A2_SF_1442.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

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

11. The contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

NSN 7540-01-155-3212

calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OFPM WO 3679 / 7394 / 7395 / 7396

0001 Remove and replace Building 202 air handler units #6, #7, #8, #9, and #10 in accordance with Attachments 1, 2, and 10.

Period of Performance: 10/07/2018 to 07/04/2019

1.00 JB

OPT

0002 Remove and replace Building 202 air handler units

#1, #2, #3, #4, #5, #11, and #12 in accordance with Attachments 1, 2, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

OPT

0003 Remove and replace the Building 301 air conditioning units in accordance with Attachments 3, 4, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

OPT

0004 Remove existing, and provide new humidifier bars in

Building 215 in accordance with Attachments 5, 9, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

OPT

0005 Remove existing, and provide new humidifier bars in

Building 217 in accordance with Attachments 6, 9, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

OPT

0006 Remove existing, and provide new humidifier bars in

Building 218 in accordance with Attachments 7, 9, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

OFPM WO 3679 / 7394 / 7395 / 7396

OPT

0007 Remove existing, and provide new humidifier bars in

Building 219 in accordance with Attachments 8, 9, and 10.

Period of Performance: 12/06/2018 to 01/30/2020

1.00 JB

PAGE 3 OF 77 1333ND18RNB190001

Table of Contents

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Statement of Work

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

E.3 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 NIST LOCAL 53 CONTRACT PERFORMANCE DURING CHANGES

G.2 NIST LOCAL-04BILLING INSTRUCTIONS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)..17

SECTION I CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (NOV 2013)

I.2 52.203-3 GRATUITIES (APR 1984)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.8 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

I.9 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

I.10 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

I.12 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

I.13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.14 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.15 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016)

I.16 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

I.17 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

I.18 52.209-6 PROTECTING THE GOVERNMENT`S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

I.19 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY

2013)

I.20 52.210-1 MARKET RESEARCH (APR 2011)

I.21 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I.22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.23 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

I.24 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.25 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I.26 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

I.27 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

I.28 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I.29 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

I.30 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.31 52.222-3 CONVICT LABOR (JUN 2003)

PAGE 4 OF 77 1333ND18RNB190001

I.32 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2014)

I.33 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

I.34 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

I.35 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

I.36 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

I.37 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.38 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.39 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

I.40 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY

2014)

I.41 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.42 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

I.43 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.44 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

I.45 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

I.46 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD) (JAN 2017)..21

I.47 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

I.48 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.49 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

I.50 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

I.51 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

I.52 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

I.53 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

I.54 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

I.55 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.56 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(MAY 2008)

I.57 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

I.58 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016)

I.59 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.60 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.61 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

I.62 52.228-1 BID GUARANTEE (SEP 1996)

I.63 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.64 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.65 52.228-11 PLEDGES OF ASSETS (JAN 2012)

I.66 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

I.67 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.68 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

I.69 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.70 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.71 52.232-17 INTEREST (MAY 2014)

I.72 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.73 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.74 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

I.75 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I.76 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I.77 52.233-1 DISPUTES (MAY 2014)

I.78 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.79 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

PAGE 5 OF 77 1333ND18RNB190001

I.80 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.81 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.82 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.83 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

I.84 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.85 52.236-8 OTHER CONTRACTS (APR 1984)

I.86 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

I.87 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.88 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

I.89 52.236-12 CLEANING UP (APR 1984)

I.90 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.91 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

I.92 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.93 52.236-17 LAYOUT OF WORK (APR 1984)

I.94 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984)

I.95 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.96 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.97 52.242-13 BANKRUPTCY (JUL 1995)

I.98 52.242-14 SUSPENSION OF WORK (APR 1984)

I.99 52.243-4 CHANGES (JUN 2007)

I.100 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

I.101 52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)

I.102 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I.103 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

I.104 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.105 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

I.106 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

I.107 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.108 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.109 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

FOR CONSTRUCTION (FEB 1999)

I.110 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [OCT 2015]

I.111 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.112 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAY 2014)

I.113 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.114 1352.201-70 CONTRACTING OFFICER?s AUTHORITY (APR 2010)

I.115 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

I.116 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

SECTION J LIST OF ATTACHMENTS

J.1 Section J - List of Attachments

J.2 Guidelines for Contractors and A-E Firms

J.3 Wage Determination - MD180057

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K.2 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (OCT 2015)

K.3 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

PAGE 6 OF 77 1333ND18RNB190001

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Proposal Submission Requirements

L.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

L.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

L.4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

L.5 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

L.6 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)--ALTERNATE I (OCT

1997)

L.7 52.236-27 I SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995)

L.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.10 1352.215-72 INQUIRIES (APR 2010)

L.11 1352.233-70 AGENCY PROTESTS (APR 2010)

L.12 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

SECTION M EVALUATION FACTORS FOR AWARD

M.1 Evaluation Criteria & Basis For Award

PAGE 7 OF 77 1333ND18RNB190001

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PAGE 8 OF 77 1333ND18RNB190001

C.1 Statement of Work

Statement of Work

HVAC Construction Contract – Replace HVAC Equipment

Background The National Institute of Standards and Technology (NIST) Office of Facilities and Property Management (OFPM) maintains and constructs its own real property. Heating, ventilating, and air conditioning (HVAC) equipment provides tempered air to laboratory and administrative spaces. NIST needs to replace aging air handlers, roof top units, humidifier bars, valves, and pneumatic controls with direct digital control systems.

General Requirements

1. Remove and provide new air handlers and roof top units;

2. Remove and provide new steam, chilled water, and similar control valves;

3. Ancillary construction to facilitate the removal of masonry, roofing, and electrical material to facilitate HVAC construction;

4. Remove and provide new humidifier bars;

5. Remove existing pneumatic controls and replace with new direct digital control (DDC) systems; and

6. Steam fitting and welding construction.

Attachments

1. Building 202 Drawings

2. Building 202 Specifications

3. Building 301 Drawings

4. Building 301 Specifications

5. Building 215 Humidifier Bar Drawings

6. Building 217 Humidifier Bar Drawings

7. Building 218 Humidifier Bar Drawings

8. Building 219 Humidifier Bar Drawings

9. Humidifier Bar Specifications

10. Division 1 – Entire Procurement

Scope HVAC construction services for Buildings 202, 301, 215, 217, 218, and 219 at NIST, Gaithersburg, MD.

Specific Requirements

CLIN 0001: Remove and replace Building 202 air handler units #6, #7, #8, #9, and #10 in accordance with Attachments 1, 2, and 10.

CLIN 0002: Remove and replace Building 202 air handler units #1, #2, #3, #4, #5, #11, and #12 in accordance with Attachments 1, 2, and 10.

CLIN 0003: Remove and replace the Building 301 air conditioning units in accordance with Attachments 3, 4, and 10.

CLIN 0004: Remove existing, and provide new humidifier bars in Building 215 in accordance with Attachments 5, 9, and 10.

CLIN 0005: Remove existing, and provide new humidifier bars in Building 217 in accordance with Attachments 6, 9, and 10.

PAGE 9 OF 77 1333ND18RNB190001

CLIN 0006: Remove existing, and provide new humidifier bars in Building 218 in accordance with Attachments 7, 9, and 10.

CLIN 0007: Remove existing, and provide new humidifier bars in Building 219 in accordance with Attachments 8, 9, and 10.

Emergency Services – Contractor shall commence performance of in-scope emergency services within 24 hours of notification by the Government.

Deliverable Schedule

No. Description Quantity/Media Date Completed

1 Completed Contractor Badge Application (NAIS) – Green (for every onsite contract employee except delivery drivers)

Hard copies or faxed to (301- 975-6684)

Within 14 days of contract award

2 Contractor activity hazard analysis (job specific health and safety plan) for each contract line item (CLIN)

Electronic PDF submission

Within 14 days of CLIN award

3 Initial and updated Bi- Weekly Construction Schedule

Electronic PDF submission

Every two weeks and upon award of any option CLINs

4 Schedule of Contract Values

Electronic PDF submission

Within 21 days of NTP (Base CLIN); 21 days from exercise (Option CLINs)

5 Contract material submittals (see specifications attachment(s))

Electronic PDF submission

Within 21 days of NTP (Base CLIN); 21 days from exercise (Option CLINs)

6 All remaining contract submittals (except commissioning and test related)

Electronic PDF submission

Within 28 days of NTP (Base CLIN); 28 days from exercise (Option CLINs)

7 Pre-test, commissioning, and test contract submittals

Electronic PDF submission

Period as noted in the contract specifications

8 Warranty Master Schedule upon COR acceptance for each piece of equipment

Electronic PDF submission

Within 21 days of each piece of equipment acceptance

Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or GFI) NIST will furnish applicable hazardous material information to the contractor.

PAGE 10 OF 77 1333ND18RNB190001

Security All contract employees shall obtain badging for this contract. The badge type is a (Green) Site Card/ Personal Identification (PIV) Card. Contractor shall allow for up to 90 minutes to collect a badge (M-F 9AM to 12:00 PM).

NIST will not provide escort services to the contractor during the performance of this contract.

Travel

None.

Special Material Requirements

None.

Other Unique Requirements

None.

Place of Performance Gaithersburg, MD – NIST

Period of Performance The period of performance shall not exceed 480 days from issuance of the Notice to Proceed (NTP), in accordance with the following schedule:

CLIN 0001 (Base – Phase 1): 270 days from NTP.

CLIN 0002 (Option 1): CLIN 0002 will be exercised, if at all, no later than 60 days from the commencement of the period of performance for CLIN 0001. If CLIN 0002 is exercised, this contract will be extended by 270 days, resulting in an extended contract period of performance of not greater than 480 days.

CLIN 0003 (Option 2): CLIN 0003 will be exercised, if at all, no later than 60 days from the commencement of the period of performance of CLIN 0001. If exercised, CLIN 0003 will have a period of performance ending 480 days from the CLIN 0001 NTP issuance.

CLIN 0004 (Option 3): CLIN 0004 will be exercised, if at all, no later than 60 days from the commencement of the period of performance of CLIN 0001. If exercised, CLIN 0004 will have a period of performance ending 480 days from the CLIN 0001 NTP issuance.

CLIN 0005 (Option 4): CLIN 0005 will be exercised, if at all, no later than 60 days from the commencement of the period of performance of CLIN 0001. If exercised, CLIN 0005 will have a period of performance ending 480 days from the CLIN 0001 NTP issuance.

CLIN 0006 (Option 5): CLIN 0006 will be exercised, if at all, no later than 60 days from the commencement of the period of performance of CLIN 0001. If exercised, CLIN 0006 will have a period of performance ending 480 days from the CLIN 0001 NTP issuance.

PAGE 11 OF 77 1333ND18RNB190001

CLIN 0007 (Option 6): CLIN 0007 will be exercised, if at all, no later than 60 days from the commencement of the period of performance of CLIN 0001. If exercised, CLIN 0007 will have a period of performance ending 480 days from the CLIN 0001 NTP issuance.

PAGE 12 OF 77 1333ND18RNB190001

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(Reference 52.246-12)

E.2 52.246-13 INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996) (Reference 52.246-13)

E.3 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(Reference 52.246-21)

PAGE 13 OF 77 1333ND18RNB190001

SECTION G

CONTRACT ADMINISTRATION DATA

PAGE 14 OF 77 1333ND18RNB190001

G.1 NIST LOCAL 53 CONTRACT PERFORMANCE DURING CHANGES

NIST LOCAL-53 CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING

STATUS

Unless otherwise stated in the contract terms and conditions, normal days of business operation are Monday through Friday, excluding Federal Holidays. However, throughout the contract period of performance, there may be circumstances beyond the control of the U.S.

Department of Commerce, National Institute of Standards and Technology (NIST), that will impact normal days of business operation, such as inclement weather, power outages, etc. In circumstances such as these, the Contractor must call the appropriate NIST campus status line to verify the operating status:

Gaithersburg Campus Operating Status Line:

(301) 975-8000

(800) 437-4385 x8000 (toll free) Boulder Campus Operating Status Line:

(303) 497-4000 During a lapse in appropriation, access to Government facilities and resources, including equipment and systems, will be limited to excepted personnel for both Federal employees and Contractor personnel. If performance of the contract is onsite and/or requires Government interaction, unless you have been, or are notified that you are to work under an excepted status, you will automatically enter a temporary work stoppage. The work stoppage shall remain in effect until the lapse is resolved and notification is provided via the NIST website at https://www.nist.gov/ and/or the NIST operating status lines. Additionally, Contractors are encouraged to monitor public broadcasts or the Office of Personnel Management’s website at www.opm.gov for the Federal Government operating status.

NIST will provide notification to all contractors that are determined to have excepted status. All excepted contractors are required to continue performance and communicate with the appointed Contracting Officer’s Representative (COR) for further guidance, or NIST Contracting Officer if a COR is not appointed. Contractors with supply or service contracts that are fully funded at the time of contract award and do not require access to Government facilities, resources, or active administration by Government personnel in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue performance.

(End of clause)

PAGE 15 OF 77 1333ND18RNB190001

G.2 NIST LOCAL-04 BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621

PAGE 16 OF 77 1333ND18RNB190001

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)

(a) The contractor shall comply with the provisions of Department Administrative Order 207-12, Foreign National Visitor and Guest Access Program; Bureau of Industry and Security Export Administrative Regulations Part 734, and [insert operating unit counsel specific procedures]. The contractor shall provide the Government with notice of foreign nationals requiring access to any Department of Commerce facility or through a Department of Commerce IT system.

(b) The contractor shall identify each foreign national who requires access to any Departmental resources, and shall provide all requested information in writing to the Contracting Officer?s Representative.

(c) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

PAGE 17 OF 77 1333ND18RNB190001

SECTION I

CONTRACT CLAUSES

I.1 52.202-1 DEFINITIONS (NOV 2013)

(Reference 52.202-1)

I.2 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(Reference 52.203-5)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 52.203-6)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(Reference 52.203-7)

I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) (Reference 52.203-10)

I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) (Reference 52.203-12)

I.8 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(Reference 52.203-13)

I.9 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

``United States,`` as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster Info #1:

Obtain From Info #1:

Poster Info #2:

Obtain From Info #2:

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

I.10 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

(Reference 52.203-16)

PAGE 18 OF 77 1333ND18RNB190001

I.11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

(Reference 52.203-17)

I.12 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

(Reference 52.203-19)

I.13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)

I.14 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(Reference 52.204-9)

I.15 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2016) (Reference 52.204-10)

I.16 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(Reference 52.204-13)

I.17 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(Reference 52.204-14)

I.18 52.209-6 PROTECTING THE GOVERNMENT`S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(Reference 52.209-6)

I.19 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) (Reference 52.209-9)

I.20 52.210-1 MARKET RESEARCH (APR 2011)

(Reference 52.210-1)

I.21 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

(Reference 52.215-2)

I.22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 52.215-8)

I.23 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

(Reference 52.215-12)

I.24 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(Reference 52.215-19)

I.25 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(Reference 52.219-6)

I.26 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

(Reference 52.219-8)

I.27 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

(Reference 52.219-14)

I.28 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

(Reference 52.219-16)

I.29 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)

(a) Definitions. As used in this clause--

PAGE 19 OF 77 1333ND18RNB190001

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor`s current status.

The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code assigned to contract number [The Contractor needs to sign and date and insert authorized signer`s nameand title].

I.30 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Reference 52.222-1)

I.31 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

I.32 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS --OVERTIME COMPENSATION (MAY 2014) (Reference 52.222-4)

I.33 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

(Reference 52.222-6)

PAGE 20 OF 77 1333ND18RNB190001

I.34 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

(Reference 52.222-7)

I.35 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

(Reference 52.222-8)

I.36 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

(Reference 52.222-9)

I.37 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

(Reference 52.222-10)

I.38 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

(Reference 52.222-11)

I.39 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

(Reference 52.222-12)

I.40 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014) (Reference 52.222-13)

I.41 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

(Reference 52.222-14)

I.42 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)

(Reference 52.222-15)

I.43 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

(Reference 52.222-21)

I.44 52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

(Reference 52.222-26)

I.45 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015) (Reference 52.222-27)

I.46 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD) (JAN 2017) (Reference 52.222-32)

I.47 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

(Reference 52.222-37)

I.48 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

(Reference 52.222-50)

I.49 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

(Reference 52.222-54)

I.50 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

(Reference 52.222-55)

I.51 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(Reference 52.222-62)

I.52 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

(Reference 52.223-2)

I.53 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) (Reference 52.223-3)

PAGE 21 OF 77 1333ND18RNB190001

I.54 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(Reference 52.223-5)

I.55 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 52.223-6)

I.56 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

(MAY 2008)

(Reference 52.223-17)

I.57 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (Reference 52.223-18)

I.58 52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016)

Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists inwhole or in part of materials from another country, hasbeen substantially transformed in a Caribbean Basin country into a new and different construction materialdistinct from the materials from which it was transformed.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or 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 entrycertificate 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 includeany costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada,Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras,Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Peru, Panama, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti,Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho,Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome andPrincipe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor- Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

PAGE 22 OF 77 1333ND18RNB190001

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St.

Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTAcountry construction material, a least developed country construction material, or a Caribbean Basin country constructionmaterial.

Domestic construction material means--

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

Free Trade Agreement country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from thematerials from which it was transformed.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a leastdeveloped country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction materialdistinct from the materials from which it wastransformed.

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

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTOGPA country; or

(2) In the case of a construction material that consists inwhole or in part of materials from another country, hasbeen substantially transformed in a WTO GPA country intoa new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause doesnot apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(4) The Contracting Officer may add other foreign constructionmaterial to the list in paragraph (b)(3) of this clause ifthe Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of theBuy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy Americanstatute 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)(4) of thisclause 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

PAGE 23 OF 77 1333ND18RNB190001

(H) A detailed justification of the reason for use of foreign construction materials cited in accordancewith 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 alldelivery 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 submittedafter contract award shall explain why the Contractorcould not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractordoes not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that anexception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequateconsideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is theunreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to theBuy 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 | Unit of | Quantity | Price | | Material | Measure | | (Dollars)+ | | Description | | | | | Item 1: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | | Item 2: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [+ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

I.59 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 52.225-13)

I.60 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) (Reference 52.227-2)

I.61 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 52.227-4)

I.62 52.228-1 BID GUARANTEE (SEP 1996)

PAGE 24 OF 77 1333ND18RNB190001

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or…