RFQ_Attachment_A_-_Instruction_to_vendors.pdf

ATTACHMENT A

Document No.

G15PS00178

Document Name:

Conference Room 5B227 Renovation

INSTRUCTION TO VENDORS

Disclosure of Magnitude in accordance with FAR 36.204: Less than $25,000.00.

Site Visit Details:

Date: 02/18/2014

Time: 1:00 PM Eastern Time

Location: U.S. Geological Survey, 12201 Sunrise Valley Dr., Reston, VA 20192

Meet at: USGS Visitor’s Entrance

Valid Government-issued identification is required to enter the building. Please use the Visitor's Entrance at the prescribed time only.

Vendors must provide the attached completed security document (located in Attachment B) and a business license copy prior to the site visit in order to receive project drawings. Any vendor who does not provide the required documents will not be provided drawings (if any).

Drawings or schematics, if any, will be provided at the site visit.

All vendors interested in attending the site visit shall send a confirmation email to:

Andres Castro: acastro@usgs.gov

Site Visit confirmation email shall include:

-Company Name

-Number and Names of Attendees

-Attachment 1: Completed Security Document

-Attachment 2: Copy of Business License

*Prime contractor is responsible for ensuring all subcontractors are present during the site visit.*

QUESTIONS:

All questions shall be submitted via email to acastro@usgs.gov no later than 05:00 PM Eastern Time, Friday, February 20, 2015.

QUOTATIONS:

A discounted firm-fixed priced quotation and technical quotation package shall be submitted by 2:00PM Eastern Time, Thursday

February 26, 2015.

Quotations shall be submitted for construction services related to the construction/remodeling of office space in accordance with the

Statement of Work to the Contract Specialist at acastro@usgs.gov.

Faxed or mailed quotations will not be accepted.

Vendor shall supply the USGS with a thorough quotation package demonstrating how they meet all requirements within the evaluation criteria.

Quotation package shall be thorough enough to allow the USGS to perform a proper evaluation (see evaluation criteria below).

The following additional information must be supplied along with your quotation. Failure to submit this information may deem your quotation non-responsive and your quotation may not be considered:

1) Summary breakdown of all firm-fixed price costs associated with all services requested in the Statement of Work (SOW) mailto:acastro@usgs.gov mailto:acastro@usgs.gov

Document Name:

a. Materials

b. Labor (all labor hours, showing price per hour, per category, in accordance with Davis Bacon)

c. Job Classification

d. Sub-Contract Costs

e. Payment Protection Costs (if any)

f. Copy of master electrician’s license

g. Any other miscellaneous expenses

2) Federal Tax ID Number (TIN)

3) Business Size Classification.

4) Dun & Bradstreet (DUNS) Number.

5) Warranty (One year construction warranty)

6) Three (3) References:

a) Government or Commercial

b) Job(s) performed must include the same work to the requirement described in the attached SOW

c) For work performed within the past 2 years

d) Include brief description of work, company/agency name, contact name, address, and telephone number.

General wage decision number VA150095 DATED 01/09/2015 is hereby incorporated into this request for quotation (RFQ). The wage rates and fringe benefits which appear in the wage decision are mandatory minimums that must be paid by the contractor (or any subcontractor) to any employee working under the purchase order that results from this RFQ. A copy is attached.

Contractor will be required to submit copies of all payrolls weekly. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. This information may be submitted in any for. The optional form from the Department of Labor

(WH-347) may be used. See Davis Bacon Act 52.222-6 under clause section C.

The award resulting from this RFQ will be based on lowest price technically acceptable (LPTA) quote based on the following, not listed in any the particular order of importance:

Submittal of a Technically Responsive quote based on the requested information listed in the Statement of Work and

Instructions to Vendors; The vendor will be responsible for submitting a thorough technical quotation package which will allow the USGS to perform a proper evaluation. This quotation must include the vendor’s complete proposed approach to the work required as stated in the SOW. Failure to address items listed within the Statement of Work or Instructions to Vendors may deem your quotation not technically acceptable.

Specification of the proposed materials quoted:

Vendor shall provide the specifications of the materials to be used for construction. Vendor quote shall include sufficient evidence proving that quoted work and materials meet all requirements as stated in the Statement of Work (SOW).

Warranty period on equipment and installation: At least one year warranty of construction shall be provided by the vendor.

Past Performance: Vendor shall provide at least three (3) past performance references (government or commercial) of the same work performed within the past two (2) years. At a minimum the following shall be submitted for each reference, but not limited to: description of project/work; companies names services were performed for; point of contact; address; and telephone number.

The award resulting from this RFQ will require payment protection if the value of the contract is greater than $30,000 per FAR subpart

28.1 – Bonds and other financial protections. The price for a payment bond (if applicable) shall be included in the vendor’s firm-fixed price.

(End of Instructions)

Document Name:

TECHNICAL STATEMENT OF WORK

PROJECT TITLE:

5B-227

PROJECT NUMBER:

DC-011 (15)

U. S. GEOLOGICAL SURVEY, NATIONAL CENTER

National Center Operations Branch

12201 SUNRISE VALLEY DRIVE, MAILSTOP 209

RESTON, VIRGINIA 20192

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Scope and Objective:

The U.S. Geological Survey (USGS) National Center Operations Branch has a requirement for the performance of construction services in accordance with the requirements set forth in this Technical Statement of Work, associated plan drawings. The construction involves alterations to 5B-227 located on the USGS campus.

Plan drawings will be provided at the site visit. Drawings or blueprints are the property of the United States Government.

Copying, dissemination, or distribution of these drawings, plans or specifications to unauthorized users is prohibited.

Properly destroy documents when no longer needed.

The Contractor shall provide all labor, materials, equipment and all other items necessary for the completion of the construction services as described below in this Technical Statement of Work and in accordance with all associated plan drawings. The Contractor shall field verify all measurements and materials needed.

Technical Construction Requirements:

Demolition

Conference room 5B-227- A plastic barrier (6 mil. or greater) to protect areas outside of the construction zone from dust and a sticky pad (replaced regularly) inside/outside of door to catch debris on work shoes, must be in place before any construction can commence.

Contractor must use extreme caution to protect existing property below, within or above the floor, walls and/or ceiling at all times.

The Contractor shall remove –

All fabric wall covering, carpet, base and chair rail.

Abandoned circuits back to nearest junction box or panel and patch holes.

Ceiling tile

Closet doors

Left side closet shelving (2 lower shelves)

White Board (reinstall after wall patch/paint completion)

Light switches (reinstall immediately after removal of cloth panel)

Duplex outlet along right side entrance wall at 40”.

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Construction

The Contractor shall construct/install –

2 sets of new solid core double doors predrilled at the factory, ready to accept hinges, handles, mortise locks and able to accept USGS cylinders.

Floor mounted door stop to match existing building standard (entrance door only).

Hang white board cabinet. (Existing location)

Paint –

Entire painted area 1 coat, new drywall/patches with 2 coats Russian White Flat, 1 prime coat

(Contractor to supply latex primer) on all sections of wall painted a pinkish rose color.

Doors and Frames with Russian White Semi-gloss, new doors/frames 2 coats.

Carpet/cove base –

Government supplied carpet and cove base. (Contractor supplies adhesive)

Ceiling – new ceiling tile (match hallway)

Electrical -

Reinstall light switches next to entrance door

Three (3) outlets along the two side walls. One along the wall next to the entrance. Spaced evenly between existing outlet and short corner wall. Two along the left side wall as you enter. Spaced evenly apart, between the existing outlet and the closet.

General information for all areas

If Contractor breaks or damages any existing systems, it is the Contractors responsibility to replace and match existing damaged item/s, with no additional cost to the government. The Contractor shall take the utmost care as to not cut or damage the LAN or Phone lines and any other system/s that may be within, above, behind or below the walls, ceilings or floors, where construction is occurring.

General Requirements:

Field Verification

The Contractor shall perform field verifications of measurements and counts of all items. The Contractor shall be responsible for field-verifying all dimensions prior to installation of any component of the installation.

Building Codes

The Contractor shall perform all work in accordance with the most recent National Electrical Code (NEC), National Fire

Protection Association, and Virginia Uniform State wide Building Code as applicable to commercial and institutional

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facilities.

Project Construction Schedule

Within (5) business days after the award date of the contract, the Contractor shall submit in writing to the Contracting Officer’s Representatives (COR) a schedule of construction for the entire project. The schedule shall indicate the exact dates the Contractor will be on site. The schedule shall indicate the dates major components of the work will be accomplished. When preparing the schedule, the Contractor shall consider lead times for utility outages and material/ equipment procurement, and shall consider the permitted hours of work indicated in Time of Work Performance clause. The Contractor shall notify the COR immediately if any anticipated on-site date is expected to change from the original schedule. The Contractor shall be responsible for determining the labor staffing levels needed to complete the project by the established delivery date. The contractor will schedule work as to not interfere with day to day operations.

The contractor shall be responsible for all labor necessary to complete the work during normal working hours.

Hours of Work

The Contractor shall perform the work during normal business hours. Normal business hours are Monday thru Friday, 6:00 am to 5:00 pm.

Contractor Staffing/Materials

The Contractor shall be responsible for determining the labor staffing levels (crew size, etc.) required to complete all phases of the project by the established completion dates as per submitted project schedule, taking into consideration the required completion date established by the Government and set forth in the contract.

The Contractor shall be the Prime Contractor in all cases. The Prime Contractor shall bear complete responsibility of the work of subcontractors, and shall supervise, direct, and control the work of Subcontractors at all times. The Prime

Contractor is responsible for ensuring all material is in place prior to the date of installation.

Progress Inspections

During Contractor performance of the contracted work, the COR will perform on-site progress inspections of the work.

These inspections will occur at any time during the course of the contract, at the discretion of the COR. Progress inspections will be performed by the COR to determine if the Contractor is making reasonable progress toward completing the work, in order to meet the scheduled delivery date as set forth by the contract and to ensure that the Contractor is performing the work in accordance with the technical requirements.

Utility System Outages

The Contractor shall be responsible for determining the need for an outage of any utility system in order to perform the required work. The Contractor shall contact the COR to request all systems needed to perform the required work. The

Contractor shall contact the COR to request all utility outages. If the COR is not available to arrange an outage, the

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Contractor shall contact the Facilities Service Desk at extension 7208 (703-648-7208 from off campus) to request the outage. After the contractor notifies the COR of the requested outage, it will take at least 72 hours to process the outage request and commence with the outage.

Inadvertent Building Evacuations

In the event that the Powell Federal Building Fire Alarm System annunciates during the course of this contract, the USGS

Facilities Operations & Maintenance Section will determine the cause of the evacuation. If it is determined that the fire alarm system enunciated due to triggering from a cause(s) in the area of the work site proper, the Contractor will be so notified by the COR. The Contractor shall be responsible for reimbursement of fees incurred by the government including, but not limited to, charges by Fairfax County Fire Department for false alarm, and all charges related to the costs of building evacuation and resetting of the alarm system.

Performance and Inspection of Electrical Work

All electrical systems work specified in this contract shall be performed by a licensed master electrician or by a journeyman electrician(s) supervised by a master electrician. The Contractor shall submit a copy of the master electrician’s license to the Government at the time of quote submittal. All electrical work shall be performed in accordance with the most recent issue of the National Electrical Code (NEC). The Contractor shall ensure that all work performed on load center panels and distribution panels meets NEC requirements, including but not limited to:

Panel left in clean condition upon completion of work.

All covers securely installed onto panel box.

All new circuits installed are clearly marked and identified on panel circuit index card. If the card does not exist, the Contractor will provide a new index card and install the card inside of the panel with new circuits indicated on the card.

Dust Protection and Worksite Cleanliness

During all demolition and new construction operations, the Contractor shall provide dust protection to contain and prevent demolition dust and drywall finishing dust from entering the adjacent corridors. Dust protection includes the construction of dust containment partitions and the thorough sealing of those containment partitions wherever necessary to contain dust within the worksite environment. Temporary dust containment partitions shall be constructed of wood or metal studs with thick plastic sheeting attached to form dust walls. The Contractor will vacuum areas where dust settles, especially where sheetrock compound has been sanded and dust has accumulated on the floor. This vacuuming shall be performed immediately after sanding. Accumulated piles of sheetrock compound dust must not remain on floors for extended periods of time. Dust protection also includes providing protection of existing carpet from dust and paint, the sealing of any doors, air return ducts, and ceiling plenums to contain dust within the worksite. Worksite cleanliness also includes periodic dusting of office furniture adjacent to the worksite(s) as deemed necessary by the COR. The COR will place requests to the

Contractor to perform such dustings of office furniture on a reasonable frequency. The Contractor will make every effort to prevent dust from settling on office furniture adjacent to the worksite(s). The Contractor shall clean all affected windows

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(top to bottom) within the job site. Since work will be performed during business hours, the Contractor shall ensure that the site is thoroughly cleaned and vacuumed on a regular basis periodically throughout each day while the work is in progress.

The surrounding area will be occupied during Normal hours each regular business day.

Government Furnished Materials

The Government will furnish the following materials and equipment:

Carpet

Cove Base

Duron Paint – Russian White

Storage of Tools and Materials

The Contractor may store materials and tools on the job site proper. There are no other areas in the building in which the

Contractor can store materials and tools. The Contractor is advised to secure materials, tools, gang boxes, etc. as effectively as possible during the period of work using Contractor-supplied locking devices. The Government is not responsible for any lost or stolen items that are left unattended on the property.

Transporting of Debris and Material

The contractor shall provide all equipment necessary for transporting debris from the job site and for stocking and transporting of materials (including Government furnished materials) to the job site. This includes Government furnished material from a storage site within the Powell Federal Building Premises, to the designated job site. The USGS will not provide equipment (such as flatbed carts, pallet jacks, & forklifts) for the contractor’s use.

Disposal of Debris

The contractor shall remove all construction debris and dispose of debris in the dumpsters designated for construction debris located outside of the building at Loading Dock “A”. The contractor shall recycle all materials possible.

Receipt of Material Deliveries

The Contractor shall receive deliveries of materials and equipment at Loading Dock “A”, Located at the rear of the National

Center. Loading Dock “A” is open from 7:00 am to 3:00 pm each regular work day for receipt of deliveries. The Contractor shall be responsible for personally receiving deliveries on site at the building, and shall reconcile bills of lading for deliveries of contractor-furnished materials for the contracted project. Government personnel, including USGS Loading Dock personnel, will not be responsible for reconciling bills of lading for contractor-furnished materials delivered to the building for a Contractor. The Contractor shall furnish a Contractor point-of-contact to vendors for receipt of material deliveries. The

Contractor shall not provide the names of Government personnel to vendors as the point-of-contact for deliveries. The

Contractor shall be responsible for scheduling and tracking the deliveries of all contractor- furnished materials for the project. The Contractor shall remove delivered materials from the Loading Dock “A” as expeditiously as possible. The security of materials left on the Loading Dock overnight cannot be guaranteed by the Government. The Contractor shall

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be responsible for transporting materials from Loading Dock “A” to the job site.

Parking Permits

The contractor shall obtain parking permits by requesting them from the COR. Parking permits are required on all vehicles that park at the USGS campus. The COR will provide direction as to which parking lots may be utilized by the

Contractor.

Wearing of Identification

All Contractor personnel will be required to provide a valid photo-identification when entering the J.W. Powell Federal

Building. Upon entry into the J.W. Powell building, all personnel will be scanned by magnetometer and all packages, bags, etc. will be x-rayed by a Linescan machine. Upon satisfactory scanning and acceptance of a photo-identification by the Guard Service, Contractor personnel will be issued a green/white self-stick Visitor Badge at the J.W. Powell Building that must be worn on exterior clothing and be visible at all times. Visitor badges must be turned in to the Guard Desk upon exiting the building, and a new Visitor Badge must be issued upon each re-entry. Contractor personnel may apply for a limited-access badge card if deemed necessary, and must pass Government-performed security background check and be fingerprinted prior to issuance of this type of badge.

Access to Main Building

During NORMAL business hours, Contractor personnel may enter the building through the Main Entrance, Visitor’s Center

/ Map Sales Entrance, or the Loading Dock “A” Entrance. Access to the Loading Dock may be arranged through the COR for the purpose of loading/unloading tools, equipment, and materials. Upon entry into the building, all personnel will be required to sign in at the appropriate Guard Station and to show photo identification to the Guard on duty.

Access to Main Building Loading Dock

Access to all Loading Dock/s can be gained only by use of the Service Road which passes under the 2nd floor level near the center of the building. Prior to passage through this underpass, all vehicles are inspected by the Guard Service. The Guard

Service will inspect the engine compartment, all trunks, load beds, trailers, and the underside of all vehicles. Contractors should anticipate delays caused by vehicle inspections. These measures are being taken as per requirement of the

Department of Homeland Security, Federal Protective Services.

Final Inspection

Upon notification by the Contractor to the COR that the work site (or project phase) is ready for final inspection, the COR will perform final inspection, and if necessary, will develop an itemized punch-list of minor deficiencies discovered during final inspection. The COR will schedule Contractor performance of correction for the correction of the punch-list items.

Upon completion of the contracted work, the Contractor shall notify the COR in writing. The COR will schedule an inspection of the work site, and will perform the inspection at the site to determine if all work performed by the Contractor

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meets the requirements of the contract. The Contractor may be present at the site during the final inspection by the COR.

The Government will determine the date of acceptance of the work after the final inspection has been performed.

USGS Building Standard Materials and Specifications

The Contractor shall use materials that are equal to these standards as listed below, except where noted in the Statement of Work:

Receptacles- 120-volt, 20 amp NEMAS 5-20R, duplex, white, with stainless steel cover plate.

Toggle Switches- 277-volt rated, white, with stainless steel cover plate (unless different voltage rating is specified).

Metal Studs- 3 5/8” width, galvanized

Sheetrock- 1/2” thick, gypsum board

Doors- Solid core wood door, 1 ¾” thick

Door frame- metal knock-down style, primed, throat width as needed to accommodate wall thickness

Door hinges- 4 ½ ” x 4 ½ “ steel, ball bearing type, US26D satin chrome brushed finish

Mortise Locks for USGS Standard Interior Doors

Manufacturer Series/Function Trim Finish Hand Strike Cylinder

Corbin Russwin ML2051 NSA 626 R-L Standard IC-6-C1/C2

ML2051- Series locks are entrance or office type mortise locks

NSA Trim- Newport trim for 1 ¾” doors, lever style handle

626 Finishes- Satin Chromium Plated

Hand- Left or Right Hand as required

Strike- Straight lip 4 7/8” x 1 ¼” 1 1/8” Lip

Cylinder*- Interchangeable Core 8000-6-1C / 59C1 or 59C2 Keyway

*Furnish mortise locks less cylinder and key core. Cylinder information is provided for informational purposes only. Mortise locks must be able to accept this model of cylinder.

*NOTE*:

Any changes affecting the scope of work, drawings or specifications shall be granted and approved by the Contracting Officer only. Furthermore, any and all changes shall be approved in writing from the Contracting Officer prior to any change.

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APPLICABLE CLAUSES

52.252-02: Clauses Incorporated By Reference

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

Clause Title Date

52.203-03 Gratuities April 1984

52.204-07 Central Contractor Registration April 2008

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards.

July 2010

52.211-12 Liquidated Damages--Construction September 2000

52.222-01 Notice to the Government of Labor Disputes February 1997

52.222-03 Convict Labor June 2003

52.222-06 Davis-Bacon Act July 2005

52.222-07 Withholding of Funds February 1988

52.222-08 Payrolls and Basic Records June 2010

52.222-09 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements February 1988

52.222-11 Subcontracts (Labor Standards) July 2005

52.222-12 Contract Termination-Debarment February 1988

52.222-13

Compliance with Davis-Bacon and Related Act

Regulations

February 1988

52.222-14 Disputes Concerning Labor Standards February 1988

52.222-15 Certification of Eligibility February 1988

52.222-21 Prohibition of Segregated Facilities February 1999

52.222-26 Equal Opportunity March 2007

52.222-27 Affirmative Action Compliance Requirements for

Construction

February 1999

52.225-09 Buy American Act - Construction Materials February 2009

52.225-10 Notice of Buy American Act Requirement -

Construction Materials

February 2009

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans

September 2006

52.222-36 Affirmative Action For Workers with Disabilities June 1998

52.223-03 Hazardous Material Identification and Material Safety

Data

January 1997

52.228-12 Prospective Subcontractor Requests for Bonds October 1995 http://www.doi.gov/pam/aindex.html

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52.232-05 Payments under Fixed-Price Construction Contracts September 2002

52.232-27 Prompt Payment for Construction Contracts October 2008

52.232-33 Payment by Electronic Funds Transfer-CCR October 2003

52.233-01 Disputes July 2002

52.233-03 Protest after Award August 1996

52.236-02 Differing Site Conditions April 1984

52.236-03 Site Investigation and Conditions Affecting the Work April 1984

52.236-05 Material and Workmanship April 1984

52.236-07 Permits and Responsibilities November 1991

52.236-08 Other Contracts April 1984

52.236-10 Operations and Storage Areas April 1984

52.236-12 Cleaning Up April 1984

52.236-14 Availability and Use of Utility Services April 1984

52.236-21 Specifications and Drawings for Construction February 1997

52.243-05 Changes and Changed Conditions April 1984

52.246-01 Contractor Inspection Requirements April 1984

52.246-21 Warranty of Construction March 1994

52.247-34 F.O.B. Destination November 1991

52.249-02 Alt I Termination for Convenience of the Government

(Fixed-Price) (May 2004) - Alternate I

September 1996

52.249-10 Default (Fixed-Price Construction) April 1984

52.900S-1167 Drilling-Contractor Responsibility October 1997

52.000S-5026 Invoice Requirements May 2005

(End of Clauses Incorporated by Reference)

52.204-09 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

SEPTEMBER 2007

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget

(OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within 1 business 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 45days from date of award. The time stated for completion shall include final cleanup of the premises.

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(End of Clause)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE APR 1984

(a) Definition. 'Small business concern,' as used in this clause, 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 size standards in this solicitation.

(b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A manufacturer or regular dealer submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns inside the United

States, its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific

Islands, or the District of Columbia. However, this requirement does not apply in connection with construction or service contracts.

52.223-1 BIOBASED PRODUCT CERTIFICATION (DEC 2007)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7

U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER (DEC 2007)

SERVICE AND CONSTRUCTION CONTRACTS

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are

United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

http://uscode.house.gov/ http://uscode.house.gov/ http://www.usda.gov/biopreferred

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52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the

Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material

Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard

No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of

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Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of provision)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

(a) Definitions. As used in this clause—

“Priority chemical” means a chemical identified by the Interagency Environmental Leadership Workgroup or, alternatively, by an agency pursuant to Section 503 of Executive Order 13148 of April 21, 2000, Greening the

Government through Leadership in Environmental Management.

“Toxic chemical” means a chemical or chemical category listed in 40 CFR 372.65.

(b) Executive Order 13148 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention

Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical, priority chemical, and hazardous substance release and use reduction goals of

Sections 502 and 503 of Executive Order 13148.

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT (MAY 2008)

FOR EPA-DESIGNATED ITEMS

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content;

and

(2) Submit this estimate to the Technical Liaison.

52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)

“Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

“Waste prevention” means any change in the design, manufacturing, purchase, or use of materials or products

(including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

“Waste reduction” means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of Section 701 of Executive Order 13101, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The

Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including

Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR Part 247).

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN (MAY 2008)

SERVICE AND CONSTRUCTION CONTRACTS

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm

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52.236-6 Superintendence by the Contractor Apr 1984

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Apr 1984

Utilities, and Improvements

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the

Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities

(1) at or near the work site, and

(2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor.

The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

52.236-11 Use and Possession Prior to Completion Apr 1984

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government’s possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government’s possession or use, notwithstanding the terms of the clause in this contract entitled “Permits and Responsibilities.” If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

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52.236-13 Accident Prevention Nov 1991

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the

Contractor shall --

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall --

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

52.236-15 Schedules for Construction Contracts Apr 1984

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If

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the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

52.236-19 Organization and Direction of the Work Apr 1984

(a) When this contract is executed, the Contractor shall submit to the Contracting Officer a chart showing the general executive and administrative organization, the personnel to be employed in connection with the work under this contract, and their respective duties. The Contractor shall keep the data furnished current by supplementing it as additional information becomes available.

(b) Work performance under this contract shall be under the full-time resident direction of

(1) the Contractor, if the Contractor is an individual;

(2) one or more principal partners, if the Contractor is a partnership; or

(3) one or more senior officers, if Contractor is a corporation, association, or similar legal entity.

However, if the Contracting Officer approves, the Contractor may be represented in the direction of the work by a specific person or persons holding positions other than those identified in this paragraph.

52.236-27 Site Visit (Construction) Feb 1995

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.