NGS TTC Bathroom ADA Construction RFQ-SOW-Exhs-Clauses-WD 2023 07 14.pdf

THIS IS A REQUEST FOR PROPOSAL FOR CONSTRUCTION PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 36, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY REQUEST FOR PROPOSAL. PROPOSALS ARE BEING REQUESTED

AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This construction requirement NC-NL1100-23-00479 constitutes a Request for Proposal (RFP) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04.

The National Oceanic Atmospheric Administration (NOAA), National Ocean Service (NOS), National Geodetic Survey (NGS), Testing and Training Center (TTC), 15351 Office Drive, Woodford VA 22580 has a requirement for TTC Facility Bathroom and ADA Upgrades (see Statement of Work attached).

CLIN Description Qty Unit Total Price 0001 NGS TTC Facility Bathroom and ADA Upgrades in accordance with the

Statement of Work Period of Performance: Sixty (60) days from Date of Award

1 EA $

The Government will award a firm fixed price contract based on Lowest Price Technically Available (LPTA). Proposal shall include all costs associated with each CLIN unless otherwise indicated on the vendor’s proposal.

This RFP is 100% set aside for small businesses. The associated NAICS code is 236220, Addition, alteration and renovation, commercial and institutional building with a Size Standard of $45.0 million. The Government estimate for this project is between $25,000.00 and $100,000.00

Additionally, each offeror must provide the following information with the proposal:

1. The Request for Proposal (RFP) number;

2. The Name, Address, Telephone Number, and DUNS Number of the Offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the

RFP. Proposals that reject the terms and conditions of the RFP may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any;

5. Completed Narrative of Past Experience and Detailed Technical Capability Statement; and

6. Certificate of Insurance.

All responsible sources may submit a proposal which shall be considered by the agency. Proposals must be submitted via electronic means (e-mail) by 4:00 P.M. EDT on August 14, 2023; any award resulting from this RFP will be made based on the LPTA. Proposals must be submitted electronically via e-mail to Robin.Souza@noaa.gov.

All questions must be submitted in writing to Robin.Souza@noaa.gov by 1:00 pm. Eastern Daylight Time (EDT), on August 4, 2023. Telephone inquiries will not be honored. The anticipated award date is on or about August 21, 2023.

Contractors are encouraged to register with the Contract Opportunities Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within Contract Opportunities where this synopsis/solicitation is posted).

Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

A contract issued as a result of this solicitation shall incorporate the Department of Labor, General Decision Number WD VA20230015 Mod 1, January 13, 2023 from this solicitation.

The Government does not accept responsibility for non-receipt of proposals. It is the Contractor’s responsibility to request and receive a confirmation of the proposal receipt.

mailto:Robin.Souza@noaa.gov http://www.sam.gov/

**Site Visit** It is recommended that contractors interested in submitting proposals schedule a site visit with NOAA staff to inspect the facility conditions. Site Visits shall be scheduled with Steve Breidenbach, steve.breidenbach@noaa.gov per agreed upon appointment.

Questions will be considered at any time prior to, or during, the site visit; however, quoters will be asked to confirm verbal questions in writing no later than 1:00 pm, EDT on August 4, 2023. Subsequent to the site visit, an amendment to the solicitation containing an abstract of the questions and the Government's answers, will be made publicly available.

** Please note: Upon contract award and before any service begins, the contract issued requires the Contractor to provide evidence meeting the NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy in accordance with the NOAA Acquisition Manual (NAM) Contract Clause 1330-52.222-71 of this solicitation.** mailto:steve.breidenbach@noaa.gov

NOAA National Geodetic Survey Testing and Training Center (TTC) Bathroom and ADA Upgrades

Statement of Work

NC-NL1100-23-00479

1.0 CONTRACT PROJECT:

1.1 Project Title: NGS TTC Bathroom and ADA Upgrades

NOAA/NOS NGS Woodford VA

2.0 PROJECT CONTACT PERSONS:

Government Point of Contact (GPOC)

Steve Breidenbach NOAA/NOS/National Geodetic Survey 15351 Office Drive Woodford, VA 22580 Email: steve.breidenbach@noaa.gov

Sonita Tiwari NOAA/NOS/National Geodetic Survey Phone: 240-676-3859 Email: sonita.tiwari@noaa.gov

3.0. PROJECT TASKS:

This project includes; updating flooring surfaces, painting interior wall surfaces, upgrading plumbing fixtures to water efficiency models for 3 bathrooms, conversion of one bathroom to fully ADA compliancy, a filtration system for facility water supply, and upgrading main building entry door to fully ADA compliancy. All associated tasks will be performed in the main office building, located on the grounds of the National Geodetic Survey’s (NGS) Testing & Training Center located at 15351 Office Drive, Woodford, VA 22580. For a non-dimensional floorplan, with room names, for this building see Exhibit A.

3.1 Design

Sufficient drawings, specifications, or notes and calculations shall be prepared by the contractor to show the extent of work being performed. Documentation provided should allow for adequate inspection of proposed work by the NOS, NGS Facility Manager.

3.2 Remove Existing Tiles

1) If necessary, all fixture in these areas identified for tile removal are to be temporarily moved by the contractor to an area within the building identified by the PC.

2) Remove and dispose of all vinyl composite tiles in the areas indicated in exhibit B.

The removal and disposal of these tiles must be conducted in a manner compliant with all state and federal regulations regarding the safe handling and disposal of this type of material.

3) Remove any existing tile mastic material and prepare concrete surface for installation of new vinyl composite tile. The removal and disposal of this mastic material must be conducted in a manner compliant with all state and federal regulations regarding this type of material.

3.3 Install Vinyl Composite Floor Tiles

1) Install vinyl composite tiles. Size and color are to complement existing tiles, located in other areas of the office building. The tiles are to be installed to manufacturer’s specifications.

3.4 Preparation for painting-

1) Clean all wall, door and trim surfaces in preparation of paint application.

2) Remove any loose, cracked, chipping or blistered paint - down to raw surfaces if necessary.

3) Patch all nail or screw holes, gouges and cracks.

4) Caulk door and window trims, and where trim meets siding - or where any material meets a different kind of material, such as trim over masonry. Use high-grade interior caulk.

3.5 Painting-

1) Apply two coats of high quality interior latex paint to all wall, door and trim surfaces.

Allow each coat to dry between applications according to the manufacturer's instructions.

NOAA will select paint colors and finishes.

3.6 ADA compliant Bathroom-

1) demo fixtures and dispose of debris off-site.

2) Install: high pressure ADA compliant toilet, hand sink, mirror and support bars.

3) Replace existing door with an automatic ADA compliant entry bathroom door (modify door opening as necessary and any necessary electrical connections).

The contractor shall furnish all materials and install two (2) Norton ASSA ABLOY: 6001 Series Low Energy Operator (s) or approved equivalent. The door openers shall meet ADA requirements including but not limited to the following specifications:

a. Each automatic door controller must be installed to operate with two (2) electronic push plate switches at each location (inside and outside the door).

NOTE: The push button shall be adjusted to open the door in accordance with the ADA requirements and not interfere with the traffic flow to the adjacent space (hallway).

b. Contractor shall furnish all required materials and tie each of the three (3) automatic door openers into the electrical circuits in order to provide power as necessary at the specified installation locations. All exposed cabling below the false ceiling shall be located in conduit to match existing wall color. Contractor is permitted to use RF transmitters if they shall decide too.

d. Contractor shall ensure doors receiving automatic openers will provide single motion free ingress/egress for the user.

4. Contractor shall place all required ADA signage at each location to Identify ADA hardware and to keep the public safe from opening doors.

5. Any work being performed during normal business hours must be cordoned off with signage indicating what is being done and which entrance the public should use. Any loud or noisy work must be performed after hours.

6. Contractor shall prep, prime, patch & paint any area of the walls, door frames, door jambs affected/damaged by the demolition/construction work for this project. All penetrations shall be contained to minimum and completely sealed, finished, and pained to match the surrounding surfaces.

7. Contractor shall remove all debris and clean the job site after completion of all work on a daily basis.

8. Contractor shall provide a warranty for a period of one year from the date of job completion against any malfunction of the installed equipment including parts and labor for any repair if needed.

Full compensation for providing all labor, materials, tools and equipment necessary to meet the above requirements shall be considered included in the contract price and no additional compensation shall be allowed therefore.

3.7 ADA compliant Building Entry Door

1. Provide the NOS, NGS Facility Manager all hardware, suggestions and options prior to commencement of work.

2. Utilizing the attached facility map of the building, contractor shall install ADA door operator hardware on the doors identified on the map. This includes one (1) set of double doors located at the main entrance to the building and one (1) single unisex restroom door.

3. The contractor shall furnish all materials and install two (2) Norton ASSA ABLOY:

6001 Series Low Energy Operator (s) or approved equivalent. The door openers shall meet ADA requirements including but not limited to the following specifications:

a. Each automatic door controller must be installed to operate with two (2) electronic push plate switches at each location (inside and outside the door).

NOTE: The push button shall be adjusted to open the door in accordance with the ADA requirements and not interfere with the traffic flow to the adjacent space (hallway).

b. Contractor shall furnish all required materials and tie each of the three (3) automatic door openers into the electrical circuits in order to provide power as necessary at the specified installation locations. All exposed cabling below the false ceiling shall be located in conduit to match existing wall color. Contractor is permitted to use RF transmitters if they shall decide too.

d. Contractor shall ensure doors receiving automatic openers will provide single motion free ingress/egress for the user.

4. Contractor shall place all required ADA signage at each location to identify ADA hardware and to keep the public safe from opening doors.

5. Any work being performed during normal business hours must be cordoned off with signage indicating what is being done and which entrance the public should use. Any loud or noisy work must be performed after hours.

6. Contractor shall prep, prime, patch & paint any area of the walls, door frames, door jambs affected/damaged by the demolition/construction work for this project. All penetrations shall be contained to minimum and completely sealed, finished, and pained to match the surrounding surfaces.

7. Contractor shall remove all debris and clean the job site after completion of all work on a daily basis.

8. Contractor shall provide a warranty for a period of one year from the date of job completion against any malfunction of the installed equipment including parts and labor for any repair if needed.

Full compensation for providing all labor, materials, tools and equipment necessary to meet the above requirements shall be considered included in the contract price and no additional compensation shall be allowed therefore.

3.8 Water Filtration System

1) Install a water filtration/softener system designed to accommodate the well water supply, sufficiently sized to meet the full water usage requirements of the facility (includes all plumbing and electrical connections necessary to operate the system).

4.0 PROJECT REQUIREMENTS:

The Contractor shall be responsible for verifying site conditions, making quantity take offs, obtaining accurate measurement of existing conditions, and performing any act or operation which may be necessary to properly bid the work and complete the same as depicted and specified. Failure to verify the existing site conditions shall not relieve the Contractor of the responsibility to complete the work as required.

Period of performance completion date shall be 60 days following the date of award.

5.0 ROLES AND RESPONSIBILITIES

The contractor shall be required to coordinate the current project with other ongoing construction activities at the site.

Coordinate with the NOS, NGS Facility Manager any construction activities that may generate noise, airborne debris, and odors within adjacent occupied areas. Do not proceed with such work until the project representatives’ grant approval for such operations. Disruptive construction operations must be conducted before or after standard business hours.

Coordinate seventy two (72) hours in advance with the project representatives’ disruption of building systems and utilities. Disruptions to these building elements shall be accomplished before or after normal business hours, and restoration of service must be made not later than two

(2) hours before the resumption of the next business day.

Contractor shall submit a list of subcontractors to be used for this project.

5.1 Supervision: Contractor shall supervise and direct the efficient performance of the Work in accordance with Contractors’ best skill, attention and judgement. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and shall be responsible to see that the finished Work complies fully and completely with the Contract Documents.

5.2 Superintendence: Contractor shall keep a competent resident superintendent on the Work site at all times during construction, which superintendent shall not be replaced without written notice to Government, except under extraordinary circumstances. Such superintendent shall be Contractor’s representative at the site and shall have authority to act on behalf of the Contractor.

All communications given to such superintendent shall be as binding as if given to the Contractor.

5.3 Manufacturers’ Instructions: All materials and equipment shall be applied, installed, connected, erected, used, conditioned and cleaned in accordance with the instructions of the respective manufacturer, fabricator or processor, unless otherwise expressly provided in the Contract Documents.

5.4 Substitute Materials or Equipment: In the event the Specifications or applicable law, ordinances, rules or regulations permit Contractor to furnish or use a substitute equal in quality to any material or equipment specified, and in the event the Contractor wishes to furnish or use any such substitute, Contractor shall, prior to the commencement of construction of the Work, make written application to the Government for approval of such substitute:

a. Certifying in writing that the proposed substitute will perform adequately all functions called for by the general design, will be similar and of equal substance to that specified and will be suited to the same use and capable of performing the same as that specified.

b. Stating whether its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalties; and

c. Identifying all variations of the proposed substitute from that specified and indicating available maintenance service.

No substitute whatsoever shall be ordered or installed without the prior written approval of the Government, which approval the Government may give or withhold in its discretion and which approval the Government may condition upon Contractor’s furnishing such other data about the proposed substitute as the Government may consider pertinent and such performance guaranties and bonds as the Government may require, all at Contractor’s sole cost and expense.

Provide protection for existing items to remain within work areas.

Properly dispose of all solid, liquid, and gaseous contaminants in accordance with all local codes and regulations. Comply with all applicable Federal, local and state law, ordinances, and regulation regarding noise control.

6.0. HOURS OF OPERATION:

The National Geodetic Survey Testing and Training Center & Laboratory facility hours of operation are Monday through Friday from 8:00 A.M to 5:00 P.M.. The facility is closed on weekend days and Federal holidays. All work conducted by the contractor shall be conducted during normal facility hours of operation.

7.0 PROTECTION OF WORK AND PROPERTY/SAFETY REQUIREMENTS:

7.1 The Contractor shall protect the work, the site, and all existing property and structures within the limit of construction activities or that may be affected thereby until acceptance of the work.

Any damage to property shall be repaired at the Contractor’s expense, to pre-damaged condition to the satisfaction of the COR.

7.2 Safety and health matters, as they relate to the work, are the exclusive responsibility of the Contractor.

7.3 The Contractor, under Occupational Safety and Health Administration (OSHA) requirements, is responsible for advising its employees of all Environmental and Hazardous Materials handling and is required to have and maintain SDS for all materials used by the Contractor in accordance with Federal and state laws and/or regulations.

Exhibit A NGS TT&C Main Office Building

Location of bathrooms

Location of Front Door

Location of Filtration System

Utility Room

20 sq. feet

Vestibule

11 sq. feet

ADA Bathroom

80 sq. feet

Men Bathroom

80 sq. feet

Women Bathroom

80 sq. feet

Exhibit B Flooring Replacement Areas

Areas where flooring is to be replaced and walls are to be painted.

CONTRACT CLAUSES AND PROVISIONS

Construction

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):

WWW.ACQUISITION.GOV

(End of Clause)

The Following Clauses are Incorporated by Reference

FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) FAR.52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) (Reference) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) (Reference) FAR 52.204-27 Prohibition on a ByteDance Covered Application (June 2023) (Reference) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services (Dec 2022) (Reference) FAR 52.219-6 Notice of Total Small Business Set Aside (Nov 2020) FAR 52.219-28 Post-Award Small Business Program Representation (Oct 2022) FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018) (Reference) FAR 52.222-7 Withholding of Funds (May 2014) (Reference) FAR 52.222-8 Payrolls and Basic Records (Jul 2021) (Reference) FAR 52.222-9 Apprentices and Trainees (July 2005) (Reference) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) (Reference) FAR 52.222-11 Subcontracts (Labor Standards (May 2014) (Reference) FAR 52.222-12 Contract Termination—Debarment (May 2014) (Reference) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) (Reference) FAR 52.222-15 Certification of Eligibility (May 2014) (Reference) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) (Reference) FAR 52.222-34 Project Labor Agreement (May 2010) (Reference) FAR 52.223-6 Drug-Free Workplace (May 2001) (Reference) FAR 52.223-17 Affirmative Procurement of EPA- designated items in Service and Construction Contracts (Aug 2018) FAR 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) (Reference) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) (Reference) FAR 52.232-23 Assignment of Claims (May 2014) (Reference) FAR 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) (Reference) FAR 52.233-3 Protest after Award (Aug 1996) (Reference) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Reference) FAR 52.236-2 Differing Site Conditions (Apr 1984) (Reference) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) (Reference) FAR 52.236-5 Material and Workmanship (Apr 1984) (Reference) FAR 52.236-7 Permits and Responsibilities (Nov 1991) (Reference) FAR 52.236-8 Other Contracts (Apr 1984) (Reference) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) (Reference) FAR 52.236-12 Cleaning Up (Apr 1984) (Reference) FAR 52.236-13 Accident Prevention (Nov 1991) (Reference) FAR 52.242-14 Suspension of Work (Apr 1984) (Reference) FAR 52.243-5 Changes and Changed Conditions (Apr 1984) (Reference) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) (Reference) CAR 1352.201-70 Contracting Officer´s Authority (Apr 2010) (Reference) CAR 1352.209-73 Compliance with the Laws (Apr 2010) (Reference) CAR 1352.209-74 Organizational Conflict of Interest (Apr 2010) (Reference) http://www.acquisition.gov/

Construction– FAR/CAR/NAM CLAUSES

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 5 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 60 days from award.* The time stated for completion shall include final cleanup of the premises.

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

AND COMMERCIAL SERVICES) (DEC 2022)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-1#FAR_52_232_1 https://www.acquisition.gov/far/52.232-8#FAR_52_232_8

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

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

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Dec 2022).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(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 (JUN 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.

Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, 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 (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute 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).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021)(22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

https://www.acquisition.gov/far/52.232-11#FAR_52_232_11 https://www.acquisition.gov/far/52.232-25#FAR_52_232_25 https://www.acquisition.gov/far/52.232-39#FAR_52_232_39 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.244-6#FAR_52_244_6 https://www.acquisition.gov/far/52.253-1#FAR_52_253_1 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/4.1403#FAR_4_1403 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.222-20#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1408#FAR_22_1408 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1303#FAR_22_1303 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222- 6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

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

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (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).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 67) (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, as defined in FAR 2.101 on the date of award of this contract, 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).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

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

https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-6#FAR_52_222_6 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.223-5#FAR_52_223_5 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/23.804#FAR_23_804 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/23.204#FAR_23_204 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/19.502-2#FAR_19_502_2 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/26.404#FAR_26_404 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33

(xx) 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).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

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

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(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):

[Insert one or more Internet addresses]

(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.

https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/47.504#FAR_47_504 https://www.acquisition.gov/far/52.204-21-0#FAR_52_204_21 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/9.405-2#FAR_9_405_2 https://www.acquisition.gov/far/52.211-17#FAR_52_211_17 https://www.acquisition.gov/far/52.247-29#FAR_52_247_29 https://www.acquisition.gov/far/52.247-34#FAR_52_247_34

(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.

FAR 52.225-9, BUY AMERICAN–CONSTRUCTION MATERIALS (OCT 2022)

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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A)The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "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.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2)For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this cause.

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components. (1)The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2)For construction material that does not consist…