Sol_G17PS00720.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)

0040333930

USGS OAG DENVER ACQUISITION BRANCH

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

GDB

ddowney@usgs.gov

Donald Downey 303-236-9331

1x 07/07/2017

G17PS00720

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

Work Statement

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.)

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

07/20/2017

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 Team B

PO Box 25046 204 Denver Federal Center

GD2

Denver CO 80225-0046

Donald Downey

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 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

G17PS00720

VENDOR DUNS NUMBER: __________________

VENDOR POC EMAIL: ____________________

Delivery: 08/31/2018

Delivery Location Code: 0006437195

USGS

3075 Gracie Road

Cortland NY 13045-9457 US

FOB: Destination

Period of Performance: 09/01/2017 to 08/31/2018

00010 Pole barn construction in accordance with the

Work Statement.

BASIC POLE BARN CONSTRUCTION $_____________

OPTIONAL FEATURES ADDED PRICES WHEN ORDERED WITH

BASIC POLE BARN CONSTRUCTION:

OPTION 1: All overhead doors and man door to be insulated. Overhead doors to be equal to Overhead

Door Model 422. ADD $________

OPTION 2: Interior ceiling to be finished with steel siding with access panel. ADD $_________

OPTION 3: All overhead Doors shall include commercial door operators equal to Overhead Door

RMX Operators. Each operator shall have 2 remote radios included with different frequencies. ADD

USGS POC

CONTRACT: Don Downey, ddowney@usgs.gov

303-236-9331.

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

Sponsored by GSA

FAR (48 CFR) 53.110

G17PS00720

Table of Contents

Statement of Work 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (FEB 2015) 52.204-20 Predecessor of Offeror. (APR 2016) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 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) 52.252-6 Authorized Deviations in Clauses. (APR 1984) 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) Green Acquisition (MAR 2016) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Deobligation of Unexpended Funds 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation. (FEB 2015) 52.204-8 Annual Representations and Certifications. (APR 2016) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) Addendum to 52.236-27 Site Visit – Preliminary Notice of Vendor Intent to Attend Required 52.252-5 Authorized Deviations in Provisions. (APR 1984) Basis of Award Quote Package Requirements Lowest Price Technically Acceptable Pass/Fail Criteria and Evaluation Plan Quotation Preparation

Question Cutoff Quotation Submission Subject to Availability of Funds: ADDENDUM TO PROVISION 52.215-1

Statement of Work

TLAS Pole Barn

I. Project Identification

A. Title: Pole Barn B. Location: United States Geological Survey (USGS)

Tunison Laboratory of Aquatic Science 3075 Gracie Road Cortland, New York 13045

II. Background:

Tunison Laboratory of Aquatic Science (TLAS) has a requirement to build a pole barn for storage reasons. Boats and other equipment are currently being stored outside, thus shorting there service life.

III. Scope of Construction Services:

This procurement is subject to available funding.

The procurement will be for pole type construction of a storage building.

Site work o Shall include site work for building, drainage, and concrete surfaces.

o Shall include proper subbase for concrete surfaces.

o Shall be clean fill for proper grade and slope infills.

o Topsoil shall be placed over all disturbed earth from construction.

o Sediment blanket shall be installed prior to site work and throughout construction along north end of the building to prevent sediment from entering the stream.

o Shall return all disturbed soil to turf grass lawn. Seeding of turf grass shall be completed during the local growth season and must maintain growth for period of 1 year from the date of installation.

o The contractor is responsible for verifying dimensions prior to submitting a bid and for site preparations. Contractor is responsible for locating underground utilities.

Concrete o Shall include 4 inch thick concrete floor in pole building, 4000psi, welded wire reinforced, 6mil poly vapor barrier, trowel finish, saw cut, and sealed.

o Shall include concrete curb and sidewalk along end of building adjacent to the driveway.

See attached reference drawing 1-A. 4000psi, welded wire reinforced, broom finished, saw cut, and sealed.

o Concrete apron shall be installed along overhead door side to transition to existing asphalt surface. See attached reference drawing 1-A. 4000psi, welded wire reinforced, broom finished, saw cut, and sealed.

o Shall include 6 inch metal bollards to be installed outside of overhead doors for a total of

10. Bollards shall be painted safety yellow.

Pole Building o Nominal dimensions of building shall be 40ft x 80ft with 16ft sidewalls.

o Shall have steel siding and roof.

Sidewalls shall have a 3’ wainscot siding section along bottom.

At least a 29 gage steel to be provided with a 30 + year warranty on panels for chalking or fading.

o At least 12” overhangs on all sides.

o Vented ridge cap shall be included o Condensation barrier to be applied to underside of roofing.

o Commercial 6 inch gutters shall be included on one 80’ side above overhead doors.

o Snow slides shall be included above overhead doors. Snow slides shall meet local snow load and surface area requirements of roof.

o Building shall meet all local and state building requirements. Contractor to verify building meets wind and snow load requirements for local area.

Doors o Shall include 5-12’x14’ Commercial steel overhead doors Doors shall be equal to Overhead Door Sectional Steel Door Model 420 Doors shall al have 1 section panel to include windows.

Overhead doors to be installed along 80ft wall facing existing lab building.

o Shall include one commercial steel 3’x7’man door.

Door to have commercial ADA style tamper proof lockset.

Shall have closer with hold open.

Install on gable end facing existing maintenance building.

Electric service o Shall be included for lights, receptacles, and overhead door operators.

o 4 - LED exterior wall packs shall be included above overhead doors 1, 3, 5, and man door. Wall packs shall be equal to a Lithonia DSXW1LED- 20C-74W.

o 10 – LED fixtures shall be installed for overhead lighting. Overhead lights shall be equal to Lithonia DSXSC LED- 20C-74W o 1 LED Exit sign shall be equal to Lithonia LHQM LED R M6.

o Electrical receptacles shall be installed every 8 ft. along perimeter of building and one for each overhead door opener at ceiling.

o Contractor to verify existing power supply location within generator room of existing maintenance garage and determine proper location for underground electrical service to new pole building.

o New breaker panel and service panel to be located in pole barn adjacent to man door.

See attached drawing for general location of new building on site plan.

Reference Drawing 1-A

OPTION 1: All overhead doors and man door to be insulated. Overhead doors to be equal to Overhead Door Model 422. ADD

OPTION 2: Interior ceiling to be finished with steel siding with access panel. ADD

OPTION 3: All overhead Doors shall include commercial door operators equal to Overhead Door RMX Operators. Each operator shall have 2 remote radios included with different frequencies. ADD

IV. General Requirements

Offer Package:

The offeror shall include their proposed Safety Plan with their offer

The offeror shall submit the following material specifications and drawings as part of the offer package.

o 1) Framing materials & roof truss’s o 2) Roofing (metal) o 3) Sheathing- siding (metal) o 4) Concrete o 5) Electric

Warranty:

The contractor shall provide manufacturer’s warranty for all materials. This warranty period shall start from the date of Substantial Completion.

Safety Requirements:

An initial walk through safety inspection shall be performed at the time of the preconstruction meeting and prior to work beginning.

The contractor and the on-Site personnel may stop work for any Safety or Environmental violation.

The contractor shall provide all protective equipment, training, and required use of the protective safety equipment to meet or exceed OSHA (Occupational Safety and Health Administration) requirements for this contract.

Contractor shall furnish a MSDS (Manufacturer’s Safety Data Sheet) for all materials and components that will be brought onto or used on site to the COR (Contracting Officer’s Representative) or on site representative. These will be provided prior to bringing any of these materials on site.

Contractor shall conduct all spill response and shall provide required spill remediation for their work on the project.

Contractor shall take all necessary cautions and measures at all times to prevent injuries to anyone working in or entering the facilities.

Contractor shall take all necessary measures and precautions to control, protect, and avoid damage to or loss of any property on the work site.

Contractor operations shall be conducted at all times in a safe, careful, professional, and business-like manner.

Detailed reports of all accidents/incidents shall be reported in writing no later than the next business day after the occurrence to the Program Manager. Contractor shall provide OSHA Form 300 A Summary of Work-Related Injuries and Illnesses pertaining to their work to the COR or on site representative.

Commencement, Prosecution, and Completion of Work:

Normal workday shall be 7:00am-5:00pm, Monday –Friday. The contractor shall not work

Saturdays, Sundays, legal holidays, or non-normal working hours, unless otherwise authorized by the COR. Request to work times other than normal hours shall be made in writing.

Overtime, afterhours, and weekends: The price for this contract is firm-fixed price. Any overtime work performed after hours and during weekends shall be done at no additional cost to the government.

Contractor personnel: The contractor shall employ sufficient personnel and provide equipment and supplies required to accomplish the work for any option contracted within 120 calendar days after date of award.

The contractor shall have a superintendent at the job site whenever work is being done. Changes to the superintendent shall be communicated in writing to the USGS Facility Manager two working days before the change is made, Progress Schedule: The Contractor shall submit a project schedule to the Contracting Officer’s Representative (COR) for approval within five days after date of award. The progress schedule shall be a chart, which graphically depicts the proposed sequence to accomplish each work feature or operation. It shall show start dates and completion dates for each event on a horizontal time scale. The progress schedule time scale shall begin with date of award and indicate the number of days to completion. The schedule will be the reference to which the contractor’s progress is measured.

Meetings:

Pre-Construction - The Contractor shall have the project manager and the field superintendent available on site for a pre-construction meeting prior to the commencement of work for this project. The COR will conduct a pre-construction meeting to review the requirements and conditions of this contract.

Interim Progress Meetings - Progress meetings may be held between the Contractors, the facility manager, COR or designee, and other USGS personnel to discuss progress and provide clarifications to questions raised by all parties regarding the construction of the project.

Punch Card Meeting – The contractor shall arrange a meeting with the COR at least 10 work days before the Final Close-out Meetings to concur on a punch card checklist of required actions that the contractor shall perform for acceptance. The contractor shall complete 100% of the punch card and the above requirements for acceptance.

Final Close- Out Meeting – When 100% of the above work requirements and the punch card work is completed, the contractor shall arrange a Final Close-out meeting between the Contractor, the facility manager, COR or Contracting Officer’s designee, and other USGS personnel shall be conducted before the final acceptance of the project.

List of Subcontractors: For purposes of monitoring compliance with the insurance and payroll reporting requirements of this contract, the contractor shall furnish a list of all subcontractors to the Contracting Officer (CO). The subcontractor list shall be provided to the COR and the Contracting Officer within 5 days after the date of award.

Notice to Proceed: The CO or COR will give the contractor the Notice to Proceed when all required documentation which is required prior to work has been accepted by the CO.

Transporting of Debris and Material: All demolished materials and construction debris shall be removed from the work area or placed in an approved dumpster and removed from the site daily.

Disposal of debris: All materials and equipment designated for demolition and/or cutting as shown in this Statement of Work (SOW) shall be shall be demolished, removed from the work area and placed in an approved dumpster or removed from the site daily by the contractor.

Organization at the site: The TLAS facility engineer shall designate areas where the contractor can store or place materials and equipment for short-term storage in preparation for installation. There is limited space on site for the storage of contractor equipment and materials due to the ongoing research program at TLAS. There is no inside storage space available. Storage and security of materials and equipment as required for the performance of the contract requirements is the responsibility of the contractor. The contractor shall be responsible for making all arrangements for the receipt of materials and supplies at the job site. Government personnel are not permitted to receive or sign for items delivered to the site. Upon completion of the contract, the contractor shall remove all equipment and excess materials, and shall restore the site to its original condition, as approved by the COR, at no additional cost to the government.

Site Cleanliness: The contractor shall provide cleanliness of the work site by promptly removing debris, tools, and excess material, from work site at the end of each day.

Contractor Area(s): The contractor will be provided an area or areas for storage and /or an office trailer.

The area shall be designated at the time of the pre-bid site visit by the building engineer. The contractor shall be responsible for the cleanliness of these areas and their temporary facilities.

Contractor parking and Security: The contractor shall require the daily sign-in of all contractor and subcontractor employees (date, name, arrival time, departure time). The TLAS shall designate a parking area (or areas) for the contractor to park vehicles.

Environmental Protection: The contractor shall perform all work and activities in accordance with local, state, and federal environmental regulations.

Outages and Interruptions: The contractor is advised that the TLAS is continuing its research functions during the construction contract. All outages and interruptions (utilities including water, electricity, heating, cooling, natural gas, etc.) required for the performance of the contract work shall be approved in advance by the TLAS Facility Engineer. The contractor is to request an outage not less than one week (7 days) in advance providing a list with the start time/date, extent and duration of impacted utilities for consideration by the TLAS. The facility engineer will either approve the specific outage or provide alternate dates for the interruption in support of Center research program requirements.

Notice to the Government of Delays: In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details. This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or any rights or remedies provided by law or under this contract.

Coordination of work: All work shall be coordinated with the COR or the Facility Manager.

Smoking: There shall be no smoking in the TLAS building at any time. All personnel that smoke will have to do so outside the building in the designated smoking areas.

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

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

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

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

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. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

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

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

52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

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)

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

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

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-14 Suspension of Work. (APR 1984)

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

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

52.245-1 Government Property. (APR 2012)

52.245-9 Use and Charges (APR 2012)

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)

52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (FEB 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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

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

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

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

52.204-20 Predecessor of Offeror. (APR 2016)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: [(or mark "Unknown")].

Predecessor legal name: [(Do not use a "doing business as" name)].

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

The Contractor shall be required to (a) commence work under this contract within five 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 50 days after the date 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).

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

(SEP 2013)

(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 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for 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.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

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 Measure Quantity Price

(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:

Payment bond or 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. A tripartite escrow agreement is not acceptable.

52.252-6 Authorized Deviations in Clauses. (APR 1984)

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

(b) The use in this solicitation or contract of any 48 CFR, Chapter 14, Department of the Interior Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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*

$1,000,000.00 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…