RFQ_Open_Market_LPTA_KingBldg12thFloorPaint_August 22 2024_FINAL.pdf

Request for Quotation (RFQ)

Date:

RFQ number:

Quotes due no later than:

Provide quotes to:

26 August 2024

20240801

Thursday, 12 September 2024 at 4:00 PM EST. All questions pertaining to this RFQ are due by 8:00 AM EST on Monday, 9 September 2024.

Stan Peters, Contracting Officer at stan_peters@ca11.uscourts.gov

The United States Court of Appeals for the Eleventh Circuit is requesting quotes for the services described below:

STATEMENT OF WORK (SOW)

1.1 INTRODUCTION:

The wallpaper in the toilet rooms and corridors on the twelfth floor of the James Lawrence King Federal Justice Building needs to be removed and the walls painted.

1.2 OBJECTIVES:

Contractor shall remove the wallpaper, prepare the walls for paint, and paint the walls indicated on the attached drawing.

1.3 SCOPE:

Contractor shall temporarily remove and store all wall art; protect all flooring, wood trim, and adjacent materials; remove light switch covers and label; remove the wallpaper; repair, sand, and prime the walls; paint the walls with a durable scrubbable paint; rehang artwork in original locations;

and reinstall the light switch covers.

1.4 SPECIAL REQUIREMENTS/INFORMATION:

Contractor shall provide the following information with quotation:

1. Evidence of a minimum of five (5) years’ experience. Subcontractors shall each have a minimum of two (2) years’ experience in the construction subtrade of the work being performed.

2. Proof of an active contractor’s license in Alabama, Florida, or Georgia. The contractor shall, without additional expense to the Judiciary, be responsible for obtaining any necessary licenses and permits, and for complying with any federal, state, and municipal laws, codes, and regulations applicable to the performance of the work. This requirement also applies to subcontractors, such as electrical, that require an active contractor’s license for their applicable subtrade.

3. At least three (3) references from similar construction projects that you have completed.

The projects shall be like this project in terms of scope and cost and shall have been completed in a commercial setting. Include client name, contact name, phone number, and email address. Describe the type of work completed, the project cost, the project duration, and whether the project was completed on time. If the project was not completed on time, provide an explanation for delays.

4. Evidence of a Contractor’s Experience Modification Rating (EMR) of 1 or less.

5. A current business credit report from Dun and Bradstreet, Experian, or Equifax. If contractor is a sole proprietorship, partnership, or limited liability company (LLC), a current personal credit report from Transunion, Experian, or Equifax for each principal owner may be substituted for a business credit report.

6. Information requested in Provision 3-5, Provision 3-20, and Clause 7-10 below.

7. Evidence of insurance required by Clause 6-20 below.

2 REQUIREMENTS

The following requirements apply to both the (A) Basic Requirement and the (B) Optional Requirement. Contractor shall price the requirements separately on the Quote Sheet.

A. Basic Requirement: Remove the wallcovering and paint in the following areas:

a. Single occupancy toilet rooms 1, 2, and 3

i. Above tile wainscoting

b. Courtroom reception area

i. Floor to ceiling

c. Multi-occupancy men and women toilet rooms

i. Above tile wainscoting (No existing wallcovering. Paint only.)

d. Public Elevator lobby

i. Floor to ceiling

e. Corridor A

i. Floor to ceiling

f. Vestibule (outside of the multi-occupancy toilet rooms)

i. Floor to ceiling

g. Sitting Nook

i. Floor to ceiling B. Optional Requirement: Remove the wallcovering and paint in the following areas:

a. 1261 Foyer

i. Floor to ceiling

b. Corridor C

i. Floor to ceiling

c. Corridor D

i. Floor to ceiling

d. Corridor E

i. Floor to ceiling

2.1 Contractor shall complete the work as follows:

1. Participate in weekly meetings with the Contracting Officer’s Representative (COR) and other team members, including a pre-construction meeting. Meetings shall be held virtually or in person at the discretion of the COR.

2. Field measure scope area to confirm exact dimensions.

3. Follow all security entrance requirements listed below.

4. Maintain a safe working environment.

5. Provide all materials, tools, and labor needed to complete the job, including ladders and scaffolding. Contractor personnel shall not stand on furniture.

6. Always wear proper personal protective equipment (PPE).

7. Minimize noise, fumes, dust, and disruption.

8. Provide negative air fan/air scrubber during any construction activities that create smells or fumes.

9. Haul away from the building and discard all construction debris and trash.

10. Protect all surfaces along the pathway inside the building between the project area and the elevator.

11. Protect all adjacent surfaces located in or near the work area from damage, including plastic sheet protection on the floor.

12. Remove light switch covers and label to accommodate wallpaper removal.

13. Temporarily relocate artwork and furniture as directed by the COR and return to original locations upon completion of work.

14. Perform work during normal business hours (Normal business hours are Monday through

Friday, 8:30 AM ET to 5:00 PM ET.) unless otherwise specified by the COR. Refer to Section 5 Security Requirements regarding escort requirements.

15. Carefully remove the existing wallpaper taking care to avoid damage to the wall underneath.

a. The entire wall surface includes the area above the floor trim or tile wainscoting, above all door openings, and includes all adjoining soffit areas up to the finished ceiling.

b. Patch and repair all dents and imperfections in the drywall.

c. Mud and sand walls to provide a Level 4 finish.

d. Prime walls to prepare for new paint. Primer shall be compatible with the finish paint.

16. Paint all drywall surfaces in the scope area.

a. Provide a minimum of two coats of tinted paint.

b. Basis of Design:

i. Sherwin Williams Emerald Interior Acrylic Latex Paint

ii. Sheen: Satin

iii. Color: SW 7656 Rhinestone

17. Perform a final cleaning of the work area.

2.2 Samples

The finishes listed as Basis of Design have been coordinated with each other and previously approved. Samples of all finishes shall be presented to a designated on-site reviewer and then sent to the COR via overnight delivery for confirmation and approval. Any proposed “or equal” substitutions shall be clearly noted on the quote sheet along with an explanation for the substitution. These include:

1. Manufacturer paint composition (cut sheets)

2. Paint sample of color and sheen.

2.3 Drawings

Refer to the attached drawing for the approximate scope areas.

3 DELIVERABLES AND ACCEPTANCE CRITERIA

Contractor shall provide the following deliverables to ensure a successful project with minimal disruption to the building occupants.

The COR will review all deliverables for accuracy, quality, and completeness and will provide final acceptance of the work performed. The work shall meet the requirements listed herein and the requirements described in the attached drawings and shall be complete for the work to be occupied or utilized for its intended purpose.

Deliverable: Acceptance Criteria:

Proposed work schedule Within two (2) weeks of award, provide the COR with a proposed work schedule, including sample collection and review, material lead-times, on-site construction activities, and any needed coordination items with building maintenance.

After review by the COR, revise the work schedule to work around court events if necessary.

On-site work On-site work completed within three (3) calendar weeks after all materials are in hand.

Product Data (samples and cutsheets), shop drawings

Submitted before materials are ordered and meets Section 2 requirements.

List of personnel on-site Completed security forms submitted per the requirements in Section 5.

Worker escorting plan Complies with the security requirements in Section 5.

Material removal and delivery plan

Complies with the security requirements in Section 5.

Indoor air quality strategy Addresses any potential odors, fumes, dust, etc.

Daily reports during on-site work

Provide a brief daily email update with photos to the COR.

All labor and material to complete work

Meets Section 2 requirements, manufacturer, and industry standards for material and installation.

New painted drywall finish

Walls shall be smooth with a consistent durable paint finish. There shall not be any paint on adjacent surfaces (wood trim, tile, security wall devices, fire extinguisher cabinets, door trim, etc.)

Final clean and placement of displaced items

All surfaces in the work area shall be free of temporary protection, dust, and dirt. Displaced artwork and furniture shall be returned to the original locations.

Punchlist walk-through and completion of issues identified during the review.

After substantial completion of work, coordinate with the COR on a time to conduct a walk-through with the COR to review the work and note any items that need to be corrected. Complete all punch list items within three (3) business days of walk-through with COR.

Provide written documentation with photos of completed items. The COR will provide acceptance in coordination with Clause 2-20C, Warranty of Services.

Maintenance instructions Provide manufacturer maintenance instructions and warranty and warranties information to the COR.

4 ENVIRONMENT:

LOCATION(S) FOR PERFORMANCE:

1. The scope area is in the James Lawrence King Federal Justice Building located at 99 N.E. Fourth Street, Miami, Florida 33132 in an occupied floor.

4.2 GOVERNMENT FURNISHED PROPERTY

1. The Judiciary will provide access to the work areas requiring service.

2. Contractor shall coordinate on-site work with the COR to maintain access to and from adjacent spaces.

3. Locations near the work areas may have limited access at times but will not be blocked completely. Contractor shall protect all non-affected areas and always keep work area clean and neat. Contractor shall repair any damage done by contractor personnel to existing facilities, furnishings, and finishes at no cost to the Judiciary. Contractor shall notify the COR of the discovery of any prior damage to the property before beginning work.

4. Contractor shall follow directions of building management regarding vehicle parking, storage of materials and equipment, and disposal of trash and construction waste.

Contractor shall move materials into and out of the building through a single leaf metal side door.

4.3 CONTRACTOR FURNISHED MATERIAL

Contractor shall provide all labor and material for this project.

4.4 INDOOR AIR QUALITY

If any part of the work generates odors, fumes, or other airborne contaminants, contractor shall develop an indoor air quality mitigation strategy for review and approval by the COR before starting any work.

4.5 SITE VISIT

A site visit will be held on Thursday, 5 September 2024 at 11:00 AM ET in the James Lawrence King Federal Justice Building located at 99 N.E. Fourth Street, Miami, Florida 33132. Additional site visits will not be held.

Prospective contractors will be given an opportunity to conduct field measurements of the subject area during the site visit.

Please contact Christina Roberts, Contracting Officer’s Representative, at christina_roberts@ca11.uscourts.gov or 404-335-6574 by 10:00 AM ET on Tuesday, 3 September 2024 if you plan to attend the site visit.

mailto:christina_roberts@ca11.uscourts.gov

5 SECURITY REQUIREMENTS

Judiciary contract clauses that pertain to Security are listed in Clause 7-20, Security Requirements (APR 2013). (See Provision B-1 below for link to full text of solicitation provisions and clauses.)

1. Contractor shall complete and return the paperwork provided by the COR for all employees and subcontractors working onsite at least two (2) weeks before the start of work. The required information shall include (1) full name, (2) date of birth, and (3) Social Security number.

2. The contractor shall comply with all escorting requirements during on-site construction activities. All workers shall be accompanied inside the building by an approved escort, which is a Court Security Officer (CSO) hired by the contractor specifically for the project. One CSO may escort a maximum of five (5) workers if escort always maintains visual oversight. A worker does not count towards the maximum if the worker has a General Services Administration (GSA) issued contractor badge. If there are more than 5 unbadged workers, the services of an additional CSO are required.

3. The contractor shall procure and coordinate the services of a CSO to provide escorting services within the office suite and throughout the building during all on-site construction activities. The contractor shall procure and coordinate the services of a CSO through the U.S. Marshals Service (USMS) and the onsite security supervisor. The cost for one CSO is currently $95.99 per hour (business hours and overtime hours) with a 4-hour minimum time block. The COR will provide names and contact information for the USMS and the onsite security supervisor after award.

4. For afterhours work, the services of two (2) CSOs shall be required.

5. The contractor shall comply with all screening requirements for entry into the building, which includes screening of all personnel, bags, tools, and materials.

6. Material movement into and out of the building shall be coordinated with the COR, on-site personnel designated by the COR, the escorting CSO, and any additional contractors working in the building.

(End of Statement of Work)

Using the quote sheet provided herein, email your quote no later than the date and time specified above. Late quotes will not be considered unless the Judiciary determines, at its own discretion, that considering the late quote is in the Judiciary’s best interest and will not unduly delay the procurement.

The Judiciary intends to make an award based on the lowest priced, technically acceptable quote. All items shall be quoted as a fixed price. Payment terms will be considered Net 30 unless more favorable terms are offered.

The period of performance is as indicated below:

The period of performance shall start on the date of award and end within twelve (12) weeks of the date of the award.

The COR will coordinate all work with the contractor. The contractor shall work around the schedule of judiciary staff affected by the on-site construction work. Contractor shall coordinate with the COR in advance to limit loud activities to avoid disturbing court events.

The COR, at their sole discretion, may modify the schedule of work and the end of the period of performance. Changes to the schedule and the end date of the period of performance are not considered modifications of the contract.

The place of performance will be the James Lawrence King Federal Justice Building located at 99 N.E. Fourth Street, Miami, Florida 33132.

Sincerely, Stan Peters Contracting Officer

Attachments: Quote Sheet Terms and Conditions Drawings Wage Determination Wage Rate Requirements (Davis-Bacon Act) Poster (WH-1321)

Quote Sheet for RFQ # 20240801

Instructions for Quoter:

Provide the information requested here and below at Provision 3-5, Provision 3-20, and Clause 7-10:

Company name:

DUNS number or UEI:

Discount terms, if other than Net 30:

Instructions for Quoter:

Fill in the unit price and extended price for each item of your quote and fill in the grand total amount or submit a quote containing all the information requested below on your standard quotation form.

For all quotations submitted, the Judiciary will evaluate the price for the Basic Requirement together with the price for the Optional Requirement. At the Judiciary’s discretion, it may issue an award for the Basic Requirement only or the Basic Requirement and the Optional Requirement.

Basic Requirement: Remove the wallcovering and paint walls in the following areas: Single occupancy toilet rooms 1, 2, and 3; courtroom reception area; multi-occupancy men and women toilet rooms; public elevator lobby; corridor A; vestibule (outside of the multi-occupancy toilet rooms); and sitting nook:

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1. Remove wallpaper, repair and prep walls for paint, and paint walls.

Includes all labor and supplies.

1 Job

2. Services of Court Security Officers (if applicable)

4-hour time block

$383.96

TOTAL: $

Optional Requirement: Remove the wallcovering and paint walls in the following areas: 1261 foyer and corridors C, D, and E:

Item

Description

Qty

Unit of Issue

Unit Price ($)

Extended Price ($)

1. Remove wallpaper, repair and prep walls for paint, and paint walls.

Includes all labor and supplies.

1 Job

2. Services of Court Security Officers (if applicable)

4-hour time block

$383.96

TOTAL: $

TERMS AND CONDITIONS

The following Judiciary terms and conditions are incorporated into this request and will be included in the resulting order.

SOLICITATION PROVISIONS

Provision 3-5, Taxpayer Identification and Other Offeror Information (APR 2011)

(a) Definitions. "Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) and (e) of this provision to comply with debt collection requirements of 31 U.S.C. §§ 7701(c) and 3325(d), reporting requirements of 26 U.S.C. §§ 6041, 6041A, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. § 7701(c)(3)). If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN): ______________________________

[ ] TIN has been applied for.

[ ] TIN is not required, because:

[ ] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the federal government.

(e) Type of Organization:

[ ] sole proprietorship;

[ ] partnership;

[ ] corporate entity (not tax-exempt);

[ ] corporate entity (tax-exempt);

[ ] government entity (federal, state, or local);

[ ] foreign government;

[ ] international organization per 26 CFR 1.6049-4;

[ ] other

(f) Contractor representations. The offeror represents as part of its offer that it is [___], is not [___] 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[ ] Women Owned Business [ ] Minority Owned Business (if selected then one sub-type is required) [ ] Black American Owned [ ] Hispanic American Owned [ ] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [ ] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[ ] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

[ ] Individual/concern, other than one of the preceding.

(end)

Provision 3-20, Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (MAR 2019)

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

(i) the offeror and/or any of its principals:

(A) are ___ are not ___ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have ___ have not ___, within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property;

(C) are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have ___, have not ___, within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under

I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii)The taxpayer has entered into an installment agreement pursuant to

I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. § 362 (the Bankruptcy Code).

http://www.law.cornell.edu/uscode/text/11/362

(ii) The offeror ___ has ___ has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director;

owner; partner or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. § 1001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the judiciary, the contracting officer may terminate the contract resulting from this solicitation for default.

https://www.law.cornell.edu/uscode/text/18/1001

Provision B-1, Solicitation Provisions Incorporated by Reference (SEP 2010)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

The following provisions marked with an ‘X’ are incorporated by reference:

2-15 Warranty Information (JAN 2003) X 2-70 Site Visit (JAN 2003) 2-85A Evaluation Inclusive of Options (JAN 2003) 2-85B Evaluation Exclusive of Options (JAN 2003)

X 2-85C Evaluation of Options Exercised at Time of Contract Award (JAN 2003) X 2-100 Brand Name or Equal (APR 2013) 3-185 Evaluation of Compensation for Professional Employees (JAN 2003) 4-155 Alternate Awards (JUN 2014) 4-165 Price Proposal Instruction – Multi-Year Contract (JUN 2014)

CONTRACT CLAUSES

Applicable to both the solicitation and contract

Clause 2-20C, Warranty of Services (JAN 2003)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the judiciary by which the judiciary assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the judiciary or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor within three (3) business days from the date of acceptance by the judiciary. This notice will state either

(1) that the contractor shall correct or re-perform any defective or nonconforming services; or

(2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the judiciary, http://www.uscourts.gov/procurement.aspx and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed. If the contractor fails or refuses to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the judiciary thereby, or make an equitable adjustment in the contract price.

(d) If the judiciary does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

Clause 6-20, Insurance – Work On or Within a Judiciary Facility (APR 2011)

(a) The contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

(1) Workman's Compensation and Employee's Liability Insurance

The contractor shall comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least $100,000 per incident is required.

(2) Automobile Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person;

$500,000 per occurrence for bodily injury; and $20,000 per occurrence for property damage.

(3) General Liability Insurance

The contractor shall have coverage at a minimum of $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage.

(4) Self-Insurance

If the contractor has been approved to provide a qualified program of self-insurance, the contractor must submit any proposed changes to the program to the contracting officer for approval.

(b) Prior to beginning performance under this contract, the contractor shall provide the insurance carrier certification of the above minimum amounts.

(c) The maintenance of insurance coverage as required by this clause is a continuing obligation, and the lapse or termination of insurance coverage without replacement coverage being obtained will be grounds for termination for default.

(d) The certification evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the judiciary's interest shall not be effective:

(1) for such period as the laws of the state in which this contract is to be performed prescribe; or

(2) until 30 days after the insurer or the contractor gives written notice to the contracting officer, whichever period is longer.

(e) The contractor shall insert the substance of this clause, including this paragraph (e), in subcontracts under this contract that require work in a judiciary facility and shall require subcontractors to provide and maintain the required insurance. The contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the contracting officer upon request.

Clause 7-10, Contractor Representative (JAN 2003)

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: ____________________________________________________________ Address: __________________________________________________________ Telephone: ________________________________________________________ E-mail: ___________________________________________________________ Fax: ______________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be responsible for all contract administration issues relative to this contract, and shall have full authority to act for and legally bind the contractor on all such issues.

Construction Wage Rate Requirements (Aug 2018)

(a) Definition.—"Site of the work"—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)

(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees.

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)

(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program.

(end)

Clause 99-X Terms and Conditions for Commercial Items (Open Market)

A. Order of precedence. Any inconsistencies in this contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) Addenda to this contract, including any commercial supplier agreements as defined in paragraph D of this clause and as amended by the Commercial Supplier Agreements - Unenforceable Clauses provision in paragraph C of this clause.

(4) Other paragraphs of this clause.

(5) Other documents, exhibits, and attachments.

(6) The specification.

B. Unauthorized Obligations.

(1) Except as stated in paragraph (B)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (B)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

C. Commercial supplier agreements unenforceable clauses.

When any supply or service acquired under this contract is subject to a commercial supplier agreement, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S.

state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights in accordance with Clause 7-235 or other applicable Federal statute while continuing performance as set forth in the disputes clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute.

(vi) Updating terms.

(A) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(B) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with the disputes clause; no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with Judiciary policy and procedures. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (C)(1), the language, provisions, or clause of paragraph (C)(1) shall prevail to the extent of such inconsistency.

D. Definitions.

“Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meets the definition of “commercial item” set forth in the Glossary of Procurement Terms in Volume 14 (Procurement) of the Guide to Judiciary Policy intended to create a binding legal obligation on the end user. Commercial supplier agreements are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any product or service. The term applies–

(a) Regardless of the format or style of the document. For example, a commercial supplier agreement may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order;

(b) Regardless of the media or delivery mechanism used. For example, a commercial supplier agreement may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

https://www.uscourts.gov/sites/default/files/guide-vol14.pdf

Clause B-5, Clauses Incorporated by Reference (SEP 2010) This contract incorporates one or more clauses by reference, with the same force and…