L15PS00577_NIFC_300-JW_Heating_Gasket_ _Fire_Alarm_Replacement_SOLICITATION.pdf

SOLICITATION NO: L15PS00577

PROJECT DESCRIPTION: NIFC 300-JW Heating Gasket & Fire Alarm Replacement /

0040212514

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract County: Ada County, Idaho Type of Construction: Building

Magnitude: $250,000 – $500,000 NAICS: 238290 SIZE STD: $15.0 M SET-ASIDE: Small

Business

Bureau of Land Management Technical Representative Contracting Officer (CO)

Name: Jeane Steed

Email: jsteed@blm.gov

John Kelley (Contract Specialist /

PRIMARY CONTACT

jakelley@blm.gov / 303-236-2626

Site Visit: Yes See Section L, Clause 52.236-27, Site Visit (Also Section I, Clauses 52.236-02, Differing Site Conditions and 52.236-03, Site Investigation and Conditions Affecting the Work, will be included in the resultant award)

Questions Due: 20 July 2015 2:00 pm Local Mountain Time All questions must be submitted in writing. No questions will be accepted via phone calls.

In accordance with this Solicitation Part IV – Representation and Instructions See Section L, Clause 52.236-27, paragraph(c)

Proposal Submittal Information: 31 July 2015; 2:00 pm Local Mountain Time In accordance with this Solicitation Part IV – Representation and Instructions See Section L, Instructions, Conditions and Notices to Offerors, and Section M, Evaluation Factors for Award.

Due Date and Time is noted in Block 13 of the Standard Form 1442

Award Selection Process:

Lowest Price, Technically Acceptable

Table of Contents

SECTION B – PRICE SCHEDULE – SUPPLEMENT TO SF 1442

SECTION C: SPECIFICATIONS/DRAWINGS

SECTION D: PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

SECTION G: CONTRACT ADMINISTRATION DATA

SECTION H: SPECIAL CONTRACT REQUIRMENTS

SECTION I: CONTRACT CLAUSES

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M: EVALUATION FACTORS FOR AWARD

SECTION B – PRICE SCHEDULE – SUPPLEMENT TO SF 1442

NIFC 300‐Jack Wilson Heating Gasket and Fire Alarm Replacement

BID SCHEDULE

Item No. Description Quantity Unit Unit Cost Total Cost

SCHEDULE A

1 Mobilization & Construction Management 1 LS

2 Selective Demolition 1 LS

3 Hydronic Gasket Replacement 1 LS

4 Fire Alarm System Replacement 1 LS

TOTAL SCHEDULE A

SCHEDULE B

5 Circulation Pumps 1 LS

TOTAL SCHEDULE B

TOTAL SCHEDULE A + B

Period of Performance: 75 Calendar days

Also Reference Section J (Soft Copy attached)

(END OF SECTION)

SECTION C: SPECIFICATIONS/DRAWINGS

See Section J for additional attachments to include project specifications and drawings.

SECTION D: PACKAGING AND MARKING

Packaging and marking of deliverables shall be IAW the Contractor’s standard commercial practices.

SECTION E: INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements August 1996

52.246-21 Warranty of Construction March 1994

DIAR 1452.201-70 Authorities and Delegations September 2011

FINAL INSPECTION AND ACCEPTANCE

Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be accomplished before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection.

Acceptance of the work will occur only upon written notice of acceptance by the Contracting Officer or any other warranted Contracting Officer at the National Operations Center (NOC), Bureau of Land Management (BLM) performing authorized duties in conjunction with this contract. The contracts required completion date is 75 calendar days after receipt of the notice to proceed.

SECTION F: DELIVERIES OR PERFORMANCE

52.211-13 Time Extensions September 2000

52.242-14 Suspension of Work April 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK April 1984 ALTERNATE 1 April 1984

The Contractor shall be required to

(a) commence work under this contract within 7 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 75 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Alternate 1 April 1984 The completion date is based on the assumption that the successful Offeror will receive the notice to proceed by June 3, 2015 and that the Offeror will provide the necessary bonds and/or insurance within 5 days of the notice to proceed.. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION September 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 $600.35 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.

SECTION G: CONTRACT ADMINISTRATION DATA

DIAPR 2010-14 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM July 2010

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive a n automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.gov. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

DIAPR 2011-04 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP) April 2013 Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a pro per invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Format and Content: Use the Project Manual table of contents as a guide to establish line items for the schedule of values. Provide at least one line item for each Specification Section.

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

9. A Release of Claims (See 1452.204-70) with a request for final payment.

A Progress Report (may be included in Progress Meeting Notes) shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, Describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s);

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify the percentage completed during the month and the cumulative percentage completed;

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each; submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G-1 GOVERNMENT POINTS OF CONTACT

Contracting Office Bureau of Land Management, BC-664 Building 50, Denver Federal Center P.O. Box 25047 Denver, CO 80225-0047

G-2 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

SECTION H: SPECIAL CONTRACT REQUIRMENTS

H-1 WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:30am and 5:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

H-2 COMMUNICATIONS

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Pacific time.

H-3 FIRE DANGER SEASON

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

H-4 DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.

H-5 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of contract modification, or change order by the Contracting Officer. The funded amount is stated as the “Total.”

H-6 SAFETY AND QUALITY CONTROL PLAN

Following contract award, the contractor must provide effective quality assurance and safety plans for acceptance by the Government.

H-7 FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

52.202-1 Definitions November 2013

52.203-3 Gratuities April 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures May 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions October 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

April 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-9 Personal Verification Contractor Personnel January 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards July 2013

52.204-13 System for Award Management Maintenance July 2013

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

August 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters July 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations December 2014

52.215-2 Audit and Records – Negotiation October 2010

52.215-8 Order of Precedence- Uniform Contract Format October 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications Alternate III

October 2010

52.219-6 Notice of Total Small Business Set Aside November 2011 52.219-8 Utilization of Small Business Concerns October 2014 52.219-14 Limitations on Subcontracting November 2011 52.219-28 Post-Award Small Business Program Representation July 2013 52.222-1 Notice To The Government Of Labor Disputes February 1997

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation May 2014

52.222-6 Construction Wage 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 July 2005 52.222-10 Compliance with Copeland Act Requirements February 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 Act Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-21 Prohibition of Segregated Facilities April 2015 52.222-26 Equal Opportunity April 2015

52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-34 Project Labor Agreement May 2010 52.222-35 Equal Opportunity for Veterans July 2014

52.222-36 Equal Opportunity for Workers with Disabilities July 2014 52.222-37 Employment Reports Veterans July 2014

52.222-40 Notification of Employee Rights Under the National Labor Relations Act December 2010

52.222-50 Combating Trafficking in Persons March 2015

52.222-54 Employment Eligibility Verification August 2013 52.222-55 Establishing a Minimum Wage for Contractors 13658 December 2014 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts September 2013

52.223-3 Hazardous Material Identification and Material Safety Data January 1997 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-6 Drug Free Workplace May 2001

52.223-15 Energy Efficiency in Energy-Consuming Products December 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

May 2008

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-1 Authorization and Consent December 2007

52.227-4 Patent Indemnity – Construction Contracts December 2007

52.228-2 Additional Bond Security October 1997

52.228-5 Insurance – Work on a Government Installation January 1997

52.228-11 Pledges of Assets January 2012

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit November 2014 52.228-15 Performance and Payment Bond – Construction October 2010 52.229-3 Federal, State And Local Taxes February 2013 52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-16, Alt 1 Progress Payments April 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 July 2013

52.232-39 Unenforceability of Unauthorized Obligations June 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors December 2013

52.233-1, Alt 1 Disputes May 2014 December 1991

52.233-3 Protest After Award August 1996 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984

52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984

52.236-7 Permits and Responsibilities November 1991

52.236-8 Other Contracts April 1994 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984

52.236-12 Cleaning up April 1984

52.236-13 Accident Prevention November 1991

52.236-14 Availability and Use of Utility Services April 1984

52.236-15 Schedules for Construction Contracts April 1984

52.236-17 Layout of Work April 1984 52.236-21 Alt 1 Specifications and Drawings for Construction February 1997, April 1984 52.236-26 Preconstruction Conference February 1995 52.242-13 Bankruptcy July 1995 52.242-14 Suspension of Work April 1984

52.243-4 Changes June 2007

52.244-6 Subcontracts for Commercial Items April 2015

52.245-1 Government Property April 2012

52.245-9 Use and Charges April 2012

52.246-12 Inspection of Construction August 1996

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements August 1996

52.246-21 Warranty of Construction March 1994

52.248-3 Value Engineering – Construction October 2010

52.249-2, Alt 1 Termination for Convenience of the Government (Fixed-Price), Alternate 1 April 2012 September 1996

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements

April 2012

52.249-10, Alt I Default (Fixed-Price Construction) April 1984 52.253-1 Computer Generated Forms January 1991

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior July 1996

DIAR 1452.204-70 Release of Claims – Department of the Interior July 1996

DIAR 1452.215-70 Examination of Records – Department of the Interior April 1984

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior July 1996

DIAR 1452.237-70 Information Collection – Department of the Interior July 1996

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02)

(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.

52.225-09 BUY AMERICAN ACT - 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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

(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 the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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: None.

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act.

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.228-1 BID GUARANTEE September 1996

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 25 percent of the bid price or $60,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.236-4 PHYSICAL DATA April 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 surveys and core borings.

52.252-2 CLAUSES INCORPORATED BY REFERENCE February 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://acquisition.gov/far/index.html .

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSE April 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 Department of Interior Acquisition Regulation Supplement (DIARS) (48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

DIAR 1452.228-70 LIABILITY INSURANCE - DEPARTMENT OF THE INTERIOR July 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:

Workers’ Compensation and Employer’s Liability - $100,000 General Liability - $500,000 Automobile Liability:

$300,000 per person $500,000 per occurrence for bodily injury $300,000 per occurrence property damage

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

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS

Number Description Number of Pages

1 L15PS00577 NIFC 300-JW Heating Gasket & Fire Alarm Replacement SPECIFICATIONS 257

2 L15PS00577 NIFC 300-JW Heating Gasket & Fire Alarm Replacement DRAWINGS 25

3 WDOL ID25 05082015 6

4 L15PS00577 Banking Information Questionnaire (Editable) 1

L15PS00577 NIFC 300-JW Heating Gasket & Fire Alarm Replacement Past Performance Questionnaire 5

Construction wage rate requirements are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in this Section.

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors submitting a proposal. If applicable, these offerors/contractors will be given an opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates then the provisions of FAR 22.404-5(c)(4) will apply.

Applicable wage rates can be found at http://www.wdol.gov

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFCATIONS, AND OTHER STATEMENTS OF OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting November 2014

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.236-28 Preparation of Proposal - Construction October 1997

PROVISIONS INCORPORATED BY FULL TEXT

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS—REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision 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.

52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS July 2013

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION February 1999

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

6.0% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is NIFC, Building 415 Maintenance; 3833 S. Development Avenue, Boise, ID 83705.

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.204-07 System for Award Management July 2013

52.204-18 Commercial and Government Entity Code Maintenance November 2014

52.215-1 Instructions to Offerors – Competitive Acquisitions January 2004

52.222-33 Notice of Requirement for Project Labor Agreement May 2010

DIAR 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior April 1984

PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT April 1984

The Government contemplates award of firm fixed-price contract resulting from this solicitation.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK May 2014 a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION MATERIALS May 2014

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American— Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause…