B08_Solicitation_No_140L1222R0006.pdf

Solicitation No: 140L1222R0006

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 4 of 35

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract

County: Lassen and Modoc County

Type of Construction: Building

Magnitude: $100,000 and $250,000 NAICS: 236220 SIZE STD: $39.5 Million SET-ASIDE: Small Business Set-Aside

Bureau of Land Management Contacts Technical Representative (COR) Contract Specialist (CS)

Name: Greg Handa Lou Cabral

Email: ghanda@blm.gov jcabral@blm.gov

PRIMARY CONTACT

Proposal Submittal Information:

Site Visit: May 23, 2022 at 10:00 am PDT

Questions Due Date: May 26, 2022 at 6:00 pm PDT

Proposal Due Date: June 22, 2022 at 6:00 pm PDT

Selection Criteria: Lowest Price Technically Acceptable (LPTA) mailto:ghanda@blm.gov mailto:jcabral@blm.gov

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 5 of 35

Table of Contents

SECTION B: PRICE SCHEDULE

SECTION C: SPECIFICATIONS/DRAWINGS

SECTION D: PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

SECTION G: CONTRACT ADMINISTRATION DATA

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M: EVALUATION FACTORS FOR AWARD

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 6 of 35

SECTION B: PRICE SCHEDULE

(a) The contractor shall, except as otherwise noted, provide all necessary labor, equipment, materials, supplies, transportation, travel, and per diem necessary to perform the work specified in the attached Performance Work Statement.

(b) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(c) Offers are subject to the terms and conditions of this solicitation.

(d) Definitions: CLIN – Contract Line Item Number.

CONTRACT

LINE ITEM

NUMBER

CONTRACT LINE ITEM TITLE QUANTITY

UNIT OF

MEASURE

UNIT PRICE TOTAL PRICE

Base Bid Items for Location A- Remodel Restrooms at Ravendale Fire Barracks

1A Mobilization 1 Lump Sum

2A Demolition of framing, interior and exterior finishes, windows, doors, fixtures, and utilities

1 Lump Sum

3A Rough carpentry including all interior and exterior framing

1 Lump Sum

4A Insulation including thermal and acoustic insulation

1 Lump Sum

5A Plumbing including all plumbing fixtures and related water and sewer piping

1 Lump Sum

6A HVAC including all ducting, registers, and tie-in to existing system

1 Lump Sum

7A Electrical including all lighting, outlets, switches, and related wiring

1 Lump Sum

8A Concrete floor including pouring and finishing concrete

1 Lump Sum

9A Floor finishes including sheet vinyl flooring and base cove trim

1 Lump Sum

10A Interior finishes including all drywall, taping, texturing, priming, and painting

1 Lump Sum

11A Exterior finishes including repairing water barrier, replacing siding, priming and painting

1 Lump Sum

12A Doors including installation of all doors, jambs, related hardware and trim

1 Lump Sum

13A Windows including installation of windows and related trim

1 Lump Sum

Total Base Bid Line Items 1A to 13A ------------------------------------------------------------------------------

Base Alternate/Option Items for Location B - Remodel Restrooms at Surprise Fire Barracks

1B Mobilization 1 Lump Sum

2B Demolition of framing, interior and exterior finishes, windows, doors, fixtures, and utilities

1 Lump Sum

3B Rough carpentry including all interior and exterior framing

1 Lump Sum

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 7 of 35

4B Insulation including thermal and acoustic insulation

1 Lump Sum

5B Plumbing including all plumbing fixtures and related water and sewer piping

1 Lump Sum

6B HVAC including all ducting, registers, and tie-in to existing system

1 Lump Sum

7B Electrical including all lighting, outlets, switches, and related wiring

1 Lump Sum

8B Concrete floor including pouring and finishing concrete

1 Lump Sum

9B Floor finishes including sheet vinyl flooring and base cove trim

1 Lump Sum

10B Interior finishes including all drywall, taping, texturing, priming, and painting

1 Lump Sum

11B Exterior finishes including repairing water barrier, replacing siding, priming and painting

1 Lump Sum

12B Doors including installation of all doors, jambs, related hardware and trim

1 Lump Sum

13B Windows including installation of windows and related trim

1 Lump Sum

Total Base Bid Line Items 1B to 13B ------------------------------------------------------------------------------

GRAND TOTAL FOR SCHEDULES (Base + Alternate)

* Offerors are to complete Block 17 of the SF1442 with total proposed fixed price on SF1442

(END OF SECTION)

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 8 of 35

SECTION C: SPECIFICATIONS/DRAWINGS

Specifications and Drawings are attached and incorporated in the Statement of Work herein by reference, see section J, and

Attachment (s).

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 9 of 35

SECTION D: PACKAGING AND MARKING

Not Applicable.

Packaging and marking of deliverables shall be IAW the Contractor’s standard commercial practices.

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SECTION E: INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

52.246-21 Warranty of Construction March 1994

FINAL INSPECTION AND ACCEPTANCE

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be accomplished before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection.

Acceptance of the work will occur only upon written notice of acceptance by the Contracting Officer or any other warranted Contracting

Officer for Bureau of Land Management (BLM) California State Office (CASO) performing authorized duties in conjunction with this contract. The contracts required completion date is 120 calendar days after receipt of the notice to proceed.

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 11 of 35

SECTION F: DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work April 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (April 1984)

The Contractor shall be required to

(a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 120 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 12 of 35

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSES INCORPORATED BY FULL TEXT

DIARS 1452.201-70 AUTHORITIES AND DELEGATIONS (September 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the

COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the

Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any

Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

G-1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the

Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

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5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated:

"The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G-2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

9. A Release of Claims (See 1452.204-70) with a request for final payment.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government

Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston

(FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the

IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 14 of 35

G-3 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

G-4 GOVERNMENT POINTS OF CONTACT

Lou Cabral

Contracting Officer jcabral@blm.gov

Contracting Office

Bureau of Land Management, California Department of the Interior, Region 8/10

2800 Cottage Way, Suite W-1623

Sacramento, CA 95825-1856 mailto:jcabral@blm.gov

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 15 of 35

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H-1 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between

7:30am and 5:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H-2 FIRE DANGER SEASON

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H-3 DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting

Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full-size drawings may contact the Contracting Officer identified in the solicitation.

H-4 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

H-5 SAFETY AND QUALITY CONTROL PLAN

Within 10 days following contract award, the contractor must provide effective quality control/assurance and safety plans for acceptance by the Government.

H-6 FEDERAL HOLIDAYS

To include holidays proclaimed by Executive Order, the following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day

President’s Day Memorial Day

Juneteenth Independence Day

Labor Day Columbus Day

Veterans Day Thanksgiving Day

Christmas Day

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H-7 LIMITATIONS ON SUBCONTRACTING REPORTING

In accordance with 52.219-14 Limitations on Subcontracting, the prime contractor must perform at least 15% of the cost of the contract, excluding the cost of materials with its own employees and employees of a similarly situated subcontractor. A similarly situated subcontractor is a small business concern subcontractor that is a participant of the same SBA program that qualified the prime contractor as an eligible offeror and awardee of the contract. The contractor is responsible for ensuring compliance with the Limitation on

Subcontracting.

At the conclusion of the period of performance and prior to final payment, the contractor shall submit a Limitation on Subcontracting

Report directly to the Contracting Officer. The following information is required as part of the report: 1) the total amount paid to the

Prime during the performance period broken out by labor and materials 2) list of Similarly Situated Subcontractors and the amounts paid to each during the performance period broken out by labor and materials 3) list of any other subcontractors and the amounts paid to each during the performance period broken out by labor and materials.

If the Contracting Officer review of the report finds that the contractor is not in compliance for the period of performance, the contractor will be notified in writing. Penalties for failure to comply are described in 13 CFR 125.6(h) which states:

Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C.

645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).

H-8 COMMUNICATIONS

“Time” for communications received after 3:00pm PT, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Pacific time.

(END OF PART I)

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PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

52.202-1 Definitions June 2020

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures June 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights

June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-9 Personal Verification Contractor Personnel January 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020

52.204-13 System for Award Management Maintenance October 2018

52.204-14 Service Contract Reporting Requirements October 2016

52.204-18 Commercial and Government Entity Code Maintenance August 2020

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

July 2018

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment

August 2020

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

Debarred, Suspended, or Proposed for Debarment

June 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

October 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015

52.215-2 Audit and Records – Negotiation June 2020

52.215-21, Alt III Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications

June 2020

October 1997

52.219-6 Notice of Total Small Business Set Aside November 2020

52.219-8 Utilization of Small Business Concerns October 2018

52.219-14 Limitations on Subcontracting March 2020

52.219-28 Post-Award Small Business Program Representation November 2020

52.222-1 Notice to The Government of Labor Disputes February 1997

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation March 2018

52.222-6 Construction Wage Requirements August 2018

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52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records August 2018

52.222-9 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements February 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 Act Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities April 2015

52.222-26 Equal Opportunity September 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

April 2015

52.222-35 Equal Opportunity for Veterans June 2020

52.222-36 Equal Opportunity for Workers with Disabilities June 2020

52.222-37 Employment Reports Veterans June 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons October 2020

52.222-54 Employment Eligibility Verification October 2015

52.222-55 Minimum Wages Under Executive Order 13658 November 2020

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

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-6 Drug Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products

May 2020

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

Contracts

August 2018

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving June 2020

52.223-21 Foams June 2016

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021

52.227-1 Authorization and Consent June 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement June 2020

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.228-2 Additional Bond Security October 1997

52.228-5 Insurance – Work on a Government Installation

January 1997

52.228-11 Pledges of Assets August 2018

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit November 2014

52.228-15 Performance and Payment Bond – Construction June 2020

52.229-3 Federal, State and Local Taxes February 2013

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-33 Payment by Electronic Funds Transfer-- System for Award Management October 2018

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013

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52.233-1, Alt 1 Disputes May 2014

December 1991 52.233-3 Protest After Award August 1996

52.233-4 Applicable Law for Breach of Contract Claim October 2004

52.236-2 Differing Site Conditions April 1984

52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984

52.236-6 Superintendence by the Contractor April 1984

52.236-7 Permits and Responsibilities November 1991

52.236-8 Other Contracts April 1984

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

April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning up April 1984

52.236-13 Accident Prevention November 1991

52.236-14 Availability and Use of Utility Services April 1984

52.236-15 Schedules for Construction Contracts April 1984

52.236-17 Layout of Work April 1984

52.236-21, Alt I Specifications and Drawings for Construction February 1997

April 1984

52.236-26 Preconstruction Conference February 1995

52.242-13 Bankruptcy July 1995

52.242-14 Suspension of Work April 1984

52.243-5 Changes and Changed Conditions April 1984

52.244-6 Subcontracts for Commercial Items October 2020

52.245-1 Government Property January 2017

52.245-9 Use and Charges April 2012

52.246-12 Inspection of Construction August 1996

52.246-21 Warranty of Construction March 1984

52.248-3 Value Engineering – Construction October 2020

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

September 1996

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements

April 2012

52.249-10, Alt I Default (Fixed-Price Construction) April 1984

52.253-1 Computer Generated Forms January 1991

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior July 1996

DIAR 1452.204-70 Release of Claims – Department of the Interior July 1996

DIAR 1452.215-70 Examination of Records – Department of the Interior April 1984

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior July 1996

DIAR 1452.237-70 Information Collection – Department of the Interior July 1996

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CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS (Nov 2021) (a) Definitions. As used in this clause-

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at 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.

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 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. 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 item or to the construction materials https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 21 of 35 or components listed by the Government as follows:

None

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

Government determines that-

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty

(whether or not a duty-free certificate may be issued).

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[* 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.]

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 22 of 35

52.236-4 PHYSICAL DATA (April 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and core borings.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (February 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): http://acquisition.gov/far/index.html .

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE (November 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

DIARS 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR (July 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Workers’ Compensation and Employer’s Liability - $100,000

General Liability - $500,000

Automobile Liability:

$200,000 per person

$500,000 per occurrence for bodily injury

$20,000 per occurrence property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(END OF PART II)

http://acquisition.gov/far/index.html

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 23 of 35

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS

Number Description

Number of Pages

1 Specification Restroom Remodel for Ravendal and Surprise 68

2 Wage Determination - CA20210007 45

* These documents will not become part of the resultant contract.

Construction wage rate requirements are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

Applicable wage rates can be found at SAM.gov

(END OF PART III)

https://sam.gov/content/home

PROJECT DESCRIPTION: REMODEL RESTROOMS AT RAVENDALE & SURPRISE BARRACKS Page 24 of 35

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications

June 2020

52.236-28 Preparation of Proposal - Construction October 1997

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

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

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

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law. This provision applies to all solicitations.

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

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

Government.

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

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

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