NIHOF201800064.pdf

Solicitation No.: NIHOF2201800064 Distributive Antenna System Upgrade Project

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Distributive Antenna System Project, located at the National Institutes of Health’s (NIH) Rocky Mountain Laboratories (RML) in Hamilton, MT, includes the upgrade and expansion of coverage of the distributive antenna system. All work shall be conducted in accordance with the Statement of Work at Section J, List of Documents, Exhibits, and Other Attachments.

ARTICLE B.2. PRICES/COSTS

Item Description Unit Total Price

0001 The contractor shall Lump $_______________________ provide all necessary Sum items to design, provide, install, test, and commission a wideband DAS in several buildings in the NIH/RML Campus. (See Statement of Work)

0002 Additive/Deductive Line Item

T-Mobile, as detailed in the Lump $_______________________ Statement of Work. Sum

Total $_______________________

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 Statement of Work/Specifications 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 and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

FAR 52.246-12 Inspection of Construction (APR 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:

9 Months from issuance of “Notice to Proceed”

ARTICLE F.2 PERFORMANCE CLAUSES

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 each task order issued under the 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 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; (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 Engineer Project Superintendent Contract Administrator 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 and resulting task orders 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 (JUN 1998)

This contract incorporates the following 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.

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

CLAUSES

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 52.236-26 Preconstruction Conference (FEB 1995)

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: MT100061 dated 06/29/2018.

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 (JUN 1998)

This contract incorporates the following 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.

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

CLAUSES

FAR 52.202-1 Definitions (NOV 2013) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP

2006) FAR 52.203-7 Anti-Kickback Procedures (MAY 2014) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (OCT 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights (APR 2014) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation (JAN 2017)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

FAR 52.204-13 System for Award Management Maintenance (OCT 2016) FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016) FAR 52.204-22 Alternative Line Item Proposal (JAN 2017) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

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

CLAUSE (Continued)

FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (JUL 2013) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations (NOV 2015) FAR 52.215-2 Audit and Records—Negotiation (OCT 2010) 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 (NOV 2016) FAR 52.219-14 Limitations on Subcontracting (JAN 2017) 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 – Overtime

Compensation (MAY 2018) 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) 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 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for

Construction (APR 2015) FAR 52.222-37 Employment Reports on Veterans (FEB 2016) 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 (OCT 2015) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 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 Polies 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)

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

CLAUSES (Continued)

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 52.228-14 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 52.232-16 Progress Payments (APR 2012) Alternate I (MAR 2000) 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 (Jan 2017) 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) 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 52.243-4 Changes (JUN 2007) FAR 52.244-6 Subcontracts for Commercial Items (JUL 2018) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.248-3 Value Engineering – Construction (OCT 2015) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)

(APR 2012) Alternate I (SEP 1996) 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 352.203-70 Anti-Lobbying (December 18, 2015) HHSAR 352.208-70 Printing and Duplication (December 18, 2015) HHSAR 352.222-70 Contractor Cooperation in Equal Employment

Opportunity Investigations (December 18, 2015)

ARTICLE I.2 ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN

FULL TEXT

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems (JUN 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

http://www.ccr.gov/

As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

FAR 52.222-35 Equal Opportunity for Veterans (OCT 2015)

(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 $150,000 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.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

(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.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended.

FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union

Dues or Fees (DEC 2004)

(a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+2+8++%2845%29%20%20AND%20%28%2845%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

http://www.nlrb.gov/

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations;

one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the http://www.olms.dol.gov/

Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

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.

(End of provision)

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. 1. Wage Rate Determination: General Decision Number:

MT1000061dated 06/29/2018.

2. Performance Bond (SF 25)

3. Payment Bond (SF 25-A)

4. Statement of Work

5. RML DAS Project Deliverables, Attachment A

6. Project Past Performance Worksheet, Attachment B

7. PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFEROROS

K.1. CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (JUN 1998)

This contract incorporates the following 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.

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.204-17 Ownership or Control of Offeror (JUL 2016) 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 (NOV 2015) FAR 52.222-38 Compliance with Veterans’ Employment Reporting

Requirements (FEB 2016) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certification (OCT 2015)

FAR 52.236-28 Preparation of Proposals—Construction (OCT 1997)

K.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;

or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290 [insert NAICS code].

(2) The small business size standard is $15M [insert size standard].

(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 certifications 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned…