RFP_NIHOF2015078.pdf

Solicitation No.: NIHOF2015078 NIH/RML Post Frame Vehicle Storage Building

PART I - THE SCHEDULE

SECTION B - Supplies or Services and Price/Costs SECTION C - Description/Specifications/Work Statement SECTION D - Packaging, Marking and Shipping SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

PART II - CONTRACT CLAUSES

SECTION I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors SECTION L – Instructions, Conditions, and Notices to Offerors SECTION M – Evaluation Factors for Award http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23B http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23C http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23D http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23E http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23F http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23G http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23H http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23I http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM%23J

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Vehicle Storage Building, located at the National Institutes of Health’s (N.I.H.)

Rocky Mountain Laboratories (R.M.L.) in Hamilton, MT, includes the construction of a new post-frame, insulated, metal-sided vehicle storage building and appurtenances. This Building will be a 36’x40’ (1,440 ft2) with 14’ high walls with an overhang covered area on one side. The building shall have reinforced concrete floor, two 12’x12’ power operated overhead doors, two personnel doors, windows, natural gas unit heaters, LED lighting and a bathroom with slop sink. It also includes a 36’x30’ reinforced concrete apron, door stoops, bollards to protect the doorways and underground utility work including electrical feeders in conduit, water service line, sewer service lines, and natural gas line. The primary purpose of the building is to serve as a storage building for two large trucks that are part of the hazardous response unit. All work on the NIH/RML Post Frame Vehicle Storage Building Project, shall be in performed in accordance with the statement of work attached at Section J, List of Documents, Exhibits, and Other Attachments.

ARTICLE B.2. PRICES/COSTS

ADDITIVE OR DEDUCTIVE ITEMS (DEC 1991)

(a) The low offeror and the items to be awarded shall be determined as follows-

(1) The Government will determine the amount of funds available for the project.

(2) The low offeror shall be the Offeror that-

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base bid item, plus or minus those additive or deductive items that provide the most features within the funds determined available.

(3) The Contracting Officer shall evaluate all bids on the basis of the same additive or deductive items.

(i) If adding other item(s) in from the bid schedule list would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the another item from the bid schedule; and

(ii) Add that another item if an award may be made that includes that item and is within the available funds.

(b) The Contracting Officer will the bid schedule to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if-

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror's price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example. The amount available is $100,000. Offeror A's base bid and four additives (in the order stated in the list of priorities in the bid Schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B's base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A's bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.

(End of provision)

NIH/RML Post Frame Vehicle Storage Building Project

Description Prices/Costs

NIH/RML Post Frame Vehicle Storage Building Project See attachment at Section J

SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the work as contained in the statement of work referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION D--PACKAGING, MARKING AND SHIPPING

THERE ARE NO CLAUSES OR PROVISIONS INCLUDED IN THIS SECTION.

SECTION E--INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and construction services to be delivered under the contract. The contract will identify who will perform inspections and where the inspections will be performed.

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)

FAR 52.246-12 Inspection of Construction (Aug 1996)

SECTION F--DELIVERIES OR PERFORMANCE

ARTICLE F.1. DELIVERIES

Satisfactory performance of the contract shall be deemed to occur upon completion and acceptance by the Contracting Officer.

ARTICLE F.1. PERIOD OF PERFORMANCE

The period of performance shall be as described below:

120 Days from issuance of “Notice to Proceed”

ARTICLE F.2 PERFORMANCE CLAUSES

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 this/these address (es):

_________www.acquisition.gov___________________

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr

1984) (Alternate I) (Apr 1984) FAR 52.242-14 Suspension of Work (APR 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

The Government's Project Officer(s) will be identified for this contract.

The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work/specifications and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work/specifications; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

ARTICLE G.2. KEY PERSONNEL

Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract:

Project Manager Project Superintendent Quality Control Manager Site Safety Officer

ARTICLE G.3. INVOICE SUBMISSION

The Contractor shall also follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment. Invoices under this contract will be forwarded through the Project Officer and Contracting Officer for invoice review and approval. All invoices will contain the following information:

a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or task orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.

The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309-05). The only parameters for the invoice number are that it must be limited to 30 characters. There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.

If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example:

8675309-05R).

b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.

c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we have seen in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.

d. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF

e. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required, the e-mail addresses may vary among and within the Office of Acquisition at the NIH, and are used to route the invoices to the proper office for processing.

f. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the contractor.

g. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.

h. Invoice Coordination: It is required that the contractor coordinate the amount he/she intents to bill for any period of construction services with the Project Officer and Contracting Officer. It is further required that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The Project officer shall then send the invoice containing the Project Officer’s signature to the Contracting Officer for approval of payment.

The Contracting Officer will then forward the approved invoice to the Accounts Payable Office.

i. Invoice Matching Requirements: Identification of whether payment is to be made using a two-way or three-way match. This contract and resulting task orders require a Three-Way match.

j. Final Payment Instructions: The Contractor shall certify final payment with the following statement: “This is the final payment. No additional charges or invoices shall be submitted.” Also, the Contractor must submit a “Contractor’s Release of all Contracts” (NIH 2582) along with the final request for payment.

ARTICLE G.4. PAYMENT INQUIRIES

Inquiries regarding payment of invoices should be directed to the Accounts Payable Office, (301) 496-6088. It is recommended that contractors visit the following Silk Site to inquire about their individual invoices after a reasonable time has passed.

https://silk.nih.gov/adb/billpay

ARTICLE G.5. POST AWARD EVALUATION OF PAST PERFORMANCE

A final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.

https://silk.nih.gov/adb/billpay

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

________www.acquisition.gov____________________

FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work

(Apr 1984) FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-13 Accident Prevention (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services (Apr 1984) FAR 52.236-15 Schedules for Construction Contracts (Apr 1984) FAR 52.236-17 Layout of Work (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997)

Alternate I (Apr 1984) FAR 52.236-22 Design within Funding Limitations (Apr 1984) FAR 52.236-23 Responsibility of the Architect-Engineer Contractor (Apr

1984) FAR 52.236-24 Work Oversight in Architect-Engineer Contracts (Apr 1984) FAR 52.326-25 Requirements for Registration of Designers (Jun 2003)

ARTICLE H.1 WAGE RATES

The attached wage determination from the Secretary of Labor, see Section J, shall be incorporated in accordance with statutes for labor standards requirements for contracts over $2,000.00 involving construction. General Decision Number: MT150061 dated 08/07/2015.

ARTICLE H.2. REPORTING MATTERS INVOLVING FRAUD, WASTE AND

ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially.

The e-mail address is Htips@os.dhhs.gov.

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, DC 20026 Information regarding procedural matters can be found with the Office of Management Assessment page.

mailto:Htips@os.dhhs.gov http://www1.od.nih.gov/oma/pi/hotline.html http://www1.od.nih.gov/oma/pi/hotline.html

SECTION I--CONTRACT CLAUSES

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

________www.acquisition.gov____________________

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES

FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.204-7 Central Contractor Registration (Dec 2012) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan

2011) FAR 52.204-10 Reporting Executive Compensation and First Tier Subcontract

Awards (Jul 2013) FAR 52.204-13 System for Award Management Maintenance (Jul 2013) FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (Aug 2013)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

FAR 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (May 2015)

FAR 52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) FAR 52.219-8 Utilization of Small Business Concerns (Oct 2014) FAR 52.219-28 Post-Award Small Business Program Representation

(Jul 2013) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-4 Contract Work Hours and Safety Standards Act—Overtime

Compensation (May 2014) FAR 52.222-6 Construction Wage Rate Requirements (May 2014) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (May 2014) FAR 52.222-9 Apprentices and Trainees (Jul 2005)

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES (Continued)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination – Debarment (May 2014) 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) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-20 Contracts for Materials, Supplies, Articles and Equipment

Exceeding $15,000 (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Apr 2015) FAR 52.222-27 Affirmative Action Compliance Requirements for

Construction (Apr 2015) FAR 52.222-37 Employment Reports on Veterans (Jul 2014) FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.222-54 Employment Eligibility Verification (Aug 2013) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) FAR52.223-5 Pollution Prevention and Right-to-Know Information (May

2011) Alternate I (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (Aug 2011) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-4 Patent Indemnity – Construction Contracts (Dec 2007) FAR 52.228-2 Additional Bond Security (Oct 1997) FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) FAR 52.228-11 Pledges of Assets (Jan 2012) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) FAR 52.228-13 Alternative Payment Protections (July 2000) FAR 52.228-14 Irrevocable Letter of Credit (Nov 2014) FAR 52.228-15 Performance and Payment Bonds – Construction (Oct 2010) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (May

2014) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (May 2014) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management (Jul 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES (Continued)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-1 Disputes (May 2014) – Alternate I (Dec 1991) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.236-26 Preconstruction Conference (Feb 1995) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-14 Suspension of Work (Apr 1984) FAR 52.243-5 Changes and Changed Conditions (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Items (Apr 2015) FAR 52.246-21 Warranty of Construction (Mar 1994) Alternate I (Apr 1984) FAR 52.248-3 Value Engineering – Construction (Oct 2010) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)

(Apr 2012) Alternate I (Sep 1996) FAR 52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991)

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

HHSAR 352.202-1 Definitions (Jan 2006) HHSAR 352.203-70 Anti-Lobbying (Jan 2006) HHSAR 352.215-1 Instructions to Offerors – Competitive Acquisitions HHSAR 352.215-70 Late Proposals and Revisions (Jan 2006) HHSAR 352.222-70 Contractor cooperation in equal employment opportunity investigations (Jan 2010) HHSAR 352.223-70 Safety and Health (Jan 2006) HHSAR 352.231-71 Pricing of Adjustments (Jan 2001) HHSAR 352.233-70 Litigation and Claims (Apr 1984) HHSAR 352.242-70 Key Personnel (Jan 2006) HHSAR 352.242-71 Tobacco-Free Facilities (Jan 2006) HHSAR 352.242-73 Withholding of Contract Payments (Jan 2006) HHSAR 352.242-74 Final Decision on Audit Findings (Apr 1984) HHSAR 352.270-1 Accessibility of Meetings, Conferences, and Seminars to

Persons with Disabilities (Jan 2001)

ARTICLE I.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN

FULL TEXT

FAR 52.222-35 Equal Opportunity for Veterans (Jul 2014)

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

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

FAR 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.225-9 Buy American–Construction Materials (May 2014)

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

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

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

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

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

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

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

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

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

“Cost of components” means--

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 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:

______ [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. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.225-10 Notice of Buy American Requirement--Construction Materials

(May 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

FAR 52.252-4 Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

________As shown_______

PART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

1. Scope of Work, RML Vehicle Storage Garage

2. RML Post Frame Vehicle Storage Building Drawings

3. RML Post Frame Vehicle Storage Building Specifications

4. Section B, Bid Schedule

5. Wage Rate Determination: General Decision Number: MT150061 dated

08/07/2015.

6. Performance Bond (SF 25)

7. Payment Bond (SF 25-A)

8. Contractor Health & Safety Requirements

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFEROROS

K.1. CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

___www.acquistion.gov_________________________

FAR 52.204-17 Ownership or Control of Offeror (Nov 2014) FAR 52.204-19 Incorporation by Reference of Representations and

Certifications (Dec 2014) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations – Representation (Dec 2014) FAR 52.222-23 Notice of Requirements for Affirmative Action to Ensure

Equal Employment Opportunity for Construction (Feb 1999) FAR 52.222-38 Compliance with Veterans’ Employment Reporting

Requirements (Sep 2010) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representations and Certifications (Dec 2012)

FAR 52.236-28 Preparation of Proposals – Construction (Oct 1997)

K.2. Solicitation Provisions Incorporated in Full Text

FAR 52.204-8 Annual Representations and Certifications (Dec 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is _236210_.

(2) The small business size standard is _$36.5 M_.

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

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

FAR 52.219-1 Small Business Program Representations (Oct 2014)

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

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

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

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

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

“Women-owned small business concern” means a small business concern--

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is _236220.

(2) The small business size standard is _$36.5 M.

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

(c) Representations.

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

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that—

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