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P17PS01045
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
04/26/2017
1 48
601 Riverfront Drive Omaha NE 68102
NPS, MWR - MWRO MABO
07/31/2017
402 661-1698Nicholas Murray
05/19/2017 1400 CT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
PROJECT TITLE: Ranger Office Electrical and Data Modification, BRVB
The National Park Service, Midwest Region Major Acquisition Buying Office (MABO), is requesting quotes to provide power, data, and phone connections to 2nd floor office space at Brown v.
Board NHP.
The work requires the contractor to provide power, data, and phone connections to 2nd floor office space. The current configuration for power, data, and phone do not accommodate the office space configuration. This project will utilize 6 tele-power poles to accommodate the office configuration.
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 48
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
P17PS01045
This procurement is 100% Small Business set-aside and is open to all responsible Small Business sources.
Type of Contract: In accordance with FAR
36.204(a) the Project Magnitude is Less than
$25,000. One (1) Firm-Fixed Price contract will be awarded on a best value basis.
NAICS: 237130 (Power and Communication Line and
Related Structures Construction). The small business standard is $36.5 M.
Contract Period of Performance: Estimated at 60 days
SITE VISIT: : A site visit prior to quote submission is strongly encouraged. The site visit is attentively scheduled for Wednesday, May
3, 2017 at 10am CST.
All questions shall be submitted electronically to nicholas_m_murray@nps.gov no later than 2:00
PM CST, Friday, May 5, 2017. All questions will be answered in one amendment to the solicitation.
Quotes shall be received no later than 2:00 PM, Central Time, Friday, May 19, 2017. Quotes shall be emailed to nicholas_m_murray, hardcopies will not be accepted.
The project is subject to the Davis-Bacon Act:
General Decision Number: KS170063
Superseded General Decision Number: KS20160063
State: Kansas
Construction Type: Building
County: Shawnee County in Kansas.
Bonds will not be required. Insurance will be required for this project.
The Government will award one contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
In order to be awarded a contract an offeror must have a DUNS number, be registered and active in the System for Award Management (SAM), Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 48
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
P17PS01045
http://www.sam.gov, and have completed their
Online Representations and Certifications.
Required quote submission documents::
1.Signed Standard Form 18
2.Section B, Schedule Item Pricing sheet along with itemized breakdown of all costs.
3.All vendor completed sections within the solicitation document and required documents in section L of the solicitation.
4.A estimated project schedule
Please be advised that this requirement may be delayed, cancelled, or revised at any time during the process based on decisions related to the
Department of Interior (DOI) and National Park
Service (NPS).
CONTRACTING POC/BUYER:
Nicholas M Murray, (402)661-1698 nicholas_m_murray@nps.gov
00010 Ranger Office Electrical and Data Modification
Delivery: 07/31/2017
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 4 of 48
A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications
SCOPE OF WORK
E - Inspection and Acceptance
52.246-12 Inspection of Construction. (APR 1996) Interim and Final Inspections:
F - Deliveries or Performance 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 52.211-13 Time Extensions. (SEP 2000)
G - Contract Administration Data Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013) ..10
I - Contract Clauses 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment December 2010 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.222-21 Prohibition of Segregated Facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014) 52.222-37 -- Employment Reports on Veterans (Feb 2016) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
(MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 52.225-9 Buy American - Construction Materials. (MAY 2014) 52.225-10 -- Notice of Buy American Requirement—Construction Materials 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 5 of 48
52.228-05 Insurance - Work on a Government Installation January 1997 52.232-16 Progress Payments. (APR 2012) 52.232-16 Progress Payments. (APR 2012) - Alternate I (MAR 2000) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment October 2008 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-14 Suspension of Work. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form) –Alternate I .35 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.251-1 Government Supply Sources. (APR 2012) 52.252-6 Authorized Deviations in Clauses (1984) 52.253-1 Computer Generated Forms. (JAN 1991) 1452.204-70 Release of Claims – Department of the Interior. (JUL 1996) 1452.228-70 Liability Insurance – Department of the Interior (JUL 1996)
J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders
52.204-8 Annual Representations and Certifications. (DEC 2014) 52.219-1 -- Small Business Program Representations 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-4 Recovered Material Certification. (MAY 2008) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012)
L - Instructions, Conditions, and Notices to Bidders 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.204-7 System for Award Management. (JUL 2013) 52.204-16 Commercial and Government Entity Code Reporting. (JUL 2015) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004)
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 6 of 48
52.216-1 Type of Contract. (APR 1984) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.233-2 Service of Protest. (SEP 2006) 52.236-27 Site Visit (Construction) (FEB 1995) 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior. (APR 1984)..44 General Information Quote Submission Instructions and Limitations Evaluation Factors
M - Evaluation Factors for Award Evaluation Ratings
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 7 of 48
A - Solicitation/Contract Form
B - Supplies or Services/Prices
Each proposed item shall include all cost for materials, labor, expenses, fees, and taxes plus permitting costs, overhead and profit associated with each proposed item to construct the following areas of work in accordance with the contact documents. The unit costs shall include the costs for all construction disciplines (civil, structural, mechanical, electrical, control work, etc.) associated with the work area. In addition to completing the lump sum price proposal below, the offeror shall attach a complete price breakout detailing all unit costs for labor, supervision, material and equipment; the offeror may use their own format.
ITEM DESCRIPTION QUANTITY UNIT PRICE
00010 Ranger Office Electrical 1 Job $___________ and Data Modification.
TOTAL LUMP SUM PRICE $___________
- END OF SCHEDULE –
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 8 of 48
C - Description/Specifications
SCOPE OF WORK
OFFICE ELECTRICAL & DATA MODIFICATION
RANGER OFFICE ROOM 216
BROWN v. BOARD OF EDUCATION NATIONAL HISTORIC SITE
1515 SE MONROE
TOPEKA, KANSAS 66612
Project:
Provide power, data, and phone connections to 2nd floor office space. The current configuration for power, data, and phone do not accommodate the office space configuration. This project will utilize 6 tele-power poles to accommodate the office configuration.
Scope of Work:
Provide all labor and material to perform the following work.
Provide 6 tele-power poles in approximate location shown on drawing “Room 216 Power and Communication Plan”. Exact locations shall be field verified and accepted by the COR prior to install. Each power pole will be ran to its own circuit. Provide a product data sheet for the power poles to be approved by the COR prior to ordering the product.
Each power pole shall provide 2 duplex outlets, 2 data drops and 2 phone line connections. All terminations, connections, and hardware (breakers, outlets, boxes, conduit, wire, fasteners, etc.) are responsibility of the contractor. The power poles shall be installed per the manufactures recommendations and be mechanically fastened at both the ceiling and floor locations.
Provide labeling in the panels to identify power supplied to room 216.
Provide the data and telephone connections to the tele-power poles. Data and telephone cabling shall be routed to room 216 through the attic. The contractor shall utilize the existing cable trays in the attic to route the new cabling. Terminations for data and telephone in room 216 shall be as identified by the COR. Conduit shall be stubbed above the floor into the attic a minimum of 12” to provide the penetration for the cabling.
Provide building ceiling feed power through poles to each cubicle utilizing power whips through existing panels in each cubicle. Use existing panels for data and phone lines.
Electrical and communications wire must be in separate conduit at all penetrations.
Provide Fire caulking around all penetrations into the attic.
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 9 of 48
Contractor will be responsible for removal of any demolition material and construction waste from the site.
All work will be performed by a licensed electrician, following all electrical and fire codes applicable. Install conduit in accordance with NECA 1 Standard for Good Workmanship in Electrical Construction. Install all electrical in accordance with NFPA 70 – National Electrical code.
Brown v. Board of Education National Historic Site is a national historic landmark and care must be given at all times not to damage the historic fabric.
Drawings provided for reference:
See Attachment 1 – “Drawing No. E202” See Attachment 2 – “Drawing No. E203” See Attachment 3 – “Drawing No. E302” See Attachment 4 – “Drawing No. E303” See Attachment 5 – “Drawing No.M103” See Attachment 6 – “Drawing No. Rm216”
(End of Statement of Work)
E - Inspection and Acceptance 52.246-12 Inspection of Construction. (APR 1996)
Interim and Final Inspections:
1. Prior to covering, enclosing, or hiding any type of work, the contractor shall contact the Contracting Officer’s Representative to perform an interim inspection. Failure to contact the COR to perform an interim inspection prior to concealment may result in the Contractor being required to uncover performed work sufficiently to allow for proper inspection.
2. When ready for final inspection, the Contractor shall notify the Contracting Officer and Contracting Officer’s Representative, requesting a final inspection in writing to the Contracting Officer. The final inspection shall normally be requested a minimum of three (3) working days before the desired inspection date or as otherwise negotiated with the Contracting Officer.
3. The final inspection will be on-site with the Contractor, the Contracting Officer’s Representative and the Contrast Specialist/Contracting Officer (when possible).
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 10 of 48
F - Deliveries or Performance
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I
(APR 1984)
The Contractor shall be required to (a) commence work under this contract within ten (10) 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 sixty (60) days after the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-13 Time Extensions. (SEP 2000)
G - Contract Administration Data
Electronic Invoicing and Payment Requirements – Invoicing Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: http://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor’s Invoice, along with any other supporting documentation as stipulated by the Contracting Officer.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3-5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Clause)
SUBMITTALS
1. If required, submittals shall be submitted within ten (10) calendar days of the notice to proceed being issued. This shall include, but not limited to, manufacturer’s instructions, drawings, and samples.
http://www.ipp.gov/ mailto:ippgroup@bos.frb.org
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 11 of 48
2. An electronic copy of the submittal and supporting documents shall be submitted via e-mail to the Contracting Specialist when possible. If the files are too large the contractor shall deliver the submittals via an alternate method of their preference, ensuring delivery within the 10 day time frame.
I - Contract Clauses
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):
https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil
(End of clause)
52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (MAR 2015) (DEVIATION)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of Clause) https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 12 of 48
52.204-13 System for Award Management Maintenance. (JUL 2013)
52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment December 2010
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)
52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract;
and
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 13 of 48
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 237130 (Power and Communication Line and Related Structures Construction) assigned to the subject contract. (Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 14 of 48
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Construction Wage Rate Requirements. (MAY 2014)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (MAY 2014)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations.
(MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of Segregated Facilities. (APR 2015)
52.222-26 Equal Opportunity. (APR 2015)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-35 Equal Opportunity for Veterans (Oct 2015)
52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)
52.222-37 -- Employment Reports on Veterans (Feb 2016)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014)
52.222-62 Paid Sick Leave Under Executive Order 13706.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 15 of 48
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.
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-
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(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;
or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable.
The cost of a particular domestic construction material subject to the requirements of the Buy American 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;
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(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 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:
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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).]
(End of clause)
52.225-10 -- Notice of Buy American Requirement—Construction Materials
(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.
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(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)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.228-05 Insurance - Work on a Government Installation January 1997
52.232-16 Progress Payments. (APR 2012)
The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:
(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.
(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be
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(i) In accordance with the terms and conditions of a subcontract or invoice; and
(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.
(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).
(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:
(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.
(ii) Costs incurred by subs contractors or suppliers.
(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.
(iv) Payments made or amounts payable to subcontractors or suppliers, except for -
(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and
(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.
(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.
(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.
(7) If a progress payment or the unliquidated progress payments exceed the
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 21 of 48 amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.
(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.
(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.
(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.
(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:
(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).
(2) Performance of this contract is endangered by the Contractor's-
(i) Failure to make progress; or
(ii) Unsatisfactory financial condition.
(3) Inventory allocated to this contract substantially exceeds reasonable requirements.
(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.
(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.
(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.
(d) Title. (1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.
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(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.
(i) Parts, materials, inventories, and work in process;
(ii) Special tooling and special test equipment to which the Government is to acquire title;
(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and
(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.
(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.
(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.
(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.
(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-
(i) Delivered to, and accepted by, the Government under this contract; or
(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.
(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.
(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under
P17PS01045 Ranger Office Electrical and Data Modification-BRVB Page 23 of 48 this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).
(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.
(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.
(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.
(3) Each Contractor request for progress payment shall:
(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and
(ii) Include any additional supporting documentation requested by the Contracting Officer.
(h) Special terms regarding default. If this contract is terminated under the Default clause,…
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