NND16571098E_Solicitation_Document.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

4200571098

NASA/Armstrong Flight Research Ctr.

P.O. Box 273 M/S 4811-140

Edwards CA 93523-0273

DFRC

NASA Armstrong Flight Research Center

P.O. Box 273 M/S 4811-140 Edwards CA 93523-0273 ATTN: Jenny Staggs, Contract Specialist

Jenny Staggs 661 276-7029 x

03/07/2016

NND16571098E

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Remove and replace B4820 125KVA Uninterruptable Power Supply (UPS)

Offers submitted via mailing services other than U.S. Postal Service such as UPS, FedEx, etc., should be sent to: NASA Armstrong Flight Research Center, Warehouse #6, Building 4876, Edwards, CA 93524

This procurement is a Economically Disadvantaged Women Owned Small Business set-aside that will be awarded competitively.

The magnitude of this project is between $100,000.00 and $250,000.00.

Per FAR 52.236-27, an organized site visit has been scheduled for March 16, 2016.

Technical questions must be submitted in writing not later than March 23, 2016.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

14 120 calendar days and complete it within ________________ ________________ calendar days after receiving

04/07/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

Page 3 of 33 NND16571098E

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 1852.216-78 Firm Fixed Price. (DEC 1988)

Provide all materials, equipment, labor and supervision to complete all work indicated in the Statement of

Work (SOW), specifications, and drawings.

The total firm fixed price of this contract is $ *

* is to be determined upon the results from the bid opening.

(End of clause)

END OF SECTION

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK

The Contractor shall provide the item or services specified in accordance with the following:

Attachment 1 – Statement of Work for Remove and Replace UPS at Substation 3, dated 11/10/2015, 5 pages

Attachment 2 – Specifications for Remove and Replace UPS at Substation 3, 297 pages

Attachment 3 – Floor Plan and Pictures, 4 pages

(End of text)

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SECTION D – PACKAGING AND MARKING

INTENTIALLY LEFT BLANK

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION E

Clause(s) E.2 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by

Reference, of this contract.

E.2 52.246-12 Inspection of Construction. (APR 1996)

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION F

Clause(s) F.2 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by

Reference, of this contract.

F.2 52.211-13 Time Extensions. (SEP 2000)

F.3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days following receipt of a Notice-To-Proceed (NTP).

The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

F.4 52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $411.17 for each calendar day of delay until the work is completed or accepted.

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

Page 8 of 33 NND16571098E

SECTION G - CONTRACT ADMINISTRATION DATA

INTENTIALLY LEFT BLANK

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION H

Clause(s) H.2 through H.4 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses

Incorporated by Reference, of this contract.

H.2 1852.223-70 Safety and Health Measures and Mishap Reporting. (DEC 2015)

H.3 1852.242-72 Denied Access to NASA Facilities. (OCT 2015)

H.4 1852.243-72 Equitable Adjustments. (APR 1998)

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PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE -- SECTION I

Clause(s) I.2 though I.101 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses

Incorporated by Reference, of this contract.

I.2 52.203-3 Gratuities. (APR 1984)

I.3 52.203-5 Covenant Against Contingent Fees. (MAY 2014)

I.4 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

I.5 52.203-7 Anti-Kickback Procedures. (MAY 2014)

I.6 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY

2014)

I.7 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

I.8 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

I.9 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (APR 2014)

I.10 52.204-2 Security Requirements. (AUG 1996) - Alternate II (APR 1984)

I.11 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

I.12 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

I.13 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015)

I.14 52.204-13 System for Award Management Maintenance. (JUL 2013)

I.15 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

I.16 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors

Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

I.17 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

I.18 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

I.19 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

I.20 52.219-8 Utilization of Small Business Concerns. (OCT 2014)

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I.21 52.219-14 Limitations on Subcontracting. (NOV 2011)

I.22 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

I.23 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns. (DEC 2015)

I.24 52.222-3 Convict Labor. (JUN 2003)

I.25 52.222-6 Construction Wage Rate Requirements. (MAY 2014)

I.26 52.222-7 Withholding of Funds. (MAY 2014)

I.27 52.222-8 Payrolls and Basic Records. (MAY 2014)

I.28 52.222-9 Apprentices and Trainees. (JUL 2005)

I.29 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

I.30 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.31 52.222-12 Contract Termination - Debarment. (MAY 2014)

I.32 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations.

(MAY 2014)

I.33 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.34 52.222-15 Certification of Eligibility. (MAY 2014)

I.35 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY

2014)

I.36 52.222-21 Prohibition of segregated facilities. (APR 2015)

I.37 52.222-26 Equal Opportunity. (APR 2015)

I.38 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I.39 52.222-35 Equal Opportunity for Veterans. (OCT 2015)

I.40 52.222-37 Employment Reports on Veterans. (OCT 2015)

I.41 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

I.42 52.222-50 Combating Trafficking in Persons. (MAR 2015)

I.43 52.222-54 Employment Eligibility Verification. (OCT 2015)

I.44 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)

I.45 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013)

I.46 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

Page 12 of 33 NND16571098E

I.47 52.223-6 Drug-Free Workplace. (MAY 2001)

I.48 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts. (MAY 2008)

I.49 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

I.50 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

I.51 52.227-1 Authorization and Consent. (DEC 2007)

I.52 52.227-2 Notice of Assistance Regarding Paten and Copyright Infringement. (DEC 2007)

I.53 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

I.54 52.227-11 Patent Rights – Ownership by the Contractor. (MAY 2014)

I.55 52.228-2 Additional Bond Security. (OCT 1997)

I.56 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

I.57 52.228-11 Pledges of Assets. (JAN 2012)

I.58 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

I.59 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

I.60 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

I.61 52.229-3 Federal, State, and Local Taxes. (FEB 2013)

I.62 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

I.63 52.232-17 Interest. (MAY 2014)

I.64 52.232-23 Assignment of Claims. (MAY 2014)

I.65 52.232-27 Prompt payment for construction contracts. (MAY 2014)

I.66 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

I.67 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

I.68 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

I.69 52.233-1 Disputes. (MAY 2014)

I.70 52.233-3 Protest after Award. (AUG 1996)

I.71 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

I.72 52.236-2 Differing Site Conditions. (APR 1984)

I.73 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

I.74 52.236-5 Material and Workmanship. (APR 1984)

Page 13 of 33 NND16571098E

I.75 52.236-6 Superintendence by the Contractor. (APR 1984)

I.76 52.236-7 Permits and Responsibilities. (NOV 1991)

I.77 52.236-8 Other Contracts. (APR 1984)

I.78 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

I.79 52.236-10 Operations and Storage Areas. (APR 1984)

I.80 52.236-11 Use and Possession Prior to Completion. (APR 1984)

I.81 52.236-12 Cleaning Up. (APR 1984)

I.82 52.236-13 Accident Prevention. (NOV 1991)

I.83 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)

I.84 52.236-14 Availability and Use of Utility Services. (APR 1984)

I.85 52.236-15 Schedules for Construction Contracts. (APR 1984)

I.86 52.236-17 Layout of Work. (APR 1984)

I.87 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

I.88 52.236-26 Preconstruction Conference. (FEB 1995)

I.89 52.242-13 Bankruptcy. (JUL 1995)

I.90 52.242-14 Suspension of Work. (APR 1984)

I.91 52.243-4 Changes. (JUN 2007)

I.92 52.244-6 Subcontracts for Commercial Items. (DEC 2015)

I.93 52.246-21 Warranty of Construction. (MAR 1994)

I.94 52.248-3 Value Engineering - Construction. (OCT 2015)

I.95 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate

I (SEP 1996)

I.96 52.249-10 Default (Fixed-Price Construction). (APR 1984)

I.97 52.253-1 Computer Generated Forms. (JAN 1991)

I.98 1852.215-84 Ombudsman. (NOV 2011)

I.99 1852.203-71 Requirement to Inform Employees of Whistleblower Rights. (AUG 2014)

I.100 1852.232-79 Payment for On-Site Preparatory Costs. (SEP 1987)

I.101 1852.237-73 Release of Sensitive Information. (JUN 2005)

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I.102 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.

I.103 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

(MAY 2008)

(a) Definitions. As used in this clause-

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to:

ATTN: Mr. Brian G. Bowman, Contracting Officer

P.O. Box 273, M/S: 4811 Room 140

Edwards, CA 93523-0273

I.104 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, Page 15 of 33 NND16571098E without modification, in the same form in which it is sold in the commercial marketplace; and

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

Construction material means an article, material, or supply brought to the construction site by the

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

Cost of components means-

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

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

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

Domestic construction material means-

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

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

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).

The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

(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-

Page 16 of 33 NND16571098E

(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.

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(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 or Balance of Payments Program.

(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 Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________

Domestic construction material ________ ________ ________

Item 2:

Foreign construction material ________ ________ ________

Domestic construction material ________ ________ ________

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

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

Include other applicable supporting information.

I.105 52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

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I.106 52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the

Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

(b) Weather conditions are approximately as listed below but each bidder should satisfy himself before submitting his bid, as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from the National Weather Service.

The climate of the base is characterized by hot, dry summers, and cool, slightly moist winters. Mean annual precipitation is less than 125mm. Most precipitation comes as light rainfall during the winter months. Light snowfalls of a 50mm are not uncommon and heavy snow rarely occurs. Thunderstorms occasionally bring brief but heavy rains in late summer. Temperatures between 35 and 45 degrees C are common in summer. Winter temperatures may drop well below freezing. Both winter and summer are characterized by wide fluctuations between daytime and nighttime temperatures brought on by the generally low humidity of the desert. Strong southwesterly winds are common particularly in spring and early summer.

Moderate to strong easterly Santa Ana winds are common in the fall and winter. The frost-free season is quite variable, but on the average it ranges from 200 to 250 days.

(c) Transportation facilities N/A.

(d) The natural soils consist predominantly of older alluvial sediments deposited by river and stream action.

About 300 mm of loose native fill covers the NASA/AFRC site, consisting of silty sand and sand, tan.

I.107 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):

Federal Acquisition Regulation (FAR) clauses: http://www.acqnet.gov/far/

NASA FAR Supplement (NFS) clauses: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

I.108 52.252-6 Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any NASA Federal Acquisition Regulation Supplement (48

CFR Chapter 18) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.109 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB 2012)

Page 19 of 33 NND16571098E

(a) Definition - "China" or "Chinese-owned company" means the People's Republic of China, any company owned by the People's Republic of China or any company incorporated under the laws of the People's

Republic of China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chinese-owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.

(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.

Page 20 of 33 NND16571098E

PART III – LIST OF DOCUEMTNS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachment No. No. of Pages Title

Statement of Work for Remove and Replace

UPS at Substation 3, dated 11/10/2015

Specifications for Remove and Replace UPS at

Substation 3

Floor Plan and Pictures

General Wage Decision Number: CA160031, dated 03/04/2016

AFRC form 10735, Visit Request – U.S.

Citizens

Page 21 of 33 NND16571098E

PART IV – REPRESENTATION AND INSTUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015)

K.2 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

K.3 52.204-8 Annual Representations and Certifications. (JAN 2016)

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

237130.

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

(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) 52.204-3, Taxpayer Identification. This provision applies to solicitations

Page 22 of 33 NND16571098E that do not include 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.

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(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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 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 Certifications.

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 representations or certifications are applicable as indicated by the

Contracting Officer:

(Contracting Officer check as appropriate.)

[X] (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.

Page 24 of 33 NND16571098E

[] (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 No.

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.

K.4 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA--REPRESENTATION

(FEB 2012)

(a) Definition - "China" or "Chinese-owned" means the People's Republic of China, any company owned by the People's Republic of China or any company incorporated under the laws of the People's Republic of

China.

(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 536, restrict NASA from contracting to participate, collaborate, or coordinate bilaterally in any way with China or a Chinese-owned company with funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are excepted from the prohibition as they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.

(c) Representation. By submission of its offer, the offeror represents that the offeror is not China or a

Chinese-owned company.

K.5 1852.209-75 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION FEB 2012)

(a) In accordance with sections 544 and 543 of The Consolidated and Further Continuing Appropriation

Act of 2012 (Pub. L.112-55), none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the

Government; or

Page 25 of 33 NND16571098E

(2) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the

Government.

(b) The offeror represents that

(1) It is [ ] is not [ ] a corporation that has had any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent acting on behalf of the corporation convicted, of a felony criminal violation under a Federal law within the preceding 24 months.

K.6 1852-209.74 CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX

FILING and FEDERAL INCOME TAX VIOLATIONS. (DEVIATION FEB 2012)

(a) In accordance with section 527 of The Consolidated and Further Continuing Appropriation Act of

2012 (Pub. L.112-55) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5 Million unless the prospective contractor certifies in writing to NASA that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal revenue

Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror's proposal shall include a signed written certification as follows--

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the

Internal revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue

Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________

(End of Provision)

K.7 1852.209-73 REPRESENTATION BY OFFERORS THAT THEY ARE NOT THE

ASSOCIATION of COMMUNITY ORGANIZATIONS for REFORM NOW (ACORN) or a

Page 26 of 33 NND16571098E

SUBSIDIARY of ACORN (DEVIATION FEB 2012)

(a) In accordance with section 534 of The Consolidated and Further Continuing Appropriation Act of

2012 (Pub. L.112-55) none of the funds made available by the Act may be distributed to the Association of

Community Organizations for Reform Now (ACORN) or its subsidiaries.

(b) The offeror represents, by submission of its offer, that it is not the Association of Community

Organizations for Reform Now (ACORN) or a subsidiary thereof.

Page 27 of 33 NND16571098E

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.204-7 System for Award Management. (JUL 2013)

L.2 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

L.3 52.214-3 Amendments to Invitations for Bids. (DEC 1989)

L.4 52.214-4 False Statements in Bids. (APR 1984)

L.5 52.214-5 Submission of Bids. (MAR 1997)

L.6 52.214-6 Explanation to Prospective Bidders. (APR 1984)

L.7 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999)

L.8 52.214-18 Preparation of Bids - Construction. (APR 1984)

L.9 52.214-34 Submission of Offers in the English Language. (APR 1991)

L.10 52.214-35 Submission of Offers in U.S. Currency. (APR 1991)

L.11 1852.214-70 Caution to Offerors Furnishing Descriptive Literature. (DEC 1988)

L.12 1852.233-70 Protests to NASA. (DEC 2015)

L.13 52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firmed Fixed Price contract resulting from this solicitation.

L.14 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

L.15 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

Page 28 of 33 NND16571098E

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

19.1 percent

Goals for Female Participation for Each Trade

6.9 percent

These goals are applicable to all the Contractor's construction work performed in the covered area.

If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in

41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance

Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the

Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

California, Kern County, Edwards Air Force Base, NASA Neil A. Armstrong Flight Research

Center.

L.16 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).

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(b) Requests for determinations of…