RFQ1442.pdf

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SIDING REMOVAL AND REPLACEMENT Federal contract opportunity
Solicitation number
EA-133C-17-RQ-0432
Issued by
Department of Commerce National Oceanic and Atmospheric Administration

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SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

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

11. The contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. 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.

d. Offers providing less than

NSN 7540-01-155-3212

calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

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

17. 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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

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.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 23 EA133C17RQ0432

0001 REMOVE AND REPLACE EXISTING SIDING

ON THE MAIN OFFICE BUILDING AT THE NGS

TRAINING CENTER & LABORATORY BUILDING IN

ACCORDANCE WITH THE ATTACHED SCOPE OF

WORK.

1.00 JB

Table of Contents

PAGE 4 OF 23 EA133C17RQ0432

SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1 Contract Clauses

2 Scope of Work

3 General Decision VA170015

PAGE 5 OF 23 EA133C17RQ0432

SECTION 00100

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00100. 1 Contract Clauses

CONTRACT CLAUSES

1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(APR 2010)

(a)(To be designated at time of award) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR info:

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS (OCT 2015)

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE (JUL 2013)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2015)

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Contract Award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 Days.

The time stated for completion shall include final cleanup of the premises.

Item No *Commence Work Within **Complete No Later Than Line Item 0001 10 Calendar 60 Days

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS

(OTHER THAN COMMERCIAL ITEMS) (MAR 2016)

The full text of a clause may be accessed electronically at this/these address(es):

Regulations URLs: (Click on the appropriate regulation.)

PAGE 6 OF 23 EA133C17RQ0432

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfartoc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page conduct a search for the desired regulation reference, using your browser's FIND function. When located, click on the regulation reference (hyperlink).

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET ASIDE (NOV

2011)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

1352.219-71 NOTIFICATION TO DELAY PERFORMANCE

(DEVIATION) (APR 2010)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY

2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH 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)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION (APR 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING (AUG 2011)

PAGE 7 OF 23 EA133C17RQ0432

52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is— (1.i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(1.ii) Sold in substantial quantities in the commercial marketplace; and (1.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 in46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

“Cost of components” means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material. “United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 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 component test of the Buy American statute is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction

PAGE 8 OF 23 EA133C17RQ0432

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 or components listed by the Government as follows:

(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— (3.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 6 percent;

(3.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 (3.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) 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.

PAGE 9 OF 23 EA133C17RQ0432

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is non-compliant 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

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

PAGE 10 OF 23 EA133C17RQ0432

1352.228-70 INSURANCE COVERAGE (APR 2010)

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

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307–2(b), Property Damage Liability Insurance shall be required in the amount of $0.

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

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE

COVERAGE-----FIXED PRICE (APR 2010)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION

CONTRACTS (MAY 2014)

(a) Invoice payments—

PAGE 11 OF 23 EA133C17RQ0432

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(1.i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

(1.i.A) The due date for making such payments is 14 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14th day after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 30th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Arthur Hildebrandt, Contracting Officer, NOAA/Eastern Region Acquisition Division, 200 Granby St., Norfolk, VA 23510

(c) ) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz, Senior Procurement Executive and Director, Office of Acquisition Management, U.S. Department of Commerce, Room 6422, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

PAGE 12 OF 23 EA133C17RQ0432

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC

20230. FAX: (202) 482–5858.

1352.233-70 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR

2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(i) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(b) ) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC

20230. FAX: (202) 482-5858.

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENT (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR

1984)

(b) Use of all standard utilities.

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997)

1352.237-71 SECURITY PROCESSING REQUIREMENTS--LOW RISK

CONTRACTS (APR 2010)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

PAGE 13 OF 23 EA133C17RQ0432

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(b) The place of acceptance will be:

NOAA/NGS/Instrumentation & Methodologies Branch 15351 Office Dr.

Corbin, VA 22446

52.249-1 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR

1984)

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):

Regulations URLs: (Click on the appropriate regulation.)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/f ar/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/d fars/dfartoc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/a ffars/affar1toc.htm

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this 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 contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

2).clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DEVIATION CLAUSES

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from

PAGE 14 OF 23 EA133C17RQ0432

lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (MAR 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that –

a. Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

b. Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that –

a. The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

b. The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of clause)

00100. 2 Scope of Work

PAGE 15 OF 23 EA133C17RQ0432

Scope of Work

NCNL1000-17-00888

1.0 CONTRACT PROJECT:

1.1 Project Number:

1.2 Project Title: Corbin Siding

2.0 PROJECT CONTACT PERSONS:

2.1 On-Site Project Contact (PC)

Kendall Fancher NOAA/NOS/National Geodetic Survey 15351 Office Drive Woodford, VA 22580 Phone: (540) 373-1243 Email: kendall.fancher@noaa.gov

3.0 PROJECT TASKS:

This project includes removal and disposal of existing siding and trim materials and replacement with new siding and trim materials associated with the National Geodetic Survey’s Training Center & Laboratory facility office building located at 15351 Office Drive, Woodford, VA 22580.

3.1. Remove Existing Siding and Trim.

The siding materials contain asbestos, see attached laboratory certificate of analysis. The contractor shall remove and properly dispose of all existing composite tile siding and siding trim boards and existing materials. All Federal and State regulations in regards to the proper handling and disposal of such materials shall be adhered to.

3.2. Preparation

The contractor shall prep and ready all areas identified in step 3.1. This includes, but not limited to:

Removal of any obstacles or debris from walls and surrounding areas Securing of loose boards and wood trim Replacement of rotted boards Fill in gaps and cracks with caulk, to ensure proper insulation

3.3. Continuous Insulation (Foam Sheathing)

The contractor shall install Expanded Polystyrene (EPS) Foam Board which meets or exceeds the minimum requirements of all applicable building codes.

PAGE 16 OF 23 EA133C17RQ0432

3.3.1. The contractor shall install EPS according to the manufacture’s recommended method, and ensure a tight fit with a minimum number of seams.

3.3.2. The contractor shall ensure that all gaps and cracks are properly sealed to ensure proper insulation.

3.4. Moisture Barrier

The contractor shall install a moisture barrier, such as house wrap or felt paper, which meets or exceeds the minimum requirements of all applicable building codes.

3.4.1. The contractor shall install the moisture barrier, in accordance with the manufacture’s recommended method, and ensure that all seams overlap by at least 6”.

3.4.2. The contractor shall ensure that the stud locations are properly marked by an acceptable practice, i.e. Chalk lines, in order to properly secure siding.

3.5. Fiber-Cement Siding

The contractor shall install fiber cement siding, which meets or exceeds the minimum requirements of all applicable building codes.

3.5.1. The contractor shall install the siding, in accordance with the manufacturer’s recommended method specific to the material being used, including any specialized fasteners or fir strips.

3.5.2. Fiber Cement Lap Siding Specifications:

Thickness: 1-inch nominal Width: 16-inch nominal Length: 12-foot nominal Style: Cedar textured, 9 and ¼ inch wide lap siding Sealant/primer: Sealant/primer applied by manufacturer Warranty: 30 year warranty on materials

3.6. Trim

The contractor shall install the appropriate trim for the selected siding used in Section 3.5.

3.6.1. Trim Specifications:

Material: Fiber cement trim boards or manufacture’s recommended Thickness: 1-inch nominal Width: 4-inch, 6-inch or 8-inch nominal Length: 16-foot nominal Style: Cedar textured, 9 and ¼ inch wide lap siding Sealant/primer: Sealant/primer applied by manufacturer Warranty: 30 year warranty on materials

PAGE 17 OF 23 EA133C17RQ0432

3.7. Finishing

3.7.1. The contractor shall paint all siding, trim, soffits and fascia boards with

100% acrylic latex topcoats formulated for exterior use.

3.7.1.1. The contractor shall discuss color options with the PC prior to making a paint color selection.

3.7.1.2. The contractor shall apply two (2) coats of paint to all surfaces, in accordance with the manufacture’s application instructions.

3.7.1.3. The contractor shall back roll all surfaces, if siding is sprayed on.

3.7.1.4. The contractor shall consider weather conditions prior to painting. In order to ensure proper curing, precipitation, humidity and temperature must be taken into consideration.

3.7.2. The contractor shall caulk all joints and seams using an elastomeric joint sealant in a coordinating color.

3.7.2.1. Caulking/sealant must be applied per manufacturer’s

specifications.

3.7.2.2. The contractor shall ensure that caulking complies with ASTM C920 Grade NS, Class 25 or higher or a latex joint sealant complying with ASTM C834.

4.0 WARRANTY

5.0 PROJECT REQUIREMENTS

No building blueprints or equivalent drawings are available. The Contractor is responsible for verifying site conditions, making quantity take offs, obtaining accurate measurement of existing conditions, and performing any act or operation which may be necessary to properly bid the work and complete the same as depicted and specified.

Contact the PC at least 24 hours in advance to request a site visit. Site visits will only be conducted during facility hours of operation. Failure to verify the existing site conditions shall not relieve the Contractor of the responsibility to complete the work as required.

5.1 Work Schedule

The contractor shall coordinate the site investigations and site work with the COR and PC. Construction shall be managed to provide minimal impact to campus operations.

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5.2 Storage

The contractor shall coordinate the on-site location(s) where materials and supplies are to be stored during construction with the COR and PC. It is imperative that supplies and materials be covered and remains dry in inclement weather.

5.3 Waste Disposal

The contractor shall remove and properly dispose of all debris resulting from demolition of existing or installation of new siding and trim materials, in accordance with all applicable Federal and State regulations.

6.0 HOURS OF OPERATION

The National Geodetic Survey Training Center & Laboratory facility hours of operation are Monday through Friday from 8:00 A.M to 5:00 P.M. The facility is closed on weekend days and Federal holidays. All work shall be conducted during normal facility hours of operation.

7.0 SAFETY REQUIREMENTS

Safety and health matters, as they relate to this requirement, are the exclusive responsibility of the Contractor. The Contractor shall protect the work, the site, and all existing property and structures within the limit of construction activities or that may be affected thereby until acceptance of the work. Any damage to property by the contractor shall be repaired to the pre-damaged condition at the contractor’s expense. If the item cannot be repaired then it shall be replaced.

7.1 OSHA Requirements

The Contractor shall, under Occupational Safety and Health Administration (OSHA) requirements, is responsible for advising its employees of all Environmental and Hazardous Materials handling (if any) and is required to have and maintain SDS for all materials used by the Contractor in accordance with Federal and state laws and/or regulations.

PAGE 19 OF 23 EA133C17RQ0432

SECTION 00700

CONTRACT CLAUSES

00700. 1 General Decision VA170015

General Decision Number: VA170015 04/07/2017 VA15

Superseded General Decision Number: VA20160015

State: Virginia

Construction Type: Building

County: Caroline County in Virginia.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 01/27/2017 2 03/17/2017 3 04/07/2017

ASBE0024-006 10/01/2016

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)......................$ 35.03 15.32

* BOIL0045-003 01/01/2017

Rates Fringes

BOILERMAKER......................$ 32.72 25.26

ELEC0666-004 03/01/2017

Rates Fringes

ELECTRICIAN (Includes Low Voltage Wiring)..................$ 30.03 44%

ELEV0051-007 01/01/2017

Rates Fringes

ELEVATOR MECHANIC................$ 38.35 31.585+a+b

PAGE 20 OF 23 EA133C17RQ0432

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving and Christmas Day.

b. VACATIONS: Employer contributes 8% of basic hourly rate for 5 years or more of service or 6% of basic hourly rate for 6 months to 5 years of service as vacation pay credit.

ENGI0147-019 11/01/2013

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes 90 tons & over capacity; Tower & Climbing Cranes with Controls 100

ft. above ground............$ 28.30 8.69%+8.15 Cranes under 90 tons........$ 27.38 8.69%+8.15

IRON0079-012 01/01/2016

Rates Fringes

IRONWORKER, STRUCTURAL AND

ORNAMENTAL.......................$ 25.00 14.28

* PLUM0010-007 03/01/2017

Rates Fringes

PLUMBER..........................$ 28.55 16.67

SUVA2013-028 01/11/2016

Rates Fringes

BRICKLAYER.......................$ 20.00 1.00

CARPENTER........................$ 21.10 1.11

CEMENT MASON/CONCRETE FINISHER...$ 17.23 0.00

GLAZIER..........................$ 18.43 3.71

HVAC MECHANIC (HVAC Duct Installation Only)...............$ 20.60 2.93

IRONWORKER, REINFORCING..........$ 27.18 4.13

LABORER: Common or General, Including Pipelaying.............$ 14.58 0.00

LABORER: Mason Tender - Brick...$ 13.41 3.15

LABORER: Mason Tender - Cement/Concrete..................$ 12.96 3.12

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 19.74 1.43

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 18.95 4.03

OPERATOR: Bulldozer.............$ 17.50 0.00

OPERATOR: Forklift..............$ 19.40 7.00

PAGE 21 OF 23 EA133C17RQ0432

OPERATOR: Loader................$ 21.28 3.17

OPERATOR: Roller................$ 16.25 4.88

PAINTER (Brush and Roller).......$ 16.87 0.00

PAINTER: Spray..................$ 16.58 0.00

PIPEFITTER: Includes HVAC Pipe, Unit and Temperature Controls Installations...........$ 29.45 13.95

ROOFER...........................$ 17.40 1.55

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 19.72 1.83

SPRINKLER FITTER (Fire Sprinklers)......................$ 20.50 2.93

TILE FINISHER....................$ 23.40 0.00

TILE SETTER......................$ 27.80 10.25

TRUCK DRIVER: Dump Truck........$ 14.88 0.00

WATERPROOFER.....................$ 21.17 3.41

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular

PAGE 22 OF 23 EA133C17RQ0432

rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

PAGE 23 OF 23 EA133C17RQ0432

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

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