HSFE08-16-Q-0001.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

HSFE08-16-Q-0001

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/24/2016

PAGE OF PAGES

1 45

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

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

DR-4237-OST

7. ISSUED BY CODE FEMA 8. ADDRESS OFFER TO

daisy.joseph@fema.dhs.gov FEDERAL EMERGENCYMANAGEMENT AGENCY

500 C STREET SW

WASHINGTON DC

9. FOR

INFORMATION

CALL:

a. NAME

Daisy Joseph

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

225-421-6353

SOLICITATION

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

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

Project Title: Residential Housing Mission DR-4237-Oglala Sioux T r i b e (OST)

Description of Work: The contractor shall provide all supervision, materials, labor, permits, licenses, and equipment necessary to repair approximately 58 stick built (wood frame) homes on the Pine Ridge Reservation. Repairs to each property will vary in scope and size; however, it is the Government’s intension to make homes safe and habitable based on damages from the 2015 storms and flooding.

Place of Performance: Pine Ridge, South Dakota

Period of Performance is six (6) months from Notice to Proceed.

The Magnitude of this construction project ranges between $1,000,000.00 and $5,000,000.00.

The Government anticipates awarding Blanket Purchase Agreements (PBA) to at least two (2)responsive / responsible construction contractors.

Questions regarding this requirement are due not later than 2:00 (MST) on 29 March 2016.

Submit questions and quotes to Daisy.Joseph@fema.dhs.gov.

It is recommended that you read this document in its entirety; however, Sections L & M provide instructions to submit proposals.

11. The Contractor shall begin performance 2 calendar days and complete it within 180 calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (See .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

YES

x NO 12b. CALENDAR DAYS

a. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 1400

(hour) local time

04/11/2016

(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 .

b. An offer guarantee is, x is not required.

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.

d. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

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

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.)

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

(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:

Continued...

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

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

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

DR-4237-OST Contracting Officer

REGION 08

145 N CHICAGO

HOT SPRINGS SD 57747

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 0 copies to issuing office.)

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,

29. AWARD

(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)

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

HSFE08-16-Q-0001

PAGE OF

3 45

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

This requirement is solicited under FAR Subpart

26.2 Disaster or Emergency Assistance Activities, which provides preference for local firms. The area covered in the anticipated contract is: South Dakota, North Dakota, Nebraska, and Colorado.

The Government reserves the right to compete Calls/Orders or issue Calls/Orders to responsible/responsive BPA Holders.

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION A ‐ Solicitation/Contract Form

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

52.211‐12 Liquidated Damages ‐ Construction. (SEP 2000)

52.236‐2 Differing Site Conditions. (APR 1984)

52.211‐13 Time Extensions. SEP 2000

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

52.236‐4 Physical Data. (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)

SECTION B ‐ Supplies or Services/Prices

SECTION C ‐ Description/Specifications

SECTION D ‐ Packaging and Marking

SECTION E ‐ Inspection and Acceptance

52.246‐12 Inspection of Construction. (APR 1996)

SECTION F ‐ Deliveries or Performance

52.242‐17 Government Delay of Work. (APR 1984)

SECTION G ‐ Contract Administration Data

SECTION H ‐ Special Contract Requirements

SECTION I ‐ Contract Clauses

52.202‐1 Definitions. (NOV 2013)

52.203‐3 Gratuities. (APR 1984)

52.203‐5 Covenant Against Contingent Fees. (MAY 2014)

52.203‐6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203‐7 Anti‐Kickback Procedures. (MAY 2014)

52.203‐8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203‐10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010

52.203‐13 Contractor Code of Business Ethics and Conduct. (OCT 2015)

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

52.209‐6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment. (OCT 2015)

52.209‐9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013)

52.211‐18 – Variation in Estimated Quantities. (Apr 1984)

52.215‐2 Audit and Records ‐ Negotiation. (OCT 2010)

52.215‐8 Order of Precedence ‐ Uniform Contract Format. (OCT 1997)

52.216‐18 Ordering. (OCT 1995)

52.216‐19 Order Limitations. (OCT 1995)

52.217‐8 Option to Extend Services. (NOV 1999)

52.219‐8 Utilization of Small Business Concerns. (OCT 2014)

52.219‐14 Limitations on Subcontracting. (NOV 2011)

52.222‐3 Convict Labor. (JUN 2003)

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

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

52.222‐7 Withholding of Funds. (MAY 2014)

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

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)

52.222‐13 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)

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

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

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

52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) ... 16

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

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

52.223‐9 Estimate of Percentage of Recovered Material Content for EPA‐Designated Items. (MAY 2008)

52.223‐12 Refrigeration Equipment and Air Conditioners. (MAY 1995)

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

52.223‐16 Acquisition of EPEAT(R)‐Registered Personal Computer Products. (OCT 2015)

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

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

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

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

52.226‐4 Notice of Disaster or Emergency Area Set‐Aside. (NOV 2007)

52.228‐11 Pledges of Assets. (JAN 2012)

52.228‐14 Irrevocable Letter of Credit. (NOV 2014)

52.229‐3 Federal, State, and Local Taxes. (FEB 2013)

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

52.232‐16 Progress Payments. (APR 2012)

52.232‐17 Interest. (MAY 2014)

52.232‐23 Assignment of Claims. (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)

52.233‐1 Disputes. (MAY 2014)

52.233‐3 Protest After Award AUG 1996

52.233‐4 Applicable Law For Breach of Contract Claim OCT 2004

52.236‐8 Other Contracts. (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)

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

52.236‐16 Quantity Surveys (Apr 1984)

52.236‐17 Layout of Work. (APR 1984)

52.236‐26 Preconstruction Conference. (FEB 1995)

52.242‐13 Bankruptcy. (JUL 1995)

52.242‐14 Suspension of Work. (APR 1984)

52.243‐4 Changes. (JUN 2007)

52.244‐5 Competition in Subcontracting. (DEC 1996)

52.244‐6 Subcontract For Commercial Items APR 2015

52.245‐9 Use and Charges (APR 2012)

52.246‐21 Warranty of Construction. (MAR 1994)

52.248‐3 Value Engineering—Construction OCT 2010

52.249‐2 Termination for Convenience of the Government (Fixed‐Price). (APR 2012) ‐ Alternate I (SEP 1996)

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

52.252‐2 Clauses Incorporated by Reference. (FEB 1998)

52.253‐1 Computer Generated Forms. (JAN 1991)

3052.209‐70 Prohibition on contracts with corporate expatriates. (JUN 2006)

3052.223‐70 Removal or disposal of hazardous substances‐‐applicable licenses and permits. (JUN 2006)

3052.242‐72 Contracting officer's technical representative. (DEC 2003)

52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

HSAR 3052.228‐70 Insurance (DEC 2003)

52.203‐14 Display of Hotline Poster(s) (OCT 2015)

52.219‐28 Post‐Award Small Business Program ReRepresentation (JUL 2013)

52.222‐35 Equal Opportunity For Veterans (OCT 2015)

52.223‐3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate 1 (JUL 1995)

SECTION J ‐ List of Documents, Exhibits and Other Attachments

SECTION K ‐ Representations, Certifications, and Other Statements of Bidders

52.204‐8 Annual Representations and Certifications. (FEB 2016)

52.219‐1 Small Business Program Representations. (OCT 2014)

52.222‐38 Compliance with Veterans' Employment Reporting Requirements. (FEB 2016)

52.223‐1 Biobased Product Certification. (MAY 2012)

52.223‐4 Recovered Material Certification. (MAY 2008)

52.225‐20 Prohibition on Conducting Restricted Business Operations in Sudan‐‐Certification. (AUG 2009)

52.226‐3 Disaster or Emergency Area Representation. (NOV 2007)

52.236‐28 Preparation of Proposals ‐ Construction. (OCT 1997)

SECTION L ‐ Instructions, Conditions, and Notices to Bidders

52.204‐6 DATA UNIVERSAL NUMBERING SYSTEM JUL 2013 NUMBER

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2015 REPORTING

52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE JAN 2004 ACQUISITION

52.222‐5 CONSTRUCTION WAGE RATE REQUIREMENTS‐‐ MAY 2014 SECONDARY SITE OF THE WORK

52.225‐10 NOTICE OF BUY AMERICAN MAY 2014 REQUIREMENT‐‐CONSTRUCTION MATERIALS

52.232‐13 NOTICE OF PROGRESS PAYMENTS APR 1984

52.216‐1 Type of Contract. (APR 1984)

52.233‐2 Service of Protest. (SEP 2006)

52.236‐27 Site Visit (Construction). (FEB 1995)

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

INSTRUCTIONS TO OFFERORS:

SUBMITTALS:

SECTION M – Evaluation Factors for Award

EVALUATION:

SECTION A - Solicitation/Contract Form

Clauses

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

The Contractor shall be required to (a) commence work under this contract within one (1) 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 180 calendar days from the Notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.236-2 Differing Site Conditions. (APR 1984)

52.211-13 Time Extensions. SEP 2000

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

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Site inspection should have been performed based on safe and habitable dwelling.

(b) Weather conditions South Dakota weather conditions..

(c) Transportation facilities Contractors should be aware of remoteness of the Pine Ridge Reservation..

(d) It is anticipated that work will be performed in the following locations:

Allen (4)

Batesland (1) Eagle Nest (2) Kyle (23) Manderson (2) Martin (1) Oglala (6) Pine Ridge (12) Porcupine (6)

Wounded Knee (1)

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)

SECTION B - Supplies or Services/Prices

No Clauses (See Attachment A Pricing Schedule)

SECTION C - Description/Specifications

No Clauses

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

SECTION F - Deliveries or Performance

52.242-17 Government Delay of Work. (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed -

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015)

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

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013)

52.211-18 – Variation in Estimated Quantities. (Apr 1984)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

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

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through end of contract period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 2 calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.219-8 Utilization of Small Business Concerns. (OCT 2014)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

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

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

52.222-7 Withholding of Funds. (MAY 2014)

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

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)

52.222-13 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)

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

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

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

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

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

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

(a) Definitions. As used in this clause-

"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 Contracting Officer or the Contracting Officer's Representative (if applicable).

52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995)

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

52.223-16 Acquisition of EPEAT(R)-Registered Personal Computer Products. (OCT 2015)

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)

52.225-9 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

Item 2:

Foreign construction

Domestic construction

* 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.

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

52.226-4 Notice of Disaster or Emergency Area Set-Aside. (NOV 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in the States of: South Dakota, North Dakota, Nebraska, and Colorado, Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

52.228-11 Pledges of Assets. (JAN 2012)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

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

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

52.232-16 Progress Payments. (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subscontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for -

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph

(b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title. (1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk.

The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights. (1) No payment or vesting of title under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to-

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments-

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments -

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the…