FN1467-19__UNICOR_ALLENWOOD_CONSTRUCTION_PROJECTS.pdf

Terms

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 1 EA

WAREHOUSE REPAIRS

LOT 1 UNICOR WAREHOUSE

UNICOR WAREHOUSE

-REPAIR CONCRETE MASONRY BLOCK AROUND DOCK IN THE UNICOR WAREHOUSE

-REPAIR WAREHOUSE GUTTERS

-INSTALL ALPINE SNOW GUARDS

CHANGE_REMARKS *** Text changed ***

00002 1 EA

FCI FACTORY RESTORATION

LOT 2 UNICOR FACTORY RESTORATION

UNICOR FACTORY LOCATED AT FCI ALLENWOOD

-FINAL DEMOLITION AND CONCRETE WORK TO RESTORE FACTORY BACK TO ORIGINAL STATE.

CHANGE_REMARKS *** Text changed ***

DJU6200008820 PAGE 2 OF 46

Request For Quote

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Solicitation FN1467-19

Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates approximately 99 factories in over 64 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.

GENERAL INTENTION: It is the intent of this synopsis/solicitation to result in A MULTIPLE AWARD BY LOT BY PROJECT AS A

DEFINITE QUANTITY/DEFINITE DELIVERY CONSTRUCTION Type Contract for THE FOLLOWING PROJECTS AT UNICOR ALLENWOOD PA:

Lot 1. UNICOR WAREHOUSE

-REPAIR CONCRETE MASONRY BLOCK AROUND DOCK IN THE UNICOR WAREHOUSE

-REPAIR WAREHOUSE GUTTERS

-INSTALL ALPINE SNOW GUARDS

PROJECT SPECIFICS WILL BE LISTED IN DETAIL IN SECTION C OF THIS SOLICITAITON DOCUMENT

Lot 2. UNICOR FACTORY LOCATED AT FCI ALLENWOOD

-FINAL DEMOLITION AND CONCRETE WORK TO RESTORE FACTORY BACK TO ORIGINAL STATE.

PROJECT SPECIFICS WILL BE LISTED IN DETAIL IN SECTION C OF THIS SOLICITAITON DOCUMENT

LOT 1- Work on lot 1 can be completed at any time after award, but will be completed prior to March 15, 2019

LOT 2- Work on Lot 2 will not start until January 1, 2019 and must be completed on or before March 15, 2019

Solicitation number is FN1467-18 and this solicitation is issued as a Request For Proposal (RFP).

UNICOR, FCC Allenwood

Route 15, 2 Miles N. of Allenwood

Allenwood PA 17810

THIS REQUIREMENT IS A FULL AND OPEN REQUIREMENT. 236220

Commercial and Institutional Building Construction

The following information pertains to the Standard Form 1449 Solicitation:

OMB 1103-0018

The offer acceptance period is 60 calendar days.

Block 25, Funds (15X4500) will be obligated by a delivery order and not by the contract itself.

DJU6200008820 PAGE 3 OF 46

Block 31b, TIFFANI BALESTRINI, CONTRACT SPECIALIST

Notes:

Offerors shall submit signed and dated offers to UNICOR, FCC ALLENWOOD, ROUTE 15, 2 MILES N. OF ALLENWOOD, ALLENWOOD

PA 17810

IF SUBMITTING VIA FEDEX OR UPS. Offerors may also submit proposals via fax at 352-330-8152 or email to tiffani.balestrini@usdoj.gov Email proposal shall be sent as an Adobe PDF file. The email subject line must state the Solicitation number FN1467-18. For email and fax proposals. EMAILED PROPOSALS ARE STRONGLY PERFERRED.

All solicitations (also future procurement) and any other information (amendments, etc) may be obtained through

FedBizOps at www.fbo.gov

In order to be eligible for award for this requirement all interested Offerors must have a site visit. There will be one site visit per project (LOT)

LOT 1-UNICOR Warehouse work Site visit will be Wednesday November 7, 2018 at 8:00 am EST. There will be no NCIC background information required for a site visit for this LOT as it is not within the secure correctional facility.

All interested offers MUST submit the names of individuals attending, as well as their perspective companies by 12:00

Tuesday November 6, 2018:

Tiffani Balestrini, Contract Specialist Tiffani.Balestrini@usdoj.gov and

Kelly Harter, Warehouse Foreman, kelly.harter@usdoj.gov

An offerors failure to submit the names and company will result in your firm not being considered for award.

If you firm was part of the market research phase and previoulsy visited the site, you will not be required to revisit. Attending the site visit on November 7 is MANDATORY for any other offers to be considered for award.

LOT 2: FCI Allenwood Project- Site visit will be Thursday November 8, 2018 at 8:00 am EST. NCIC's are required to be completed in order gain access into the secure correctional facility. The NCIC form is attached as part of this solicitation on www.fbo.gov Failure to complete the NCIC forms and gain approval will result in an individual being rejected from attending the site visit. Completed NCIC forms must be submitted to Mevin Sauder at mervin.sauder2@usdoj.gov by 2:00 noon on Tuesday November 6, 2018. Any forms not recieved by this time, will not be able to attend the site visit meeting On November 8, 2018. If an individual is denied access to the insitution as a result of the NCIC cleanace form, your firm will be notified so you can submit a form for an alternate individual

If you firm was part of the market research phase and previously visited a site to look at these projects, you will not be required to revisit. Attending the site visit on November 7 and/or November 8 2018 is MANDATORY for any other offers to be considered for award.

A drivers lisence or another form of photo ID will be required to gain access to the institution. No cell phones, or tools will be allowed into the site visit.

After the site visit offers will have the opportunity to submit questions in writing to Tiffani.Balestrini@usdoj.gov by 12:00 noon on Wednesday November 13, 2018. After this time one amendment will be posted on www.fbo.gov to answer all questions.

Offerors are should not contact contracting staff or factory/warehouse staff with any questions via phone. ALL questions must be submitted in writing as described above to the Contract Specialist, Tiffani Balestrini.

DJU6200008820 PAGE 4 OF 46

CLOSING DATE AND TIME FOR THE SUBMISION OF OFFERORS FOR THE SOLICIATION IS Friday November 19, 2018 AT 2:00 PM EST.

All proposals shall be submitted in via fax to 352-330-8152 or via email to Tiffani.Balestrini@usdoj.gov by the date and time listed to be considered for award.

All offerors must complete the following information prior to submission of offers to be considered for award, in addition to the requirements of Section L:

1. SAM REGISTRATION WWW.SAM.GOV

2. ACH Form (part of solicitation document)

3. Section B-Pricing on a particular Lot or both Lots

4. Business Management questionaire: Past Performance references

5. DUNS NUMBER_________________

6. TIN Number __________________

7. Pricing Spreadsheet-With pricing break down.

8. NCIC FORMS FOR ADDMITANCE TO REQUIRED SITE VISIT

9. SITE VISIT ATTENDANCE

SECTION C - DESCRIPTION/STATEMENT OF WORK

This soliciation will result in one award for EACH LOT listed as part of Section B.

LOT 1 UNICOR Warehouse

Provide and Install Snow guard on both sides of low eave for UNICOR Warehouse Please provide description of your firms proposal on the best method of installation.

Repair UNICOR Warehouse Gutters. Please provide detailed description of your firms propposal on the best method to repair.

Replace/repair masonry block around 6 dock doors.

Proposal should include description of work to be performed to repair damaged areas.

LOT 2 FCI UNICOR FACTORY/Finishing Room Restoration

TO INCLUDE REMOVAL AND DISPOSAL OF EVERYTHING IN THE ROOM EXCEPT THE FOLLOWING

DJU6200008820 PAGE 5 OF 46

Blue air lines

Lights

3 Hot water/air heaters hanging from the roof

Sprinkler system

Humidification system

There are 19 vents that go to the roof. Once they are removed you will be responsible for making steel plates ¼ inch thick and welding them in place to cover the hole on the inside of the building.(Each vent 19 of them) All the vents on the roof top will be removed also. After the roof top vents are removed you will be responsible for anything needed to weather proof and seal the roof top, to eliminate the possibility of any leaks. There is a gas line coming into the room that you will be responsible for cutting off just inside the room and installing a valve and a blank.

You will provide all the material needed to do this. Everything else in the room will be removed. We will be using box trailers( NO DUMPSTERS ) to get everything out of the prison. You will provide the box trailers and we will provide the transportation of them in and out of the prison. The max amount of trucks is 4 per day in and out of the docking area. We have 2 small forklifts and a small scissor lift that you will be able to use if needed. We do have a tool room that you are welcome to use, but each and every tool will be accounted for at the end of every day. Working hours will start at 7am and we can work until 5pm every day.

Also included in this estimate is the removal and disposal of the track which is in the concrete floor of the finishing room and goes outside of that room for a short distance. After removal you will be responsible for any concrete work and filling the pit that the drive train to this track is located. We will remove the electric motor in the pit everything else down there is your responsibility. We will also need you to resurface the floor of this entire room after the track is removed and the concrete repairs are done, and bring back to a smooth, consistent surface to eliminate tripping hazards.

A break DOWN of pricing must be provided for each Lot that is being bid on.

UNPON AWARD SUCCESSFUL OFFERORS WILL BE REQUIRED TO PROVIDE A CERTIFICATE OF INSURANCE

THIS SOLICITATION IS A DAVIS BACON WAGE GRADE REQUIREMENT.

SECTION D - PACKAGING AND MARKING

N/A

SECTION E - INSPECTION AND ACCEPTANCE

52.236-5 Material and Workmanship (APR 1984)

52.246-12 Inspection of Construction. (Aug 1996)

SECTION F - DELIVERIES OR PERFORMANCE

DJU6200008820 PAGE 6 OF 46

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) (

Alternate I (APR1984)

52.211-12 Liquidated Damages-Construction. (Sept 2000)

SECTION G - CONTRACT ADMINISTRATION DATA

52.236-7 Permits and Responsibilities (NOV 1991)

JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985)

Supplement: LCL APPR

COTR for this project is Mervin Sauder

(b) The COR is responsible, as applicable, for: receiving all deliverable's, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing.

ADMINISTERED BY: This contract will be administered by:

PRIMARY:

UNICOR, Federal Prison Industries

Route 15, 2 Miles N. of Allenwood

Allenwood, PA 17810

Attn: Tiffani Balestrini, Contract Specialist

570-547-1990 x4669

SECONDARY:

UNICOR, Federal Prison Industries, 400 First Street NW

Room 7012

Washington, DC 20534, Attn: Tee Cavanaugh, Senior Contracting Officer.

202-305-7302

Written communications shall make reference to the contract number and shall be mailed to the address of the primary

DJU6200008820 PAGE 7 OF 46

contracting officer above. In the event Ms. Balestrini is unavailable, please mail correspondence to the secondary contact.

ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED: Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:

(a) Payee Name (Contractor):__________________________________

(b) Check Remittance Address:

Any questions or problems regarding payment should be directed to the Business Manager at the following locations:

UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 11849, LEXINGTON KY 40578-1849

ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE

ORDER NUMBER WILL BE REJECTED AND RETURNED TO VENDOR.

NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT, INVOICES THAT DO NOT AGREE WITH THE PURCHASE

ORDER/DELIVERY ORDER AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS LOCATED IN BLOCK 17A OF THE SF1449.

Vendor Payment

Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account , routing ).

Failure to submit new information will result in delayed or non payment of product/service until information is properly updated. ACH form is included as part of the solicitation package and must be filled out by any party who isn't currently doing business with UNICOR.

SECTION H

SECTION I - CONTRACT CLAUSES

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

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 (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to inform Employees of Whistleblower Rights (APR

DJU6200008820 PAGE 8 OF 46

2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (OCT 2016)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016) (

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.209-10 Protection on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-10 Commencement, Prosecution, and Completion of Work.(Apr 1984)

52.215-2 Audit and Records - Negotiations (OCT 2010) (By Reference) in solicitations and contracts except those for-

(i) Acquisitions not exceeding the simplified acquisition threshold;

(ii) The acquisition of utility services at rates not exceeding those established to apply uniformly to the general public, plus any applicable reasonable connection charge; or

(iii) The acquisition of commercial items exempted under 15.403-1.

Alternate I (Mar 2009). When using funds appropriated or otherwise made available by the American Recovery and

Reinvestment Act of 2009 (Pub. L. 111-5)-

(A) The exceptions in paragraphs (b)(1)(i) through (b)(1)(iii) are not applicable; and

(B) Use the clause with its Alternate I

Alternate II (Apr 1998). For cost-reimbursement contracts with State and local Governments, educational institutions, and other nonprofit organizations, the contracting officer shall use the clause with its Alternate II.

Alternate III (June 1999). When the head of the agency has waived the examination of records by the Comptroller

General in accordance with 25.1001, use the clause with its Alternate III.

52.215-8 Order of Precedence-Uniform Contract Format. (Oct 1997)

52.216-4 Economic Price Adjustment-Labor and Material. (Jan 2017)

52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation. (MAY 2014)

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)

DJU6200008820 PAGE 9 OF 46

52.222-9 Apprentices and Trainees.

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)

52.222-16 Approval of Wage Rates. (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014

52.222-21 Prohibition of Segregated Facilities. (APR 2015) (By Reference) if clause 52.222-26, Equal Opportunity is included

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-29 Notification of Visa Denial. (APR 2015)

52.222-34 Project Labor Agreement (May 2010) (By Reference) in all solicitations and contracts associated with the construction project.

(2) Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award.

52.222-35 Equal Opportunity for Veterans. (OCT 2015) (Full Text) in solicitations and contracts if the expected value is $100,000 or more, except when-

(i) Work is performed outside the United States by employees recruited outside the United States

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

DJU6200008820 PAGE 10 OF 46

(End of clause)

Alternate I (JUL 2014). in solicitations and contracts if the expected value is $100,000 or more, except when-

(ii) The Director, Office of Federal Contract Compliance Programs, has waived, in accordance with 22.1305(a) or the head of the agency has waived, in accordance with 22.1305(b) all of the terms of the clause.

Alternate I (Jul 2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: ______________________ [List term(s)].

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans. (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Dec 2010) (

52.222-50 Combating Trafficking in Persons (MAR 2015) (

Alternate I (Mar 2015). (Full Text)As prescribed in 22.1705(a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.]

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (Jun 2016)

(1) Refrigeration equipment, such as refrigerators, chillers, or freezers; or

(2) Air conditioners, including air conditioning systems in motor vehicles.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (May 2008) (

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.223-20 Aerosols (Jun 2016) (By Reference) in all construction for products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or

DJU6200008820 PAGE 11 OF 46

(2) That involve maintenance or repair of electronic or mechanical devices.

52.223-21Foams (Jun 2016) (By Reference) in all construction for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or

(2) Construction of buildings or facilities

52.224-1 Privacy Act Notification. (Apr 1984) (By Reference) the contracting officer shall insert the following clauses in solicitations and contracts:

(a) The clause at 52.224-1, Privacy Act Notification.

52.224-2 Privacy Act. (Apr 1984) (By Reference) the contracting officer shall insert the following clauses in solicitations and contracts:

(b) The clause at 52.224-2, Privacy Act.

52.225-9 Buy American-Construction Materials (May 2014) (Full Text) When using funds other than those appropriated under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), in solicitations and contracts for construction that is performed in the United States valued at less than $7,358,000.

(a) Definitions. As used in this clause-

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

"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-

(3) 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

(4) 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;

(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

DJU6200008820 PAGE 12 OF 46

(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 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 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:

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

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

(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;

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

DJU6200008820 PAGE 13 OF 46

(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 MeasureQuantity 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).]

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

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

52.228-1 Bid Guarantee. (Sept 1996) (

52.228-2 Additional Bond Security. (Oct 1997)

52.228-5 Insurance-Work on a Government Installation. (Jan 1997) (

52.228-11 Pledges of Assets. (Jan 2012)

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. (OCT 2010)

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

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (Feb 2013)

52.232 -5 Payments under Fixed Price Construction Contracts (MAY 2014)

52.232-17 Interest. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

DJU6200008820 PAGE 14 OF 46

52.232-27 Prompt Payment for Construction Contracts (Jan 2017) (

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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)

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

52.236-2 Differing Site Conditions. (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984)

52.236-6 Superintendence by the Contractor. (Apr 1984)

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.

52.236-13 Accident Prevention. (Nov 1991)

52.236-14 Availability and Use of Utility Services. (Apr 1984)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-16 Quantity Surveys (Apr 1984) (

52.242-13 Bankruptcy. (July 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-4 Changes. (June 2007)

52.243-5 Changes and Changed Conditions. (Apr 1984)

52.245-1 Government Property. (Jan 2017) (By Reference) (a)(1) Except as provided in paragraph (d) of this section, the contracting officer shall insert the clause at 52.245-1, Government Property, in-

(i) All cost-reimbursement and time-and-material type solicitations and contracts, and labor-hour solicitations when property is expected to be furnished for the labor-hour contracts.

(ii) Fixed-price solicitations and contracts when the Government will provide Government property.

DJU6200008820 PAGE 15 OF 46

(iii) Contracts or modifications awarded under FAR Part 12 procedures where Government property that exceeds the simplified acquisition threshold, as defined in FAR 2.101, is furnished or where the contractor is directed to acquire property for use under the contract that is titled in the Government.

(2) The contracting officer shall use the clause with its Alternate I in contracts other than those identified in FAR

45.104(a), Responsibility and Liability for Government Property.

(3) The contracting officer shall use the clause with its Alternate II when a contract for the conduct of basic or applied research at nonprofit institutions of higher education or at nonprofit organizations whose primary purpose is the conduct of scientific research (see 35.014) is contemplated.

52.245-2 Government Property Installation Operation Services. (Apr 2012) (Full Text) in solicitations and contracts when the clause at 52.245-1 is included.

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the

Government Property clause of this contract.

(e) Government property provided under this clause:

(End of clause)

52.245-9 Use and Charges. (Apr 2012) (By Reference) in solicitations and contracts when the clause at 52.245-1 is included.

52.246-12 Inspection of Construction (Aug 1996)

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) (

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

52.252-2 Clauses Incorporated by Reference. (Feb 1998) (Full Text) in solicitations and contracts in order to incorporate clauses by reference.

DJU6200008820 PAGE 16 OF 46

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):

[Insert one or more Internet addresses]

(End of clause)

52.252-4 Alterations in Contract. (Apr 1984) (Full Text) in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitations that apply to the contract phase, except for any clause authorized for use with a deviation.

Portions of this contract are altered as follows:

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Apr 1984) (Full Text) in solicitations and contracts that include any

FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

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

(b) The use in this solicitation or contract of any _____. [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.253-1 Computer Generated Forms. (Jan 1991) (By Reference) in solicitations and contracts that require the contractor to submit data on Standard or Optional Forms prescribed by this regulation; and, unless prohibited by agency regulations, forms prescribed by agency supplements

PART III: List of Documents, Exhibits, and Other Attachments

Section J List of Attachments

NA

PART IV: Representations & Instructions

Section K Representations, certifications, and other statements of offerors or respondents

52.203 -2 Certificate of Independent Price Determination (APR1985) (Full Text) in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(a) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(b) [Reserved]

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

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

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

DJU6200008820 PAGE 17 OF 46

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs

(a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs

(a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-5 Women-Owned Business (Other than Small Business) (OCT 2014)

52.204-8 Annual Representations and Certifications (Jan 2017) (Full Text) Except for commercial item solicitations issued under FAR part 12, insert in solicitations the provision at 52.204-8, (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________

[insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(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 is not included in this solicitation, and the offeror is currently registered in the

System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

? (i) Paragraph (d) applies.

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

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

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

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

DJU6200008820 PAGE 18 OF 46

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

Federal Law. This provision applies to all solicitations.

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

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

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

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

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at

52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran-Representation and Certifications. This provision applies to all solicitations.

DJU6200008820 PAGE 19 OF 46

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

_x (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

When using the provision at FAR 52.204-8, Annual Representations and Certifications-

(1) Use the provision with 252.204-7007, Alternate A, Annual Representations and

Certifications; and

(2) Do not include the following representations and certifications:

(i) 252.209-7005, Reserve Officer Training Corps and Military Recruiting on

Campus.

(ii) 252.212-7000, Offeror Representations and Certifications - Commercial Items.

(iii) 252.216-7003, Economic Price Adjustment - Wage Rates or Material Prices

Controlled by a Foreign Government.

(iv) 252.225-7000, Buy American Act-Balance of Payments Program Certificate.

(v) 252.225-7020, Trade Agreements Certificate.

(vi) 252.225-7031, Secondary Arab Boycott of Israel.

(vii) 252.225-7035, Buy American Act-Free Trade Agreements-Balance of

Payments Program Certificate.

(viii) 252.225-7042, Authorization to Perform.

(ix) 252.229-7003, Tax Exemptions (Italy).

(x) 252.229-7005, Tax Exemptions (Spain).

(xi) 252.239-7011, Special Construction and Equipment Charges.

(xii) 252.247-7022, Representation of Extent of Transportation by Sea.

DJU6200008820 PAGE 20 OF 46

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-20 Predecessor of Offeror (Jul 2016) (Full Text) in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting. Also in 52.204-8 and can be checked there.

(a) Definitions. As used in this provision-

"Commercial and Government Entity (CAGE) code" means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency…