Sol_G15PS00127.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)

0040184855

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

USGS Office of Acquisition and Grants

Attn: Melissa Hutchison Denver Federal Center, Bldg 810, MS 204 Denver, CO 80225

Melissa Hutchison 303-236-9319

101/20/2015

G15PS00127

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

Roof replacement for three buldings in San Juan, Puerto Rico. Refer to the full

Solicitation and all attachments.

There will be an organized site visit. Refer to clause 52.236-27 Site Visit

(Construction). (Feb 1995) in the attached Body.

Also note FAR Clause 52.228-13 Alternative Payment Protections.

The estimated price range is between $25,000 and $100,000.

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

02/04/2015

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

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

Melissa Hutchison

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

G15PS00127

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: 0006366867

USGS Geologic Hazards Team

MS 966

Denver CO 80225 US

FOB: Destination

00010 Services, non-personal, to provide all plant, equipment, materials and labor (unless otherwise provided herein) necessary to complete replacement of the Office Building roof in accordance with the attached Statement of Work.

Offeror shall quote a firm-fixed price for the replacement of the office building roof.

00020 Services, non-personal, to provide all plant, equipment, materials and labor (unless otherwise provided herein) necessary to complete replacement of the 911 Building roof in accordance with the attached Statement of Work.

Offeror shall quote a firm-fixed price for the replacement of the 911 building roof.

Period of Performance: 12/01/2014 to 06/01/2015

00030 Services, non-personal, to provide all plant, equipment, materials and labor (unless otherwise provided herein) necessary to complete replacement of the Storage/Garage Building roof in accordance with the attached Statement of Work.

Offeror shall quote a firm-fixed price for the replacement of the storage/garage building roof.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Table of Contents

Statement of Work 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.223-11 Ozone-Depleting Substances. (MAY 2001) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.228-13 Alternative Payment Protections. (JUL 2000) 52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997) 1452.204-70 Release of Claims (JUL 1996) 1452.228-70 Liability Insurance (JUL 1996) GS0340 Environmentally Preferable Building Products and Materials (MAY 2008) GS0342 Hazardous Material Identification (MAR 2008) GS0343 Energy Efficient Products (MAR 2008) GS0346 Construction Waste Management (MAR 2008) GS0347 Indoor Air Quality During Construction (MAR 2008) GS0348 Environmental Requirements - Selected Construction Materials (MAR 2008) GS1125 Schedule of Prices (Construction). (JUL 2001) GS1126 Invoicing and Performance Statements (Construction). (JUL 2001) GS1326 Indemnity. (JUL 2001) GS1329 Interpretation of Contract Requirements. (JUL 2001) GS1338 Notice to the Government of Delays. (JUL 2001) GS1346 Compliance With Occupational Safety and Health Act – Government-Owned Facilities/Equipment. (APR 2003) GS1348 Accident Reporting. (APR 2003) GS1354 List of Subcontractors (Construction). (JUL 2001) GS1366 Nondiscrimination Notice to U.S. Department of the Interior Contractors, Subcontractors, and Lessors. (JAN 2000) GS1440 Wage Determination Applicable. (JUL 2001) Deobligation of Unexpended Funds DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.204-8 Annual Representations and Certifications. (DEC 2014) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) Certification Regarding a Felony Conviction Under Any Federal Law or an Unpaid Federal Tax Liability.

(FEB 2012)

Basis of Award Bidding Requirements Lowest Price Technically Acceptable Pass/Fail Criteria and Evaluation Plan Quotation Preparation Question Cutoff Quotation Submission

Statement of Work

Roof Membrane Replacement at USGS San Juan Magnetic Observatory

1) Project Background

The San Juan Geomagnetic Observatory (SJG) is one of the more important observatories in the Geomagnetism Program, providing critical data collection for NOAA and the Air Force Weather Agency. The site, along with a local university, was initially US Military property. The initial development of these locations was done in the mid‐thirties for military barracks and ammunitions storage. When the military decommissioned these facilities, the area of the barracks was donated for the creation of the University and the ammunitions area was gifted to the USGS. The Geomagnetism Program has operated an observatory at Puerto Rico since 1903. The current observatory site, consisting of 36 acres in the mountains near Cayey, has been in use since 1965. This statement of work concerns the replacement of the roof membranes on three concrete buildings on-site at the observatory. The three buildings are the 911 building, Office building, and the Garage.

2) Project Location

USGS San Juan Magnetic Observatory Bo. Montellano Marginal St.

KM 58.2

Cayey, PR 00736

3) USGS Points of Contact (POC)

Contracting Officer Representative: will be assigned at time of award

Facility Manager: will be assigned at time of award

Site Rep: will be assigned at time of award

4) Hours of Operation

All physical construction work conducted on-site shall be coordinated with the USGS on-site representative. A USGS representative must be on-site during any work that occurs. All construction work shall occur between the hours of 7:00 AM and 6:00 PM. No activities shall occur at night.

5) Description of Work

A. Roof Replacement on 3 Buildings

Each of the three buildings supports 5” thick concrete overhang roof slab that slopes 1/8” per foot along the width of the roof, from the back to the front, toward the long side. The roofing construction is composed of 3000 Psi rebar reinforced concrete slab, tied into the building’s supporting structure. The recommended live load for all the roofs is 20 Psi. The roofs are presently covered with an elastomeric roof topping system that is showing large amounts of mold and mildew, due to water ponding. The roofs are also showing signs of cracking, spalling, and minor penetrations along the entire surface. The project scope includes removing the existing elastomeric topping, cleaning and refurbishing concrete slab and then reapplying a newer and better long term elastomeric solution. See “B” below for dimensions.

The contractor shall complete the following:

1. Temporarily remove roof top systems, such as HVAC and ducting that will interfere with the proper installation of the new elastomeric system.

2. Strip roof of all topping material down to original concrete substrate.

3. Clean roof using dry or wet sand blasting, dry-ice blasting or other aggressive/abrasive removal techniques.

4. Power-wash roof to clean any remaining residue.

5. Inspect concrete substrate surface for any signs of structural damage, leakage and/or protrusions that could compromise new elastomeric application and longevity.

6. Prepare and “shape” existing cracks in the concrete substrate using grinders. Fill “shaped” cracks with cementitious and/or elastomeric patching compounds as recommended by the coating manufacturer.

7. Infill low or irregular surfaces (tool marks) in the existing concrete surface with elastomeric patching compounds approved by the coating manufacturer.

8. Prepare transitions from horizontal to vertical surfaces using fillets of elastomeric compound.

9. Apply bonding agents and primers to the existing concrete surface as required for the cohesive bonding of all patching materials and coatings to the existing concrete.

10. Replace exposed supply ductwork and refrigerant piping on roof with new, when new roof coating is applied.

11. Apply two-coats (minimum) of approved high-quality elastomeric coating to mil-thickness necessary to acquire 10-year coating warranty.

12. Replace roof top systems, temporarily removed for installation of elastomeric solution. See 1.

Above.

13. Follow up with a curing inspection of the application to ensure requirements are met and no issues have occurred.

B. Building roof Dimensions

911 Building 24’-10”wide × 59’-0”long to include eaves extending 2’-0” off each side.

Office Building 32’-0”wide × 63’-0”long to include eaves extending 3’-6” off each side.

Garage Roof 32’-6”wide × 55’-8” long to include 3’-6” eaves on long sides and 9” eaves on short sides

It is very important that the contractor understand that this project will be conducted at a magnetic collection observatory and that the observatory is to remain operational throughout the performance of this contract. In areas where work is required and the USGS must maintain data collection activities, work shall be conducted without disruption to the USGS’s data collection activities as much as possible, and in close coordination with the USGS Facility Manager.

6) General Performance and Requirements

The contractor shall:

1. Furnish all labor, materials, equipment, and supervision necessary to complete the scope of work of this project.

2. Coordinate with USGS POC’s any required utility outages a minimum of 72 hours in advance.

3. Provide temporary weather protection to prevent damage to any exterior construction areas.

4. Take all necessary precautions to prevent fires or injury to the public, building occupant(s), or damage to property of others during the performance of this contract.

5. Furnish and install appropriate construction signs, caution tap and/or barricades around hazardous work areas.

6. Thoroughly clean the work area at the end of each work day to ensure that tenants of the quarters are not exposed to any unsafe conditions. Any additional steps taken during and after daily construction to ensure the quarters’ tenants safety shall be considered by the contractor and his or her employees.

7. Before scheduling a final inspection, all cleaning must be completed and tools, equipment, surplus materials, and debris must be removed.

8. All construction debris and rubbish shall be removed from the site daily and disposed of properly according to local, government and federal guidelines.

9. Contractor shall submit a MSDS of any cleaning material and/or blasting material to USGS Site Representative prior to bringing onsite.

10. Contractor shall submit a MSDS of all chemicals, compounds, or repair materials to USGS Site Representative prior to bringing onsite.

11. Contractor shall provide USGS with a Work Plan or some other form of documentation outlining Best Management Practices (BMPs) that will be followed to ensure minimization of pollution.

12. Contractor shall outline how dry or wet sand blasting materials and any other debris generated during this project will be contained.

13. Contractor shall outline how/where dry ice (if to be used) will be stored to ensure all necessary safety precautions are followed.

7) Schedule

The contractor shall (a) commence work under this contract 10 days after receipt of the Notice to Proceed by the Contracting Officer, (b) prosecute the work diligently, and (c) complete the work no later than 90 days from the Notice to Proceed. The time for completion shall include final cleanup of premises and final approval of punch list.

8) Pre-Construction Meeting

If necessary, the contractor may request a pre-construction meeting with USGS Facility Manager, Project Manager, and/or Site Rep to discuss time lines, questions, and concerns regarding the project as a whole. The pre-construction meeting shall be held before the Notice to Proceed is given at a time determined by the parties involved. Additional meetings will be scheduled as deemed necessary by the contractor or USGS officials.

9) Quality Assurance

1. The buildings were built in 1965, prior to the 1978 federal government ban of lead based paint used in housing. The scope of work of this project does not include lead based paint renovation, repair, and painting (RRP) and does not require the contractor to be USEPA Lead-Safe Certified.

However, if lead based paint is detected and disturbed during construction, work shall stop and the Contracting Officer shall be immediately notified.

2. According to the USEPA, houses built between 1930 and 1950 may have asbestos insulation.

Since the buildings were built in 1965, it is unlikely that the existing batt insulation contains asbestos. However, if asbestos materials are discovered during construction, work shall stop and the Contracting Officer shall be immediately notified. Asbestos removal and disposal is regulated by OSHA and the USEPA and shall only be done by a trained asbestos removal contractor or a contractor under supervision of a trained, asbestos removal professional.

3. The contractor shall be responsible for complying with all National, Federal, State and local laws, codes and regulations in connection with the execution of the work. All work shall be in accordance with the latest version of applicable codes and standards.

4. The contractor shall be responsible for visiting and inspecting the site to verify measurements, ascertain the nature and quality of the work to be performed, inform themselves of the general and local conditions (which can affect the work or the cost thereof), and compare the specifications with the work to be performed. Failure to do so will not relieve the successful contractor of his or her responsibility for estimating properly the difficulty or cost of furnishing materials and successfully performing the work in accordance with the true meaning of the specifications without additional costs to the government. Drawings furnished may not be to scale.

5. In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the contractor, save only at his own risk and expense.

6. The contractor may use utility services and toilet facilities of the buildings subject to approval of the USGS Facility Manager or onsite representative.

7. Any changes affecting the scope of work shall originate from or be approved by the Contracting

Officer in writing.

8. All materials and workmanship shall be subject to the inspection and approval of the USGS

Project Manager or USGS Facility Manager. All work unsatisfactorily performed shall be promptly corrected and made acceptable to the Government at no extra cost.

9. The USGS Project Manager or a USGS Facility Manager shall perform final inspection and acceptance with the contractor on-site upon completion of job performance.

MATERIALS

The contractor shall furnish all supplies, materials, and equipment necessary for performance of the work included in this contract unless otherwise specified. Materials and supplies to be used shall be commercially available products of reputable manufacturers or suppliers and shall be of a quality to conform to applicable Federal Specifications.

SPECIFICATIONS

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. Any changes affecting the scope of the work shall originate from and be approved by the Contracting Officer.

SCHEDULING CONTRACT WORK

The contractor shall make necessary arrangements with the Facility Manager to perform the work and shall arrange and schedule his work so that the minimum amount of interference with government activities will result.

CONDITIONS AFFECTING THE WORK

It will be the responsibility of the contractor to inspect the site, determine quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions, including other work, if any, being performed. Failure to do so will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

EMPLOYEES

The contractor shall be responsible at all times for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work at project beginning and shall be maintained throughout the period of performance. At all times, the work under this contract shall be carried out in such a way that there is a minimum of interference with Government activities.

LICENSES-PERMITS

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State, and Municipal laws, codes and regulations in connection with the execution of the work.

INDEMNITY

The contractor shall confirm all work on Government premises to areas authorized or approved by the Contracting Officer or Project Manager. The contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature of injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of the contractor.

Reference:

Elastomeric-roofing http://www.ehow.com/info_7811005_elastomeric-roofing.html Elastomeric coating pdf

HTTP://WWW.PRESERVATIONPRODUCTS.COM/SITES/DEFAULT/FILES/PAGE/HP-

3%20INSTALLATION%20GUIDE.PDF

Figure 1: Three Buildings That require re-roofing http://www.ehow.com/info_7811005_elastomeric-roofing.html http://www.preservationproducts.com/sites/default/files/page/HP-3%20Installation%20Guide.pdf http://www.preservationproducts.com/sites/default/files/page/HP-3%20Installation%20Guide.pdf

Figure 2: Office Building

Figure 3: 911 Building (On the left)

Figure 4:. Garage and Storage Building

GS0339 Green Acquisition. (FEB 2014)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting included the initiatives described below: Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/ Biobased Products are described at http://www.biopreferred.gov/ Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://epa.gov/watersense/

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):

http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

52.204-18 Commercial and Government Entity Code Maintenance. (NOV 2014)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

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

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-10 Waste Reduction Program. (MAY 2011)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

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)

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

52.227-1 Authorization and Consent. (DEC 2007)

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

52.232-17 Interest. (MAY 2014)

52.232-27 Prompt payment for construction contracts. (MAY 2014)

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)

52.236-2 Differing Site Conditions. (APR 1984)

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

52.236-5 Material and Workmanship. (APR 1984)

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

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

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

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.242-14 Suspension of Work. (APR 1984)

52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate II (APR 1984)

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

52.244-6 Subcontracts for Commercial Items. (OCT 2014)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

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

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after the contractor receives the notice to proceed.. The time stated for completion shall include final cleanup of the premises.

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

52.223-11 Ozone-Depleting Substances. (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(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.

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

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements 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:

(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 or Balance of Payments Program.

(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 Quantity Price measure (dollars)*

Item 1:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information.

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: a payment bond or an irrevocable letter of credit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

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

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

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

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

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

This will be given at time of award.

(e) Only the Contracting Officer may designate a new Technical Liaison.

1452.204-70 Release of Claims (JUL 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-

137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

1452.228-70 Liability Insurance (JUL 1996)

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

$200,000.00 each person*

$500,000.00 each occurrence*

$20,000.00 property damage*

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

The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

GS0340 Environmentally Preferable Building Products and Materials (MAY 2008)

(a) The contractor shall use environmentally preferable products and materials where economically feasible. Environmentally preferable products have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose.

(b) Refer to EPA's environmentally preferable products web site, www.epa.gov/opptintr/epp. In general, environmentally preferable products and materials do one or more of the following -

(1) Contain recycled material, are biobased, or have other positive environmental attributes;

(2) Minimize the consumption of resources, energy, or water;

(3) Prevent the creation of solid waste, air pollution, or water pollution;

(4) Promote the use of non-toxic substances and avoid toxic materials or processes.

(c) See FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, for related bio-based product requirements.

(d) See FAR 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts, for related recycled content requirements.

(e) If this contract includes janitorial services, the contractor specifically must -

(1) use the following recycled content products - towels, tissue products, and plastic trash can liners, and

(2) use biobased and/or environmentally preferable cleaning products.

GS0342 Hazardous Material Identification (MAR 2008)

(a) In accordance with clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, the contractor shall provide Materials Safety Data Sheets (MSDS) for the following products prior to their use under this contract: adhesives, caulking, sealants, insulating materials, fireproofing or fire-stopping materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides.

(b) The Government reserves the right to review such products at any time. The Contracting Officer may eliminate from permitted use under this contract products with significant quantities of toxic, flammable, corrosive or carcinogenic material and products with potential for harmful chemical emissions.

GS0343 Energy Efficient Products (MAR 2008)

(a) When acquiring energy-using products, the contractor shall purchase ENERGY STAR® or other energy-efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list. This clause applies to any power-consuming equipment to be installed or used in USGS facilities, whether title to the equipment will pass to the Government or be retained by the Contractor.

(b) For products that consume power in a standby mode (as listed on FEMP’s Standby Power Devices product listing), the contractor shall -

(1) Purchase items which meet FEMP’s standby power wattage recommendation or document the reason for not purchasing such items; or

(2) If FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, purchase items with the lowest standby wattage practicable.

(c) The requirements of this clause do not apply if (1) no compliant product’s utility and performance can meet the contractor’s need or contract specifications, (2) compliance would not be life-cycle cost-effective, or (3) compliant solutions are otherwise not available.

(d) Information is available via the Internet about - ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www.eere.energy.gov/femp/procurement .

GS0346 Construction Waste Management (MAR 2008)

(a) Items and material existing in the space or to be removed from the space during the demolition phase are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse must be in refurbishable condition, and must meet the quality standards set forth by the Government in this solicitation/contract. In the absence of definitive quality standards, the contractor is to ensure that the quality of the item(s) in question will meet or exceed accepted industry or trade standards for first quality commercial grade applications. Before use, the contractor shall submit a reuse plan to the Contracting Officer.