Executed Solicitation_127EAX21Q0072.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1043901

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

DANIEL FRANCO 520-388-8312

108/12/2021

127EAX21Q0072

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

Update the Controller, Power unit, Jack packing, Car components, Hoist way, Pit

Valves and Hall fixtures for the Dover passenger Elevator.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, 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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

08/30/2021

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

2PAGE OF

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

WARREN ABBOTT

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

DUNS CAGE#

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX21Q0072

Delivery: 120 Days After Notice to Proceed

Delivery Location Code: 8389

USDA FOREST SERVICE

SANDIA RANGER DISTRICT

11776 HWY 337

TIJERAS NM 87059-8619 US

0001 Office Elevator

Controller

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0002 Office Elevator

Power Unit

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0003 Office Elevator

Jack

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0004 Office Elevator

Car

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0005 Office Elevator

Hoist Way

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0006 Office Elevator

Pit

Product/Service Code: 3960

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX21Q0072

Product/Service Description: FREIGHT ELEVATORS

0007 Office Elevator

Cab

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0008 Office Elevator

Door Equipment

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0009 Office Elevator

Car Fixtures

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0010 Office Elevator

Hall Fixtures

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0011 Office Elevator

Mobilization

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0012 Office Elevator

Labor

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

0013 Office Elevator

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX21Q0072

Taxes & Bonding

Product/Service Code: 3960

Product/Service Description: FREIGHT ELEVATORS

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

1. Introduction. The Dover elevator located in the Sandia Ranger Station is to be renovated with updated electrical and mechanical components that will bring the unit up to code with all State and Federal regulations and guidelines applicable. Outdated and soon to be outdated (2024) components will be replaced to ensure no interruption of service.

2. Type of Award. As a result of this solicitation, Government anticipates The Government Anticipates awarding a Firm Fixed-Price Construction Contract using RFQ Lowest Price Technically Acceptable

(LPTA).

This is a 100% Small Business Set Aside to NAICS code 333921. PSC code 3960.

In order to be eligible for award of a Federal contract, potential vendors need to already be registered in the System for Award Management (SAM) at https://www.sam.gov . DUNS and business email are required to enroll in SAM.

3. Basis for Award. Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. To meet the Technical Capability Requirements, offers shall address the following factors:

Factor a - Tools, equipment, training, and general business practices should be developed in the statement or document to satisfy an evaluation panel that you the contractor has a level of technical capability that meets or exceeds the requirements to perform this work:

Factors b - Demonstrate a working knowledge and history of working on Dover elevators and or similar makes and models. Requires a certified technician to perform the work; submit a copy of certification documentation for the technician that will perform this work on this Dover elevator, OEM serial number

US94253

Failure to provide adequate information for Technically Capability may result in the offer being removed from the competitive range.

Competitive offers will establish price reasonableness. Therefore, when contracting on a firm-fixed-price basis, comparison of the proposed prices will satisfy the requirement to perform a price analysis (cost analysis need not be performed). Contracting Officer intends to award without discussions, offerors shall provide their best prices up front. Pricing will serve as a final determining factor for award under

LPTA.

4. How to submit your offer. Submit RFQ pages 1 through 3 as your business proposal. In a separate document, also submit a technical proposal as outlined in the Basis for Award (above). Offers shall be submitted to the Contracting Officer on or before August 30, 2021 1700 (local time). All Questions shall be submitted on or before August 25, 2021 by noon, (local time) Arizona does not observe daylight savings time, to ensure all questions are answered by the Contracting Officer Representative Taylon Chesser.

Offers shall be sent only to the Contracting Specialist Daniel Franco.

Offers shall be sent by email and should contain the Solicitation Number 127EAX21Q0067 in the subject line for the email. Email: daniel.franco@usda.gov https://www.sam.gov/ mailto:daniel.franco@usda.gov

5. No Formal Site Visit has been scheduled for project. Individual site visit requests and technical questions may be directed to the COR:

Technical Representative:

Taylon Chesser, Engineer Technician Forest Service Cibola National Forest & National Grasslands Email: Taylon.chesser@usda.gov mailto:Taylon.chesser@usda.gov

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B1 – SCHEDULE OF BASE ITEMS

BASE

ITEM #

DESCRIPTION OF PROJECT ITEMS

UNIT OF

MEASURE

EST.

QTY

UNIT PRICE EXTENDED AMOUNT

B1 Updating elevator

B1.1 Controller Lump Sum 1 $ $

B1.2 Power Unit Lump Sum 1 $ $

B1.3 Jack Lump Sum 1 $ $

B1.4 Car Lump Sum 1 $ $

B1.5 Hoist way Lump Sum 1 $ $

B1.6 Pit Lump Sum 1 $ $

B1.7 Cab Lump Sum 1 $ $

B1.8 Door Equipment Lump Sum 1 $ $

B1.9 Car Fixtures Lump Sum 1 $ $

B1.10 Hall Fixtures Lump Sum 1 $ $

B1.11 Mobilization Lump Sum 1 $ $

B1.12 Labor Lump Sum 1 $ $

B1.13 Taxes & Bonding Lump Sum 1 $ $

Total of All Base Items

*All mobilization costs must be included in the pricing.

SECTION C – STATEMENT OF WORK/DESCRIPTIONS

C.1 – GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all supervision, materials, equipment, vehicles, tools, parts, labor, transportation, and miscellaneous items needed to update the Controller, Power unit, Jack packing, Car components, Hoist way, Pit Valves and Hall fixtures for the Dover passenger Elevator. The updates are for both obsolete parts and parts that will be discontinued within the next 3 years. The project is located at the Sandia Ranger Station on the Sandia Ranger District of the Cibola National Forest.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request for Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.

The Government intends to award a contract based on Lowest Price Technically Acceptable (LPTA). The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio‐preferred Requirements

Magnitude of project ‐ Between $25,000 and $100,000.

All work shall be completed in accordance with North American Elevator Industry Codes and guidelines, comply with all

New Mexico regulations in addition to adhere to all Architectural Barriers Act (ABA) requirements.

C.2 – LOCATION OF PROJECT

Project will include the Dover Passenger Elevator located in the Sandia Ranger Station at 11776 Hwy 337, Tijeras, NM

87059. The Sandia District Ranger Station is located off I40, exit # 175 and veer to the right. At the stoplight head straight onto NM 337. Ranger station is 0.3 miles south of intersection, 11776 Hwy 337.

C.3 – SPECIFIC SCOPE OF WORK

C3.1 Base line item B1 (Update Elevator Electrical Components)

The Dover elevator located in the Sandia Ranger Station is to be renovated with updated electrical and mechanical components that will bring the unit up to code with all State and Federal regulations and guidelines applicable. Outdated and soon to be outdated (2024) components will be replaced to ensure no interruption of service. Upon completion, the work will be inspected by certified elevator inspector and must pass this inspection. See below listing of prescribed components that are required for renovation of said Dover Elevator. Any additions or substitutions must be submitted in writing to the Contract Officer with Justification and reasoning for addition or substitution. Submittals will be discussed and approved/denied in no more than fourteen working days after submittal date.

Controller ‐ Tenant Security 3‐1 (Card Reader) ‐ TAC 32 Controller (Includes Options listed below)

• 24 VDC Signal Voltage

• Auto Light and Fan Feature

• Car Independent Service

• Car Traveling Lantern Circuitry

• Door Bypass Operation

• Electronic Door Detector Interface

• hoist way Access and Enable

• THY Board ‐ eMax Monitoring Device Provisions ‐ Battery Lowering in Controller ‐ Solid State Starters (6 or 12 leads) 230 VAC Power Unit ‐ EP‐70 Power Unit (Submersible) ‐ 5‐gallon drum of Biodegradable oil (Citgo NZ) ‐ 2" Shutoff Valve Kit ‐ Isolation Couplings ‐ Overspeed Valve Kits for 2" (less than 150 GPM) Jack ‐ Packing Car ‐ Car Top Exit Switch hoist way ‐ HN Boxes (per each 2 cars, grouped) ‐ Steel Tape with Mounting hardware, Selector and magnets (terminal limits included) ‐ TAC 32 Field Friendly Wiring Package Includes single traveling cable, hoistway wiring, interlock wiring, interlock connectors, and serial wiring.

‐ Additional hoist way Wiring for TAC 32 with Remote Machine Room

Pit ‐ 2" Shutoff Valve Kit

Door Equipment ‐ LD‐16 Plus Drive Only (FRONT)

• includes Car Top Inspection station (w/ alarm signal) ‐ Micro Light (Front)

Car Fixtures ‐ Main Car Station Includes Options Below ‐ • Swing Return (Mini‐Swing (Column type) for New/Existing Dover/tkE Cabs) ‐ Vandal Resistant Floor Buttons ‐ Cast Braille Plates for Car Features ‐ Standard Key Switch Package

• Fan

• Light

• Independent

• Stop

• Inspection/Hoist way Enable) ‐ Emergency Light mounted in COP ‐ 2004 and later Fire Service Phase II Features (includes instructions signage) ‐ Handicap Signal (Passing signal) ‐ Position Indicator (2" CE Segmented) ‐ ADA Phone System integral with COP (Rath) ‐ Speaker Pattern for Intercom System/ADA Phone

‐ Locked Service Cabinet ‐ Certificate Window ‐ Default Engravings ‐ GFI Outlet ‐ #4 Stainless Steel Finish (441) ‐ Emergency Light Test Button (constant pressure) ‐ TAC Serial Boards (Main) ‐ Car Riding Lantern (Standard) #4 S/S (441)

Hall Fixtures ‐ Serial Boards for Hoist way Access ‐ Fire Service Phase I Key Switch ‐ Fire Service Phase I Engraved Instructions ‐ Fusion Hall Lanterns (Standard) White Up/Down LED's #4 S/S (304) ‐ Car Identification Plate for Main Egress Floor (Section 2.29) ‐ Hoist way Access Switch (in Hall Station) ‐ Terminal Hall Stations (Surface Mounted) with

• Appendix O (Polycarbonate insert flame with engraved verbiage)

• Fusion (#4 S/S (304)) ‐ 2009 & 2010 Elevator Communications Failure add ‐ Serial Boards for Front Risers ‐ TAC Serial Boards, Base Charge

Technical Point‐Of‐Contact

Contracting Officer’s Representative:

Eddie Holguin, Facilities Lead Forest Service Cibola National Forest & National Grasslands Email: Eduardo.holguin@usda.gov

Technical Representative:

Taylon Chesser, Engineer Technician Forest Service Cibola National Forest & National Grasslands Email: Taylon.chesser@usda.gov

SECTION D – PACKAGING AND MARKING

D1—GENERAL INFORMATION:

See Section J for Exhibits that are incorporated as part of the statement of work:

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Bio‐preferred Requirements

SECTION E ‐ Inspection and Acceptance

52.246‐12 Inspection of Construction (Aug 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures.

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance.

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re‐inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

52.246‐13 Inspection—Dismantling, Demolition, or Removal of Improvements (Aug 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replaces them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement. (End of clause)

52.246‐21 Warranty of Construction (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government‐owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice.

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer;

and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government‐furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

FAR 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 notice‐to‐proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days from issuance of notice‐to‐proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236‐75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR 52.236‐15, Schedules for Construction Contracts, and

The maximum workweek shall be: Perform construction during normal waking hours from 8:00am to 4:30 pm Monday through Friday. Any change in the work schedule shall be submitted for approval in writing to the Contracting Officer a minimum of 10 working days prior to commencement for approval or rejection.

SECTION G – CONTRACT ADMINISTRATIVE DATA

Government Furnished Items: N/A

SECTION H – Special Contract Requirements

N/A

PART II ‐ SECTION I ‐ CONTRACT CLAUSES AND PROVISIONS

FAR 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202‐1 Definitions (JUN 2020) 52.203‐3 Gratuities (APR 1984) 52.203‐5 Covenant Against Contingent Fees (MAY 2014) 52.203‐6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203‐7 Anti‐Kickback Procedures (JUN 2020) 52.203‐8 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 (JUN 2020) 52.204‐4 Printed or Copied Double‐Sided on Recycled Paper (MAY 2011) only above SAT 52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) 52.204‐13 System for Award Management Maintenance (OCT 2018) 52.204‐14 Service Contract Reporting Requirements (OCT 2016) 52.204‐16 Commercial and Government Entity Code Reporting (AUG 2020).

52.204‐17 Ownership or Control of Offeror (AUG 2020) 52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204‐20 Predecessor of Offeror (AUG 2020) 52.204‐23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2020)

52.204‐26 Covered Telecommunications Equipment or Services‐Representation (AUG 2020)

52.209‐6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.211‐18 Variation in Estimated Quantity (APR 1984) 52.215‐2 Audit and Records ‐‐ Negotiation (JUN 2020) 52.219‐6 Notice of Total Small Business Set‐Aside (JUN 2020) 52.219‐14 Limitations on Subcontracting (MAR 2020) 52.222‐3 Convict Labor (JUN 2003)

52.222‐4 Contract Work Hours and Safety Standards Act ‐‐ Overtime Compensation (MAR 2018) 52.222‐5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222‐6 Construction Wage Rate Requirements (AUG 2018) 52.222‐7 Withholding of Funds (MAY 2014) 52.222‐8 Payrolls and Basic Records (AUG 2018) 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 Davis‐Bacon and Related Act Regulations (MAY 2014) 52.222‐14 Disputes Concerning Labor Standards (FEB 1988) 52.222‐15 Certification of Eligibility (MAY 2014) 52.222‐21 Prohibition of Segregated Facilities (APR 2015) 52.222‐26 Equal Opportunity (APR 2016) 52.222‐27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222‐35 Equal Opportunity for Veterans (JUN 2020) 52.222‐36 Equal Opportunity for Workers With Disabilities (JUN 2020) 52.222‐37 Employment Reports on Veterans (JUN 2020) 52.222‐50 Combating Trafficking in Persons (OCT 2020) 52.223‐1 Biobased Product Certification (MAY 2012) 52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 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) 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225‐1 Buy American—Supplies (MAY 2014) 52.225‐2 Buy American—Certificate (MAY 2014) 52.225‐9 Buy American—Construction Materials (MAY 2014) 52.225‐10 Notice of Buy American Requirement‐Construction Materials (MAY 2014) 52.225‐12 Notice of Buy American Requirement‐Construction Materials under Trade Agreements(MAY 2014) 52.225‐13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225‐25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—

Representation and Certifications (JUN 2020) 52.227‐1 Authorization and Consent (JUN 2020) 52.227‐2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227‐4 Patent Indemnity ‐‐ Construction Contracts (DEC 2007) 52.228‐2 Additional Bond Security (OCT 1997) 52.228‐11 Pledges of Assets (AUG 2018) 52.228‐12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228‐14 Irrevocable Letter of Credit (NOV 2014) 52.228‐15 Performance and Payment Bonds—Construction (JUN2020) 52.229‐4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) 52.229‐10 State of New Mexico Gross Receipts and Compensating Tax (APR 2003) 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 (JAN 2017) 52.232‐33 Payment by Electronic Funds Transfer –System for Award Management (OCT 2018) 52.232‐39 Unenforceability of Unauthorized Obligations 52.233‐1 Disputes (MAY 2014) 52.233‐3 Protest After Award (AUG 1996) 52.233‐4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236‐2 Differing Site Conditions (APR 1984) 52.236‐3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236‐5 Material and Workmanship.

52.236‐6 Superintendence by The Contractor (APR 1984) 52.236‐7 Permits and Responsibilities.

52.236‐8 Other Contracts (APR 1984) 52.236‐9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236‐10 Operations and Storage Areas (APR 1984) 52.236‐11 Use and Possession Prior to Completion (APR 1984) 52.236‐12 Cleaning Up (APR 1984) 52.236‐13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236‐16 Quantity Surveys (APR 1984) 52.236‐17 Layout of Work (APR 1984) 52.236‐21 Specifications and Drawings for Construction (FEB 1997) 52.236‐26 Preconstruction Conference (FEB 1995) 52.236‐28 Preparation of Proposals—Construction (OCT 1997) 52.242‐13 Bankruptcy (JUL 1995) 52.243‐4 Changes (JUNE 2007) 52.243‐5 Changes and Changed Conditions (APR 1981) 52.244‐6 Subcontracts for Commercial Items (DEC 2015) 52.246‐21 Warranty of Construction (MAR 1994) 52.248‐3 Value Engineering – Construction (OCT 2015) 52.249‐2 Termination for Convenience of the Government (Fixed‐Price) (APR 2012)‐‐Alternate I (SEP 1996) 52.249‐10 Default (Fixed‐Price Construction) (APR 1984)

452.211‐73 Attachments to Statements of Work/Specifications 452.232‐70 Reimbursement for Bond Premiums – Fixed‐Price Construction Contracts (NOV 1996) 452.236‐71 Prohibition Against the Use of Lead‐Paint (NOV 1996) 452.236‐72 Use of Premises (NOV 1996) 452.236‐73 Archeological or Historic Sites (FEB 1988) 452.236‐74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236‐76 Samples and Certificates (FEB 1988) 452.236‐77 Emergency Response (NOV 1996) 452.236‐78 Fire Suppression and Liability (MAY 2014)

52.204‐6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

(a) Definition. As used in this provision‐

Electronic Funds Transfer (EFT) indicator means a four‐character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Trade style, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(End of provision)

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four‐character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Trade style, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

EXHIBIT 1

8/11/2021 SAM.gov https://sam.gov/wage-determination/NM20210001/0 1/5

"General Decision Number: NM20210001 01/01/2021

Superseded General Decision Number: NM20200001

State: New Mexico

Construction Type: Residential

County: Bernalillo County in New Mexico.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 per hour (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 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/01/2021

* PLUM0412-002 04/01/2016

Rates Fringes

PLUMBER..........................$ 22.84 7.33

SUNM1999-001 08/05/1999

Rates Fringes

CARPENTER (excluding scaffold setting, form work, drywall hanging, and installation of soft floors, overhead doors, and batt insulation).............$ 11.95 .30 https://sam.gov/wage-determination/NM20210001/0 2/5

CEMENT MASON/CONCRETE FINISHER...$ 10.62

ELECTRICIAN......................$ 14.15 2.39

Insulator Batt and Blown..............$ 14.15

LABORER

Fence Erector...............$ 8.00 .28 Landscape Worker............$ 7.25 Pipe Layer..................$ 8.59 Unskilled...................$ 8.81

LATHER...........................$ 10.00

PAINTER (excluding drywall finishing/taping)................$ 9.00

Power Equipment Operator Backhoe.....................$ 12.59

ROOFER...........................$ 9.83

SHEET METAL WORKER

Setting of HVAC unit and duct work installation only.$ 10.81

TRUCK DRIVER

Dump - Semi.................$ 10.00 Tandem Dump.................$ 9.00

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)).

https://sam.gov/wage-determination/NM20210001/0 3/5

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 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.

https://sam.gov/wage-determination/NM20210001/0 4/5

WAGE DETERMINATION APPEALS PROCESS

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

EXHIBIT 2 BIOPREFERRED CONSTRUCTION/MAINTENANCE & REPAIR (OCT 2010)

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310 Highway, Street, and Bridge Construction.

(2) The small business size standard is 39.5M.

(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…