N40083-14-Q-3211.pdf

NAVFAC MIDWEST PUBLIC WORKS DEPARTMENT

JOSEPH M. LOERSCH

PWD GREAT LAKES FEAD/2625 RAY ST, B.2016

GREAT LAKES IL 60088

TEL: 847-688-5395 FAX: 847-688-3689

ACQR3690268

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

DO-C2N40083-14-Q-3211 18-Mar-2014 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

NAVFAC MIDWEST PUBLIC WORKS DEPARTMENT

PWD GREAT LAKES FEAD/2625 RAY ST, B.2016

GREAT LAKES IL 60088

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

23-Mar-2014(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

847-688-5395JOSEPH M. LOERSCH

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

N40083-14-Q-3211

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Install Floor Matting System B1007

FFP

The Contractor shall provide all labor, material, transportation, equipment and expertise to install a multipurpose floor system comprised of a rubber base mat laid in adhesive and a two-component polyurethane surface that is field applied in a seamless monolithic application.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR3690268

NET AMT

Section Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section Deliveries and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 23-SEP-2014 1 NAVFAC MIDWEST PUBLIC WORKS

DEPARTMENT

JOSEPH M. LOERSCH

PWD GREAT LAKES FEAD/2625 RAY ST,

B.2016

GREAT LAKES IL 60088

847-688-5395

N40083

Section Contract Administration Data

Section 00010 - SOLICITATION CONTRACT FORM

INSTRUCTIONS TO OFFERORS

Quotes are due no later than 2:00 P.M. Central Standard Time (CST), April 18th, 2014

Proposals shall be submitted to:

Department of the Navy Naval Facilities Engineering Command Mid-West PWD Great Lakes ATTN: Joe Loersch 2625 Ray Street, Building 2016 Great Lakes, IL 60088-2801

SOLICITATION NO: N40083-14-Q-3211

PROJECT TITLE: INSTALL FLOOR MATTING AT BUILDING 1007

THE FOLLOWING ADDRESS SHOULD BE USED FOR PROPOSAL CORRESPONDENCE:

NAVFAC MIDWEST, PWD GREAT LAKES

ATTN: JOE LOERSCH

2625 RAY STREET, BUILDING 2016

GREAT LAKES, IL 60088-3147

THE FOLLOWING INFORMATION IS PROVIDED IN CONJUNCTION WITH THE SOLICITATION

REQUIREMENTS:

Inquiries regarding this Request for Quote (RFQ) shall be submitted electronically using the Request for Information (RFI) form provided with this solicitation. The Point of Contact (POC) for inquiries is Joe Loersch at

(847) 688-5395, extension 253, FAX (847) 688-3689, or by e-mail at joseph.loersch@navy.mil.

Any inquiries must be received by the Government no later than 2:00 P.M. CST, April 8th, 2014 in order to permit adequate time for the Government to reply to inquires.

The date of the planned site visit for this action is April 3rd, 2014 0900-1100. Quoters are strongly urged to attend this meeting, as it will include access to the construction site and will allow an opportunity to take measurements.

The site visit will start at Building 2016.

QUOTERS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED BY

THIS RFP, INCLUDING ATTACHMENTS.

THE GOVERNMENT INTENDS TO EVALUATE PROPOSALS AND AWARD WITHOUT DISCUSSIONS.

HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT DISCUSSIONS IF IT IS LATER

DETERMINED BY THE CONTRACTING OFFICER TO BE NECESSARY. THEREFORE, EACH INITIAL

OFFER SHOULD CONTAIN THE BEST TERMS FROM A TECHNICAL AND PRICE STANDPOINT.

CONTRACT DESCRIPTION

This solicitation is for Furnishing all labor, transportation, supervision, material, equipment, and expertise to perform all operations in connection with the following: prepare surface; install resilient floor matting system in accordance with the attached statement of work. This action is restricted to firms certified as Small Business concerns.

All construction work must be performed between April 14, 2014 – September 23, 2014 including curing time for the surfaces. In order to ensure access to the site the successful Contractor must submit all administrative submittals within fourteen (14) calendar days of the date of the award of this action.

This is a simplified acquisition procedures procurement, using Price only as the evaluation of quotes. The successful offeror will be required to sign the resulting award to confirm their quote. Quotes must be valid for a period of sixty (60) calendar days from the due date of the quote to be considered.

The following documents are required to be submitted in order for a quote to be considered for award.

Offerors shall return pages 1 - 2 of the SF 18, Request for quotations, completing block 8 on page 1 (Quoters name and address) and filling in the price proposed on page 2, with the following attachments:

All amendments to the SF 18 Request for Quotations must be acknowledged by completing blocks 15A - 15C of the SF 30 and returning it with the quote.

Quotes should include a brief narrative (no more than 2 pages) describing the details of the work that is being quoted. This narrative should include details on the types of finishes to be provided, dimensions (as field verified by the offeror), catalog cut sheets and other descriptive information as appropriate. This narrative and information will be used by the Government’s technical staff to determine if the quote meets the Government’s needs. Offeror’s should provide sufficient information to permit the Government to make a determination that the material, services etc. being proposed meet the Government’s requirements. Offers which are found to not meet these requirements will not be considered for award.

Details of at least two (2) projects of a similar type to the project being solicited, performed within the last three (3) years. Projects shall be of a similar type and complexity to this project.

See paragraph 7 of the Statement of Work. This documentation may be submitted prior to the receipt of quotes; due to the time constraints of this project it is strongly recommended that offerors submit this documentation as soon as possible.

A draft safety plan. See paragraph 7 of the Statement of Work. This documentation may be submitted prior to the receipt of quotes; due to the time constraints of this project it is strongly recommended that offerors submit this documentation as soon as possible.

Paragraph d. of FAR 52.204-8, completed . A MS Word version of this paragraph is provided for the offerors use. Complete the paragraph as indicated and return with your quote. Add your corporate signature block and sign (this indicates that you are bound by the completed paragraph which will be included in the file and incorporated into the resulting award.)

Paragraph e. of DFARS 252.204-7007 Alternate A, completed. A MS Word version of this paragraph is provided for the offerors use. Complete the paragraph as indicated and return with your quote. Add your corporate signature block and sign (this indicates that you are bound by the completed paragraph which will be included in the file and incorporated into the resulting award.)

The name, address, account information and contact information of your firm’s banking institution. This is for a check of the firm’s financial capability to perform under the resulting award and will not be disclosed outside of the Government. In order to expedite award of this actions, offerors may provide this information prior to submitting their quotes . Due to the time constraints of this project, Offerors are strongly encouraged to submit this documentation prior to the due date for quotes . This information is considered to be sensitive and is not disseminated outside of the Contracting Office.

Online Representations and Certifications (ORCA), are required. All firms wishing to offer quotes under this Request for Quotations (RFQ) must have a current Online Representations and Certifications on file at the System for Award Management (SAM) site. Offerors who do not have current online representations and certifications may not be considered for award. For more information regarding SAM and ORCA, see the following page.

Facsimile quotes: Facsimile or electronic versions of the quote will be accepted (facsimile number is shown above). It is preferred that the quoter scan and attach documents as Adobe Portable Document Format (.PDF) document(s) if submitting quotes electronically (by E-mail).

While it is not likely that the files generated by the offeror will be large, please note that the maximum size that the Navy IT system will accept for E-mails is approximately 8 MB for encrypted E-mails. For security reasons, the Navy IT system will not accept any attachments which contain the following suffixes: .com, .exe, .bat or .zip. For this reason, if the quoter intends to use WINZIP compression software to compress their files, they must change the suffix (i.e., .zip) to another suffix, such as .zin, .zim, .zis etc prior to transmitting the E-mail.

The North American Industry Classification System (NAICS) Code for this procurement is 238330, Flooring Contractors, with a size standard of $14 million dollars. In accordance with FAR 36.204, the project magnitude is between $25,000 and $100,000. The contract duration is forty-five (45) calendar days from date of award, NTE August 22, 2014.

Site Visit.

A. A Site Visit will be held on April 3, 2014 at 9:00 AM – 11:30 AM Central at 2625 Ray Street, Building

2016, Great Lakes, IL. The meeting will proceed to the project site by Government vehicle or Contractor vehicle if escorts are appropriate and required. Please contact Shawn Wales at (847) 688-5395, extension 249 or by E-mail at joseph.loersch@navy.mil no later than five (5) working days prior to the site visit to confirm attendance. Attendees must have a Government issued photo ID such as a valid State driver’s license to attend the site visit. The site visit will start in building 2016 and will move from there to the site on base.

B. Offerors should be properly attired for attending the site visit with appropriate safety gear for inspecting the proposed work areas. The site is not currently under construction. Photographs of work areas are permitted so long as no other areas, government personnel or customers/patients are photographed, due to security and privacy considerations.

C. It is strongly recommended that quoters attend the site visit, as there may not be other opportunities to view the site other than this meeting. In order to make the meeting as productive as possible, offerors are requested to submit in writing, five (5) working days prior to the site visit, any questions they may have to Joe Loersch at joseph.loersch@navy.mil. Use the Pre Proposal Inquiry sheet posted with the RFQ at NECO and FEDBIZOPS.

D. Responses given verbally by Government personnel during the site visit are not binding until the responses are given in writing in the form of an amendment to the RFQ.

E. Failure of a prospective offeror to submit any questions or to attend the site visit will be construed to mean that the offeror fully understands all requirements of the RFQ. Prospective offerors are advised that the site visit will be held solely for the purpose of explaining the concepts involved in the project and the specifications, terms, and conditions of this RFQ.

System for Acquisition Management (SAM): Contractors must be registered in SAM prior to award of a Department of Navy contract. This system has replaced the prior systems (CCR, ORCA & EPLS). For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/. A contract cannot be awarded to a contractor not registered in SAM. Review the NAICS codes listed in your SAM record and make sure that you have listed the NAICS code for this procurement (NAICS 238330 – Flooring Contractors). Offerors should ensure that their records in SAM are valid and up to date as soon as possible, as there may be delays in processing records in SAM.

Online Representations and Certifications Application (ORCA). In order to participate on this solicitation, contractors shall complete electronic representations and certifications. To complete the ORCA, see the SAM website at https://www.sam.gov/portal/public/SAM/. In addition, it is required that all offerors complete paragraphs

d. of FAR 52.204-8 and e., of DFARS 252.204-7007 Alternate A and return it with their quote. MS Word versions of this text is posted in NECO/FEDBIZOPS for the offerors use.

Incurred Expenses. The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. Such costs are considered a cost of doing business and will not be reimbursed by the Government.

Wide Area Work Flow: The resulting purchase order will be paid using the Department of Defense Wide Area Work Flow (WAWF) system. This system requires that the contactor have the capability to access the Internet and to scan or otherwise generate documents in Adobe (Portable Document Format) or other electronic documents to document payment requests. Partial payments may be approved for this action, however because of the short duration of the project, likely payment will be in a single lump sum, net 30 days (first and final).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 23-SEP-2014 1 NAVFAC MIDWEST PUBLIC WORKS

DEPARTMENT

JOSEPH M. LOERSCH

PWD GREAT LAKES FEAD/2625 RAY ST,

B.2016

GREAT LAKES IL 60088

847-688-5395

N40083

Section SAP - SAP CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-8 Annual Representations and Certifications JAN 2014 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

MAY 2011

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

AUG 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.211-13 Time Extensions SEP 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-1 Biobased Product Certification MAY 2012 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 DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment JUL 2013 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-3 Alterations in Solicitation APR 1984 52.252-3 Alterations in Solicitation APR 1984 52.252-5 Authorized Deviations In Provisions APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Alt III Transportation of Supplies by Sea (JUN 2013) Alternate III MAY 2002

CLAUSES INCORPORATED BY FULL TEXT

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 (will be specified at the time of award) 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.

(End of clause)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DO-C2 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984). NOT APPLICABLE

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). NOT APPLICABLE

(iii) 52.232-11, Extras (Apr 1984). NOT APPLICABLE

(iv) 52.232-25, Prompt Payment (July 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).

(vii) 52.233-1, Disputes (JUN 2008).

(viii) 52.244-6, Subcontracts for Commercial Items (July 2013).

(ix) 52.253-1, Computer Generated Forms (Jan 1991). NOT APPLICABLE

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Walsh-Healey Public Contracts Act (OCT 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). NOT APPLICABLE

(iv) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more). NOT APPLICABLE

(v) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more). NOT APPLICABLE

(vii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.). NOT APPLICABLE

(viii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(ix) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(x) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) NOT

APPLICABLE

(xi) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xii) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013).

(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.) NOT APPLICABLE

(xiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

NOT APPLICABLE

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies). NOT APPLICABLE

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin). NOT APPLICABLE

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://www.arnet.gov/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (APR 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238330.

(2) The small business size standard is $14,000,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).

For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

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

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

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

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

(2) Submit this report no later than--

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

(ii) At the end of contract performance.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

(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:

(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) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(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 Act--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 Act 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 Act 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 Act, 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…