SF1442 Full Solicit 12305B23R0037 Metal Work 8.7.23.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA ARS NEA AAO ACQ/PER PROP

10300 BALTIMORE AVENUE

BLDG 003, RM 223, BARC-WEST

BELTSVILLE MD 20705

ARS-12305B

To Contract Specialist: Tiffany Pimble at tiffany.pimble@usda.gov.

TIFFANY PIMBLE (301) 504-3761

1x 08/07/2023

12305B23R0037

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

1. Statement of Work. Pages: 7; version July 11, 2023.

2. WD Building. Davis-Bacon Act. Pages: 8. WD # MD20230044, June 30, 2023

3. USDA Open Flame Policy. Pages: 15; signed 4.23.2019.

11. The Contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

15 59 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10.

08/25/2023

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 8/2014)

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 by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA ARS NEA AAO ACQ/PER PROP

10300 BALTIMORE AVENUE

BLDG 003, RM 223, BARC-WEST

BELTSVILLE MD 20705

ARS-12305B

JASON ROBBINS

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish 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.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 39

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12305B23R0037

Delivery: 10/26/2023

Delivery Location Code: ARS-123K50

NEA FACILITIES DIVISION

10300 BALTIMORE AVENUE

BLDG 426, BARC-EAST

BELTSVILLE MD 20705 US

Period of Performance: 08/28/2023 to 10/26/2023

0001 Metalwork BARC Building 203D. See SOW for details.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

USDA RFP - 12305B23R0037

Metal Work, Beltsville, Md.

PHASE I -THE SCHEDULE………………………………………………...……………………..…...1

A- SECTION A- SOLICITATION/CONTRACT FORM…………………………...……………………1

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

C - SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

D - SECTION D - PACKAGING AND MARKING

E - SECTION E - INSPECTION AND ACCEPTANCE

F - SECTION F - DELIVERIES OR PERFORMANCE

G - SECTION G - CONTRACT ADMINISTRATION DATA

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

PHASE II - CONTRACT CLAUSES

I SECTION I - CONTRACT CLAUSES

PHASE III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J SECTION J - LIST OF ATTACHMENTS

PHASE IV - -REPRESENTATIONS AND INSTRUCTION

K - SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

L- SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

M- SECTION M: EVALUATION FACTORS FOR AWARD

B - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF CONTRACT

The United States Department of Agriculture, Agriculture Research Service has a requirement for Metal Work. The Contractor shall furnish all labor, materials, equipment, supplies, transportation, utilities, and supervision for complete construction of the following in accordance with the clauses, specifications, drawings, attachments, and other terms and conditions set forth herein.

B.2 SCHEDULE OF ITEMS

ITEM Qty. DESCRIPTION UNIT PRICE (per month, job)

PRICE TOTALS

CLIN 0001 1 Metalwork (BARC Building 203D) 1 Job

Note 1:See Attachment A: Statement of Work, for full details.

Note 2: Contractor shall complete Attachment B: Contractor Estimate and Price Breakout

B.3 PERIOD OF PERFORMANCE

The contractor shall adhere to the time and schedule as reflected in Section 11, 12, and 13 of the SF1442.

The total Period of Performance shall not exceed 59-calendar days. Any extensions to the Period of Performance (POP) will only be executed by the Contracting Officer.

(End of section)

C - SECTION C - DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT

C.1 DESCRIPTION OF WORK:

Metal Work. The Contractor shall assemble fourteen 7’ X 5’ steel frames are to be assembled with bolts into 7 pairs or units. Once paired, the units are 7’ by 10’ and X4’-4” high. The contractor shall trim individual metal support legs (See list below of provided materials by the government) that bolt to the frames within a pair and each pair of two frames must also be level in length and width across the unit and are restricted to the height of existing frames in the same room.

See Attachment A, Statement of Work (SOW), Date: July 11, 2023

C.2 GENERAL REQUIREMENTS:

C.2.1 Service Interruptions/Utility Outages

If any utilities or other services must be discontinued (even temporarily) due to scheduled contract work, the Contractor shall notify the Contracting Officer Representative (COR) ten (10) calendar days in advance to allow notification of affected tenants and customers. If the discontinued service is due to an emergency breakdown the Contractor shall notify the COR as soon as practicable.

At a minimum, include the location of the outage, utilities being affected, duration of outage and any necessary drawings. Once approved, and prior to beginning work on the utility system requiring shut down, attend a pre-outage coordination meeting with the Contracting Officer and Contract Officer Representative to review the scope of work and the lock-out/tag-out procedures for worker protection. No work will be performed on energized electrical circuits unless proof is provided that no other means exist.

C.2.2 Employee Conduct

Contractor employees and Subcontractor employees shall conduct themselves in a proper, efficient, courteous, and businesslike manner. All contractors are to familiarize themselves with the following USDA Policies and Directives:

• Security, Safety and Protection: https://www.usda.gov/da/ossp

• Safety, Health and Environmental Management: https://www.ars.usda.gov/afm/fd/

• Smoking Policy: https://www.usda.gov/directives/dr-4400-006

(End of section) https://www.usda.gov/da/ossp https://www.ars.usda.gov/afm/fd/ https://www.usda.gov/directives/dr-4400-006

D - SECTION D - PACKAGING AND MARKING

Not Applicable-(N/A)

(End of section)

E - SECTION E - INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be conducted at the Beltsville Agricultural Research Service (BARC), Beltsville, Md. 20705.

FINAL INSPECTION:

A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the contractor may be charged with any additional cost of re-inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection.

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

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

-Guarantees and warranty schedule and contacts

-Certified payroll records for all prime and subcontractor employees

As soon as practicable, following final inspection, the Contracting Officer will inform the contractor, in writing, of any discrepancies and/or omissions noted at the final inspection. The Contracting Officer shall also state the time allowable for replacement of material and performance or re-performance of any unsatisfactory work necessary for final acceptance.

FINAL ACCEPTANCE:

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverables (e.g., certified payroll records, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

F - SECTION F - DELIVERIES OR PERFORMANCE

Delivery Location Delivery Location (FEB 1988) USDA Beltsville Agricultural Research Center (BARC)

Performance Time The contractor shall adhere to the time as schedule reflected in Section 11, 12, and 13 of the SF1442.

The total Period of Performance shall not exceed 59-calendar days. Any extensions to the Period of Performance (POP) will only be executed by the Contracting Officer.

(End of section)

G - SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATION

The contractor shall direct any questions to the USDA Staff members listed below:

o Program Office/Contract Office Representative (COR): (Primary) Tom Callsen, tom.callsen@usda.gov, WP: 301-440-9930.

o Contract Specialist: Tiffany Pimble, tiffany.pimble@usda.gov. WP:

301-504-3761.

o Contract Officer: Jason Robbins, jason.robbins@usda.gov. WP: 309-326-0387.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE

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

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

The COR will be named at time of award.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR mailto:tom.callsen@usda.gov mailto:tiffany.pimble@usda.gov mailto:jason.robbins@usda.gov has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within (3) days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within (30) days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING

PLATFORM (IPP):

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of the clause.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Prior to submitting an invoice to IPP.gov, the contractor is strongly encouraged to coordinate with the designated Contracting Officer’s Representative (COR), for review and verification of any measured quantities (if applicable) for payment and for compliance with the applicable progress payment requirements of this contract. Failure to do so may cause a delay in approval and/or rejection of submitted invoices. Attachments are required to be uploaded to IPP.gov.

Pursuant to the payment terms contained in this contract, the contractor shall prepare and submit requests for payments (invoices) by following the instructions as described below:

1. To ensure timely processing of invoices under the contract/agreement, the contractor must submit all invoices to the COR, via email and upload all invoices to the IPP.gov system.

2. A proper invoice shall be submitted by email concurrent with submission to IPP and shall include the information as required by the payment terms and conditions contained in this contract.

3. The subject line of the email shall be formatted to read as follows:

Contract Number, Invoice Number https://www.ipp.gov/

Example: 12905B20C0022 Invoice No. 1

4. The Invoice shall be attached to the email and named using the following format:

Contract Number, Contractor Name, Invoice Number, Invoice Amount Example: 12905B20C0022 Contractor ABC Inv No 1-$5,678.00

5. Invoices shall not include information that would compromise Personally Identifiable Information, (full social security numbers, dates of birth, etc.) or Security Protocols.

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

(End of section)

H - SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government.

Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least ten (10) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

H.2 COOPERATION WITH OTHER CONTRACTORS

During the period of construction for the work covered by this contract, other contractors performing work for the Government may be operating concurrently at the site. To minimize interference and delay to the construction progress of all concerned, all contractors shall cooperate with each other and coordinate their construction operations to the fullest extent. As far as practicable, all contractors performing work for the Government at the site shall have equal rights to the use of all referenced facilities. In a dispute regarding the use of such facilities, the matter shall be referred to the Contracting Officer.

H.3 SUBMITTALS AND SHOP DRAWINGS

(a) The Contractor shall submit for approval shop drawings of all manufactured products required in the construction for which such drawings are hereinafter required. When approved, one set will be retained;

one set forwarded to the Government representative on the job and two sets forwarded to the Contractor.

When changes or corrections are necessary, two sets will be returned to the Contractor with such corrections noted thereon, and he shall resubmit revised prints.

(b) Shop drawings shall be marked with the contract number and Work Order Number, project description, name of the Contractor, and accompanied by a letter of transmittal. If the shop drawings show variations from the contract requirements because of standard shop practice or other reason, the Contractor shall make specific mention of such variations in his letter of transmittal.

(c) Approval of shop drawings will be general and will not relieve the Contractor from the responsibility of furnishing material and work required by the contract.

(d) Shop drawings shall be submitted for approval in ample time to permit checking of the drawings, allow the Contractor to make any corrections and resubmit drawings prior to the time construction is started on work covered by any drawings.

(e) Non-approval of equipment due to failure to meet specifications, or non-approval of the Contractor’s drawings due to submission of incomplete or incorrect information cannot be considered as a basis for extension of time for completion of the contract.

(f) The quantity of shop drawings required are subject to change. This will occur only when the Government is under contract with an A-E firm to approve shop drawings. In this respect, A-E will coordinate final quantity required between all interested parties.

H.4 LIST OF MATERIALS

(a) The Contractor shall submit for approval a complete list, in duplicate, of brands, type, and make of various equipment and materials proposed to be used. If the Contractor fails to submit such a list, or names of equipment which does not comply with the specifications, or if the manufacturers named are unsatisfactory, the Government reserves the right to reject same and to select satisfactory substitute materials. This selection shall be final and binding upon the Contractor, and the work shall be installed on this basis without change in contract price.

(b) In order to properly identify and to prove compliance with the requirements of the specifications, the Contractor shall give the following data for each product included in the list of materials.

Section heading of the specifications under which material is specified.

Manufacturer’s name and address.

Grade, type, trade or catalog number.

Size, capacity, and other pertinent data.

(c) All materials, fixtures, and equipment furnished and installed under this contract shall be new and of the best quality; shall be standard cataloged products or reputable manufacturers products or of special manufacture, satisfying completely the contract requirements.

(d) Similar items, unless otherwise specified herein or approved by the Contracting Officer, shall be the product of the same manufacturer, and those fulfilling the same requirements as to size and construction shall be identical.

(e) Substitutions and/or Approved Equal: Where particular make, brand or type of material or equipment is mentioned in these specifications, it is to denote quality standard of article desired, but does not restrict contractor to brand specified; however, any substitution must be met with approval of the Contracting Officer. Other products comparable in type, quality, utility, and price are acceptable if approved by the Contracting Officer. Burden of proof of equality shall rest with the Contractor. The Contracting Officer shall be sole judge of paralleled quality.

H.5 PROPERTY DAMAGE LIABILITY INSURANCE

The Contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance-Work on a Government Installation, is in full compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government’s rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government’s rights, the Contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the Contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes and laws. The Contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the Contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the Contractor. This liability and responsibility includes the activities of all the Contractor’s personnel, their subcontractors and suppliers.

H.6 SUBCONTRACTORS, OUTSIDE ASSOCIATES AND CONSULTANTS

Any subcontractors, outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified at time of award or agreed upon during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these individuals or firms.

H.7 MAXIMUM WORKWEEK- CONSTRUCTION SCHEDULE (AGAR 452.236-75) (NOV 1996)

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

A schedule as required by FAR clause 52.236-15, "Schedules for Construction Contracts" and

The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

MAXIMUM WORKWEEK - CONSTRUCTION SCHEDULE (SUPPLEMENT)

The following applies to all work performed on Government-owned property:

(a) Listed below are official Government holidays:

New Year’s Day January 1* Birthday of Martin Luther King Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19* Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11* Thanksgiving Day Fourth Thursday in November Christmas Day December 25* Inauguration Day January 20* (for Washington D.C. Metropolitan Area (WDCMA))

*In accordance with Federal regulations, if these holidays fall on a Saturday, the holiday will be observed on Friday, if Sunday, holiday will be observed on Monday.

The contractor will be required to follow Government procedures for any unscheduled shut down of the Government installation due to weather conditions, security, Government identified emergency health and safety evacuation, etc.

(b) SEVERE WEATHER WARNING REQUIREMENTS: When a severe weather warning has been issued for the area in which construction is being performed, the contractor shall immediately take action to tie down, or otherwise secure structures, materials, and equipment on the job site that could become airborne as a result of strong winds, thunderstorms, rain or other weather related conditions, including protection from extreme or extended periods of cold or heat. These requirements are applicable 24 hours a day, 7 days a week.

(c) WORK OUTSIDE REGULAR HOURS: If the contractor desires to work outside regular hours, or on Saturday, Sunday, or Federal legal holidays, he shall submit a written request to the CO/COR 5 working days in advance to allow ample time for approval or disapproval and to enable satisfactory arrangements to be made for security, safety, and inspecting the work progress.

In cases where the contractor receives approval to work outside of normal working hours for his convenience, cost incurred by the contractor for overtime and additional cost incurred by the Government for services including inspection costs shall be borne by the contractor.

DIRECTIVES, INSTRUCTIONS AND REFERENCES:

Only the Contracting Officer shall issue directives/instructions defining the roles and responsibilities and appointment of a Contracting Officer Representative (COR); Location Monitor (LM); Project Manager (PM); Occupational Health & Safety Manager and/or any other functional appointment as deemed necessary for the scope of work.

The Contractor shall manage the total work effort associated with the services required to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide a staff with the necessary management expertise to assure performance objectives and standards are met.

OSHA training requirements shall be strictly enforced prior to the commencement of work. The job superintendent must be an OSHA certified “competent person” with 30 hours of training and all other employees working on the project must have a minimum of 10 hours of OSHA training.

The job superintendent/OSHA certified competent person needs to be on site at all times when work is being done.

PHASE II - CONTRACT CLAUSES

I SECTION I - CONTRACT CLAUSES

FAR CLAUSES

This requirement incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available. The full text of a clause may be reviewed in the Federal Acquisition Register (FAR) and may be accessed by the following address: https://www.acquisition.gov/browse/index/far. Incorporated clauses are those in effect through Federal Acquisition Circular FAR FAC 2023-04 June 2, 2023.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) https://www.acquisition.gov/browse/index/far (FAR) and https://www.acquisition.gov/agar (AGAR)

(End of Clause)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

FAR 52.204-2 Security Requirements ALT II (Aug. 1996) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) FAR 52.204-12 Unique Entity Identifier Maintenance (OCT 2016) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 23) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) FAR 52.211-12 Liquidated Damages-Construction (SEP 2000) FAR 52.213-4 Simplified Acquisitions (Other Than Commercial Products and Commercial

Services) (Mar 2023)

FAR 52.215-8 Order of Precedence Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-8 Utilization of Small Business Concerns (OCT 2022) FAR 52.219-28 Post-Award Small Business Program Representation (NOV 2020) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirements (AUG 2018) FAR52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (AUG 2018) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

FAR 52.222-12 Contract Termination Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-20 Contracts for Materials, Supplies, Articles and Equipment (JUN 2020) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (FEB 1999) FAR 52.222-26 Equal Opportunity (SEP 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) FAR 52.222-50 Combating Trafficking in Persons (OCT 2020) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) FAR 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction

Contracts (SEP 2013) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) FAR 52.223-6 Drug-Free Workplace (MAY 2011) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons. (JUN 2016) FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) FAR 52.223-20 Aerosols (JUN 2016) FAR 52.223-21 Foams (JUN 2016) FAR 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.228-5 Insurance Work on a Government Installation (JAN 1997) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT.

2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEVIATION

APR 2020)

FAR 52.233-1 Disputes (MAY 2014) FAR 52.233-3 Protest after Award (AUG. 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services (APR 1984) FAR 52.236-15 Schedules for Construction Contracts (APR 1984) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR

1984) FAR 52.236-26 Preconstruction Conference (FEB 1995) (All Construction) FAR 52.236-27 Site Visit (Construction) (FEB 1995) FAR 52.236-28 Preparation of Proposals-Construction. (OCT 1997) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-14 Suspension of Work (APR 1984) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (Apr 1984) FAR 52.243-5 Changes and Changed Conditions. (APR 1984) FAR 52.245-1 Government Property (SEP 2021) FAR 52.245-9 Use and Changes. (APR 2012) FAR 52.246-12 Inspection of Construction (AUG 1996) FAR 52.246-21 Warranty of Construction (MAR 1994) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

(End Clauses by Reference)

FAR 52.225-9 Buy American–Construction Materials. (Nov 2021)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure

Quantity Price (dollars) *

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)

FAR 52.245-2 -- GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(APR 2012) (use with 52.245-1 if Govt. property is being provided)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property.

If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

(End of Clause)

AGAR Clauses AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022) “Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer

(CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.” (End of clause)

(End of clause)

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of clause)

AGAR 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of clause)

AGAR452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is 59 days.

(End of clause)

AGAR 452.215-73 -- POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at: TBD.

AGAR 452.222-70 Combating Race and Sex Stereotyping. [(DEVIATION)]

COMBATING RACE AND SEX STEREOTYPING (DEVIATION)

(a) Definitions. As used in this clause— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 also apply to E.O. 13950.

See FAR 22.807.

(c) Compliance with E. O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or…