N6945020C0042 Award Package (abridged).pdf

ACQR5776610

ELEVATOR REPAIRS BUILDING 3220 NAVAL AIR STATION (NAS), PENSACOLA, FLORIDA

This design-build construction project involves miscellaneous elevator repairs building 3220 and incidental w ork at the Naval Air Station, Pensacola, Florida per the plans & specs. The freight elevator to be repaired is located at NAS Pensacola, FL in building 3220 w hich is a training facility. The elevator includes extensive repairs to hydraulic freight elevator including a new hydraulic jack, and related electrical and fire protection w ork.

This is a 8(a) set-aside under FAR Part 19.8 procedures.

BRADLEY A. COX (850) 452-4109

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

01-Jul-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________210 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, X negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________10 Jun 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

N6945020C0042

7. ISSUED BY CODE

NAVFAC SOUTHEAST

PWD PENSACOLA

310 JOHN TOWER RD, BLDG 3560

NAS PENSACOLA

PENSACOLA FL 32508-5304

N69450

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6945020R00450003 38

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

7AB71

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$704,762.00 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

X 10 U.S.C. 2304(c) (5) 41 U.S.C. 253(c) ()

CODE N6873227. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DFAS-CLEVELAND

ATTN: SB-39, ACCOUNTS PAYABLE

1240 E 9TH STREET

CLEVELAND OH 44199

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

YERKES SOUTH INC.

4799 HINOTE RD

CRESTVIEW FL 32539

15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF:

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) Bradley A. Cox / Contract Specialist

TEL: (850) 452-4109 EMAIL: bradley.a.cox1@navy.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 01-Jul-2020

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6945020C0042

Section 00 10 00 - Bid Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

000101 $0.00

FUND ACRN AB

FFP

Funding Doc. No. N0020420RC143TT Customer ACRN: AA

MILSTRIP: N0020420RC143TT

NET AMT $0.00

ACRN AB

CIN: 000000000000000000000000000000

$704,762.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $704,762.00 $704,762.00

REPAIR ELEVATOR NASPEN-3220

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5776610

PSC CD: Y1AA

NET AMT $704,762.00

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

N6945020C0042

0001 30-JUN-2021 1 NAVFAC SOUTHEAST

BRADLEY A. COX

PWD PENSACOLA

310 JOHN TOWER RD, BLDG 3560

NAS PENSACOLA

PENSACOLA FL 32508-5304

(850) 452-3131 X 3086 FOB: Destination

N69450

000101 N/A N/A N/A N/A

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A Government

CLIN INSPECT AT

0001 N/A 000101 N/A N/A N/A N/A

ACCOUNTING AND APPROPRIATION DATA

AB: 1701804 52FM 320 00520 056521 2D STP2CH

COST CODE: 20420RC143TT

AMOUNT: $704,762.00

ACRN CLIN/SLIN AMOUNT

AB 000101

CIN

000000000000000000000000000000 $704,762.00

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1

1. CON1RA�TID CODE

I

PAGE OF PAGES

1 I 2

2. AMENDMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.

5. PROJECTNO.(Ifapplicable) 0001 07-Apr-2020 ACQR5776610

6.ISSUEDBY CODE 1\139450 7. ADMINISTERED BY (Ifother than item6) CODE I

NAVFAC SOUTHEAST

See Item 6 P\/\.0 PENSACOLA 310 JOHN TOV\ER RD, BLDG 3fi60 NAS PENSACOLA PENSACOLA FL 32508-5304

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Collllty, State and Zip Code) X

9A. AMENDMENT OF �LICITATION NO.

N3945020R0045

X

9B. DATED (SEE ITEM 11)

09-Mar-2020

I 0A. MOD. OF CONTRACT /ORDER NO.

I0B. DATED (SEE ITEM 13)

CODE IFACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF �LICIT ATIONS

QThe above nunbered solicitation is ammded as set rorth in Item 14. The hour and date specified for receipt ofOflEr 0 is extended, □ is not extended.

OflEr nust acknowledge receipt of this ammdmmt prior to the hour and date specified in the solicitation or as am,nded by one of the following m,thods: (a)By COIIJlleting Items 8 and 15, and returning 1 copies of the am,ndm,nt; (b) By acknowledging receipt of this am,ndm,nt on each copy of the oflEr subnitted;

---or (c) By separate letter or telegram which includes a refi:rence to the solicitation and am:ndm,nt nunbers. FAILURE OF YOUR ACKNOWLEDGMENTTO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER Ifby virtue ofthis am:ndmmt you desire to change an olli,r already subnitted, such change may be m,de by telegramor letter, provided each telegram or letterllllkes re&ence to the solicitation and this am:ndm,nt, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (lfrequired)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS'ORDERS.

IT MODIFIES THE CONTRACT /ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM I0A.

B. THE ABOVE NUMBERED CONTRACT /ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENT AL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor □ is not, □ is required to sign this docwnent and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract suqject matter ooere feasible.)

The proposal due date for this solicitation is hereby extended to 29 APR 2020, 1600 local tirre. All other terms and conditions remain unchanged.

Except as provided herein, all tenn; and conditions ofthe docum,nt re&enced in Item9A or JOA, as heretorore changed, remains unchanged and in full rorce and eli,ct.

15A. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Tgox.BRADLE Digitally signed by

COX.BRAIDLEY.ALAN.1

1�.-11..

�j290

'111,,1'41 t.U-411�1::StiM.1290 Date: 2020.04.07

- QB:�2:aQ Qa'QQ' (Signature ofConttacting Officer)

16C. DATE SIGNED

07-Apr-2020

EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

30-105-04 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Christine Yerkes, P.E. CEO

N6945020R0045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

SOLICITATION AMENDMENT 0002

PRE-PROPOSAL INQUIRY #1

N6945020R0045 - ELEVATOR REPAIRS BLDG 3220 AIR TRAFFIC CONTROL SCHOOL

Questions with Answers

Q1. Can superintendent be QCM and SSHO?

A1. Yes.

Q2. Will we be able to limit access to the elevator lobby area from students coming through?

A2. Yes, we can limit access as necessary.

Q3. This will be noisy work especially the concrete demolition to get to the oil pipe. Will this be a problem?

Q4. Instead of breaking out the oil pipe can we use a camera to record it’s condition? If it’s in good condition we can keep it in place? If condition warrants can we slip line it to avoid demolition of the slab in the closet?

Q5. Where we will be breaking out concrete to get to the pipe is there any rebar or items that could cause us a problem? A set of as-builts would help here.

A3-5. Construct as designed. Route lines out of the way for egress purposes. Follow-up drawings for the lines are not required and will not impede inspection of the elevator.

Q6. On the Form 1442 block 10 says “design-build”. We see “construction” everywhere else so assuming this is a very minor typo. Please confirm.

A6. Yes, this is a construction contract. There is no formal design phase.

Q7. The solicitation is still focused on bidding the work. Our intent is to submit our Price and form 1442 with CLINS filled out. Do you need anything else?

A7. DD 1442 filled out (pg 2), price and CLINS filled out. In addition, please comply with all applicable instructions in Section 00 22 00 Instructions to Offerors, Section 00 21 00 Clauses –

Instructions to Offerors, and Section 00 45 00 Clauses – Representations and Certifications (only those that have not been completed as part of your SAM registration.)

Q8. Do you have form 4330 in excel? We have a few versions and may contain equation errors. I see this one has multiple subcontractor blocks which is handy.

A8. Will send you an Excel version with these answers.

Q9. 2.11 EMERGENCY POWER OPERATION: Will the elevator run on emergency power?

If so, will the elevator be required to run during emergency power operation? Is it currently on emergency power?

A9. Since this is not a whole building renovation and replacement of generator then no.

Elevator will have battery lowering capabilities and will not be tied to emergency power.

Q10. 2.10 FREIGHT ELEVATOR HOISTWAY DOORS AND ENTRANCES: Are the existing hoistway doors to be reused or replaced? We understand that the hoistway door equipment is to replaced either way.

A10. Doors will need to be replaced.

Q11. In regards to re-using the existing hoistway doors & car enclosure finishings: These items were vague in the spec: If these items are being retained, are these items to be painted or refinished?

A11. Doors will need to be replaced.

Q12. Working Hours: Will working hours for all elevator and elevator subcontractors be during 7:00 to 3:30? Currently pricing is based these working hours. Any work requested after these hours, to minimize noise disruption to training would alter price.

A12. Working hours are 0700-1530.

Q13. The LD's seem a bit high at $690.25 for a project under $1M and an elevator that hasn't worked in years. Can it be lowered?

A13. LD’s were computed using formulas in accordance with NAVFAC instructions. This can be discussed after submittal of proposal.

Q14. How long does it take for DBIS to issue badges for contractor workers?

A14. This all depends on Pass & ID’s workload and how many people show up at one time.

Q15. Spec 01 30 00 para 1.10 - We always partner informally, it's the way we work as part of the NAVFAC Team. In this paragraph it says "partnering meeting". Will there be partnering meetings beyond the first one at the PRECON meeting?

A15. Partnering meetings are an option for the contractor if desired. Informal meetings are fine, unless either party feels that more formal meetings would be beneficial.

Q16. 01 33 00 para 1.5.5 We see the submittals can be sent electronically. Do you still want the three hard copies? This spec is a few years old.

A16. Electronic copies are preferred, unless any contract administrators request a hard copy.

This includes your proposal. When you submit your proposal, you can provide electronic copies of bid bonds, provided raised seals can be seen. Hard copies of any bonds still need to be provided, though.

Q17. Are there any base specific requirements/processes that may be different from the contract requirements or more detailed?

A17. Nothing known at this time, but of course, this can change depending on threat levels and

COVID-19.

Q18. With manufacturing impacted by the current emergency shutdowns the elevator and some of the equipment could take at least 3-6 months (or more if virus distancing/shutdown continues) to receive after ordering. IS the 210 days a firm milestone? We can pay for expediting the equipment.

A18. Please submit your estimate of the period of performance with your proposal, based on current information. We can discuss this after submittal of proposal.

Q19. How deep under the closet floor is the oil line to be replaced?

A19. (A/E has shown estimated location as it seem logical to be in a straight shot from the adjacent floor level). We do not have any as built records showing how deep the line is.

Q20. There are almost no dimensions on the drawings so as we find specialty subcontractors we may need another quick site visit. Is that possible? If not we will need the DOR to add dimensions for the pit, closet and elevator area.

A20. A-100 shows dimensions, pit depth shown on A300.

Q21. 02 41 00 para 3.1.4 - this states we "Remove existing freight elevator completely including doors….." The drawings show replacing all the equipment associated with the elevator? Which is correct?

A21. Replacement of the equipment, leave the doors and entrances and car framing. Ensure car top station can be reached from the sill without stepping on car top. Drawings/See also Scope of Repair Spec Section 14 24 00 2.1.1.

Q22. Is the existing Simplex Fire Alarm System operational? Is it to current codes and per?

A22. It is operational and we believe it is to code. This can be addressed later if necessary.

Q23. Are the electrical and fire alarm systems up to current code? If we connect to an existing system I believe it must be brought up to code?

A23. The electrical connection point for the elevator was up to code at the time the designers reviewed it. Anything outside of the connection point would not be the contractor’s responsibility. Corrections to issues with the existing fire alarm system would not be the responsibility of the contractor, the contractor would be required to report any discrepancies found in the process of his work.

Q24. Since there are no specifications for any fire protection should we use the same type of materials installed in the existing system?

A24. All new piping is to match existing. All new devices shall be compatible with the existing fire alarm system as indicated on the drawings.

Q25. Who on base has the simplex fire alarm for maintenence? Since we will be modifying the system it makes sense to contact them and get a quote.

A25. The BOS Contractor, PBSS, performs the maintenance.

Q26. Does the emergency phone work?

A26. The contractor is required to connect to the existing telephone lines. The government is responsible for the line activation.

Q27. Will the repaired elevator be required to meet UFC 3-490-06? If so is the design in accordance with the UFC?

A27. The elevator is required to meet UFC 3-490-06 and ASME A17.1 with certain exceptions.

Those include refuge space, footers, machine room height, etc. impossible to meet.

Q28. Will any outages be required at night or on weekends? We are proposing that all work happens between 0700 and 1530.

A28. See answer to question 12.

SECTION 00 10 00 - SOLICITATION

The offer guarantee has changed from is required to is not required.

The required response date/time has changed from 29-Apr-2020 04:00 PM to 10-Jun-2020 02:00 PM.

The performance period code has changed from Mandatory to Negotiable.

SECTION 00 21 00 - INSTRUCTIONS

The following have been deleted:

52.228-1 Bid Guarantee SEP 1996

(End of Summary of Changes)

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

SOLICITATION AMENDMENT 0003

AMENDMENT 0003 CHANGES

1. Page 76 of 323, Specification Section 01 32 16.00 25, paragraph 1.3.1.1.g. Delete this paragraph in its entirety.

2. Page 76 of 323, Specification Section 01 31 16.00 25, paragraph 1.3.1.2. Delete this paragraph in its entirety and substitute the following:

“The Network must have a minimum of one demolition activity.”

3. Final proposal is due by 10:00 a.m. local on 26 JUN 2020. Offeror is required to complete SF1442 and acknowledge all amendments as per the instructions on Page 9 of 323, Instructions to Offerors, Section B. Evaluation Factors for Award, paragraphs 2(a)(i) and (iii).

Submit all appropriate documentation that reflect any changes, such as cost breakdowns.

(End of Summary of Changes)

ELEVATOR REPAIRS B3220 N6945020C0042

NAS PENSACOLA

SECTION 00 70 00

CLAUSES – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 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

OCT 2010

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

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.216-4 Economic Price Adjustment-Labor and Material JAN 2017 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-

O0003).

JAN 2019

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018

52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate

Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts

AUG 2018

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

AUG 2011

52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for

Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program--

Basic

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 (Dev)

Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (DEVIATION 2020-O0006)

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7013 Requirement for Competition Opportunity for American

Steel Producers, Fabricators, and Manufacturers

JUN 2013

252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -

ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 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 210 calendar days from contract award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed NLT 15 days after contract award. The completion date will not be extended if 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.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $690.25 for each calendar day of delay until the work is completed or accepted.

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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

ELEVATOR REPAIRS B3220 N6945020R0045

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238290 assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

X Christine Yerkes, P.E. CEO 5/1/2020

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

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 statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(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.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. N6945020R0045

TO: Department of the Navy Naval Facilities Command, PWD Pensacola 310 John Towers Road, Bldg 3560 Pensacola, FL 32508

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer…