RFP 12905B23R0007 - Albany CA Fire Alarm System Replacement - FINAL.pdf

RFP 12905B23R0007

Fire Alarm System Replacement – Albany, CA

CONTINUATION OF SF1442

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Wester Regional Research Center

Albany, CA

B.1 PRICE SCHEDULE

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(b) Offers are subject to the terms and conditions of this solicitation.

(c) Definitions:

a. CLIN – Contract Line Item Number.

PRICE SCHEDULE

CLIN Supplies or Service Quantity and

Unit of Issue

Unit Price Amount

0001 Main Building For the lump sum of $

0002 Option – West Annex For the lump sum of $

0003 Option – Wool Building For the lump sum of $

0004 Option – Service Building For the lump sum of $

0005 Option – Quarantine & Greenhouse For the lump sum of $

TOTAL FOR PRICE SCHEDULE: $_______________

End of Section B

SECTION C – DESCRIPTION/SPECIFICATIONS

End of Section C

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

End of Section D

SECTION E – INSPECTION AND ACCEPTANCE

Clause Title Date

FAR 52.246-12 Inspection of Construction AUG 1996

AGAR 452.246-70 Inspection and Acceptance FEB 1998

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at:

USDA, ARS, Western Regional Research Center

800 Buchanan St, Albany CA 94701

Acceptance will be performed at: See (b) above.

E.1 FINAL INSPECTION

(a) A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or

Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of re-inspection when material and workmanship are not ready at the time specified by the

Contractor for its inspection.

(b) The contractor shall give the Contracting Officer ten (10) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

(c) The Contractor's request for final inspection will not be approved unless all documentation required below, and all other contract requirements have been provided to the Contracting

Officer:

-Guarantees and warranty schedule and contacts

-Certified payroll records for all prime and subcontractor employees

(d) As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The

Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

E.2 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the

Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee

End of Section E

SECTION F – DELIVERIES OR PERFORMANCE

The Contractor shall be required to

(a) commence work under this contract within 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 365 days from NTP. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

End of Section F

52.211-10 Commencement, Prosecution, and Completion of

Work

APR 1984

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the USDA/ARS/PWA, 800 Buchanan St, Albany, CA, 94710.

G.2 POST-AWARD CONFERENCE

(a) Prior to the Contractor starting work, a post-award conference (as described in FAR

Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at a time/location to be determined.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting

Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

G.3 AUTHORITIES AND DELEGATIONS

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting

Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the

Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the

Contractor's risk.

G.4 CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE (a) Within 14 days after the date of receipt of award, the contractor shall prepare and submit to the Contracting Officer for approval, the original copy of ARS Form 371 (Attachment 3), Construction Progress and

Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372 (Attachment 2), it will be the basis for Requests for Partial

Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as establishing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor. The need by an offeror for partial or progress payments, when authorized in the payment provisions of this request for proposals, will not be treated as a handicap in making the award.

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U.S. Department of the

Treasury’s Internet Payment Platform System (IPP). The IPP website address is:

https://www.ipp.gov.

Include an ARS Form 372, signed by the ARS program manager or COR in the ‘Recommended for Payment’ block.

https://www.ipp.gov/

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the this clause.

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) within 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.

Invoices shall not include information that would compromise Personally Identifiable

Information, such as full social security numbers, dates of birth, etc.

The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

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 Section G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Clause Title Date

AGAR 452.236-72 Use of Premises NOV 1996

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the

Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the

Contractor.

Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

AGAR 452.236-75 Maximum Workweek – Construction Schedule NOV 1996

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

A schedule as required by FAR clause 52.236-15 Schedules for Construction Contracts – APR

1984 and The hours (including the daily starting and stopping times) and days of the week the

Contractor proposes to carry out the work. The maximum workweek that will be approved is

8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

End of Section H

SECTION 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 address:

http://acquisition.gov

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government

Alternate I – JUN 2020

JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

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

52.203-12 Limitation on Payment to Influence Certain Federal Transaction JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989

52.204-2 Security Requirements

Alternate II - APR 1984

MAR 2021

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content MAY 2011

52.204-9 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-14 Service Contract Reporting Requirements OCT 2016

52.204-18 Commercial and Government Entity Code AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered

Entities

NOV 2021

52.204-25 Prohibition of Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.208-9 Contractor Uses of Mandatory Sources of Supply or Services MAY 2014

52.209-6 Protecting the Governments Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

NOV 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 http://acquisition.gov/

52.215-8 Order of Precedence – Unifor Contract Format OCT 1997

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.219-8 Utilization of Small Business Concerns OCT 2022

52.219-28 Post-Award Small Business Program Representation OCT 2022

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-4 Contract Work Hours and Safety Standards – Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records JUL 2021

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1998

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 1998

52.222-15 Certification of Eligibility MAY 2014

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

JUN 2020

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2020

52.222-50 Combating Trafficking in Person NOV 2021

52.222-54 Employment Eligibility Verification MAY 2022

52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

52.223-5 Pollution Prevention and Right to Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substance and High Global Warming Potential

Hydrofluorocarbons

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-designated Items in Service

And Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

JUN 2020

52.223-20 Aerosols JUN 2016

52.223-21 Foams JUN 2016

52.225-5 Trade Agreements DEC 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity JUN 2020

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.228-12 Prospective Subcontractors Requests for Bonds DEC 2022

52.228-14 Irrevocable Letter of Credit NOV 2014

52.228-15 Performance and Payment Bonds – Construction JUN 2020

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014

52.232-16 Progress Payments NOV 2021

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer – System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Contracts MAR 2023

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

52.236-1 Performance of Work by the Contractor APR 1984

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 NOV1991

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 NOV1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction

Alternate I – APR 1984

FEB1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-1 Changes – Fixed Price

Alternate I – APR 1984

APR 1984

52.243-4 Changes JUN 2007

52.244-2 Subcontracts JUN 2020

52.244-5 Competition in Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Products and Commercial Services MAR 2023

52.245-9 Use and Charges APR 2012

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2020

52.249-2 Termination for Convenience of the Government (Fixed-Price)

Alternate I (SEP 1996)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

52.217-7 Option for Increased Quantity-Separately Priced

Line Item

MAR 1989

The Government may require the delivery of the numbered line item, identified in the

Schedule as an option item, in the quantity and at the price stated in the Schedule. The

Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.219-14 Limitations on Subcontracting

OCT 2022

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

B.1 (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

B.2 (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are— https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504

B.3 (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

B.4 (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/subpart-19.8#FAR_Subpart_19_8 https://www.acquisition.gov/far/subpart-19.13#FAR_Subpart_19_13 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 https://www.acquisition.gov/far/subpart-19.15#FAR_Subpart_19_15 https://www.acquisition.gov/far/19.504#FAR_19_504

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.222-35 Equal Opportunity for Veterans JUN 2020

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran,"

"disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

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

Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

The contractor shall report to the environmental point of contact, with a copy to the

Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the contractor during the previous fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and at the end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang

Karen.Zhang@dm.usda.gov

Phone: 202-401-4747

• Biobased reporting shall completed by following the instructions provided in the

System for Award Management (SAM).

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 the Contracting Officer.

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for

Federal Contractors - DEVIATION

OCT 2021

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands;

and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and

Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate

COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the

Federal Register on September 14, 2021, 86 FR 50985).

(c ) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce

Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(e) OMB guidance. (Effective Dec. 1, 2021)

For existing contracts and contract-like instruments (hereinafter “contracts”), including extensions and renewals, that are performed at least in part in Kentucky, Ohio, and/or

Tennessee:

If the contract includes a clause requiring compliance with guidance issued by the Safer

Federal Workforce Task Force (“Task Force guidance”), the administering agency must take no action to enforce that clause and should inform the contractor that the clause will not be enforced absent further notice from the agency.

If the contract or order does not include a clause requiring compliance with Task Force guidance, the administering agency must refrain from attempting to insert such a clause into the document. The agency should not ask that the contractor voluntarily agree to the insertion of such a clause.

For existing solicitations for services that may be performed at least in part in Kentucky, Ohio, and/or Tennessee:

If the solicitation includes a provision that would require compliance with Task Force guidance, the issuing agency shall issue a solicitation amendment either removing that provision or providing that the provision would not be enforced in contracts subject to the court order. The agency should comply with all applicable legal requirements for full and open competition.

If the solicitation contains no clause requiring compliance with Task Force guidance, the agency shall not seek to add one, unless it provides that the provision would not be enforced in contracts subject to the court order.

For future solicitations, contracts, and orders that may be performed at least in part in

Kentucky, Ohio, and/or Tennessee:

Absent further direction from OMB, agencies shall not include a clause requiring compliance with Task Force guidance in new solicitations, contracts, or orders, including extensions or renewals, that may be performed at least in part in Kentucky, Ohio, and/or Tennessee, unless the clause provides that it would not be enforced in contracts or orders subject to the court order. In some cases, agencies may be unable to determine in advance whether work under a given solicitation will be performed in any of those states. In those cases, the solicitation must not include a clause requiring compliance with Task Force guidance, unless the clause provides that it would not be enforced in contracts or orders subject to the court order.

For existing and future contracts and orders, including extensions and renewals, that are known to be performed entirely outside of Kentucky, Ohio, and/or Tennessee:

No change in approach is required. The court order applies only to contracts that are performed at least in part in Kentucky, Ohio, or Tennessee. If contracting officers or other cognizant agency personnel are unsure whether performance on a given contract takes place at least in part in one of those three states, they should immediately request that information from the contractor. If still in doubt, they should treat the contract as if it is being performed at least in part in Kentucky, Ohio, and/or Tennessee, and follow the guidance above.

(End of clause)

52.225-9 Buy American – Construction materials OCT 2022

(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 Federal

Acquisition Regulation (FAR) 2.101);

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

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

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the

United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

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

Domestic construction material means—

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

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

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

(A)The cost of its components mined, produced, or manufactured in the United States exceeds

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

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

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

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

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

Foreign iron and steel means iron or steel products not produced in the United States.

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR

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

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

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i)The cost of domestic construction material would be unreasonable.

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

(1)The cost of a particular domestic construction material subject to the requirements of the

Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

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

(3)The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of

January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

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

(2)For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting

Officer will treat the lowest foreign offer of construction material that is manufactured in the

United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3)The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January

1, 2030.

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (dollars)*

Item1:

Foreign construction material

Domestic construction material

Item2:

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.]

52.228-11 Individual Surety—Pledge of Assets FEB 2021

(a)The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond—

(1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2)Standard Form 28, Affidavit of Individual Surety. [, except that the words

“being duly sworn, depose and say” on the Standard Form 28 are replaced with the word

“affirm” and the Standard Form 28 is not required to be sworn and notarized in block

12]

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)).

For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause.

Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)).

For the full contract performance period plus 1 year.

https://www.acquisition.gov/far/28.203-1#FAR_28_203_1 https://www.acquisition.gov/far/28.102-1#FAR_28_102_1 https://www.acquisition.gov/far/28.102-1#FAR_28_102_1

(3)Other contracts not subject to the requirements of paragraph (c)(1) of this clause.

For 90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

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