SF18 NFFM77222300818.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

NF-FM7722-23-00818

NF-FM7722-23-00818

1305M323QNFFM0030

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

MICHELLE WALTON

MICHELLE.WALTON@NOAA.GOV

Please See Continuation Page for Line Item Details

303 578-6582 OMI (MILFORD) /F/NECX22

NOAA/NMFS 212 ROGERS AVENUE

MILFORD

06460CT

FEB 08, 2023

MAY 31, 2023

DUNS:

FM702273

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The magnitude of this project is between $100,000.00 and $250,000.00.

This is a total small business set-aside under NAICS code 236220 with a size standard of $45.0M.

Davis Bacon Wage Determination rates CT20230023, Modification 1 are incorporated and may be viewed at SAM.gov.

SITE VISIT:

The government recommends a site visit and vendors must coordinate site visits at least 48 hours (two working days) in advance with Domenick Capomolla via phone or email.

NOAA NEFSC/MILFORD LABORATORY

212 Rogers Ave Milford, CT 06460

Contact Domenick Capomolla at 203-627-0994 or email at domenick.capomolla@noaa.gov to arrange a site visit.

All Bidders are strongly encouraged to make a site visit to inspect all proposed work and to acquire all necessary site information to properly prepare their Quote. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the quote shall not be acceptable cause to justify a later request for additional costs after Contract Award. Any questions that come up at the site visit must be provided to Michelle Walton via email at michelle.walton@noaa.gov no later than Feb 6, 2023, 12:00pm MST. No questions will be answered on site.

If a site visit is not conducted, the contractor must provide a detailed technical approach write-up with their quote for the Government to consider in place of a site visit.

0001 SERVICES, NON-PERSONAL, TO PROVIDE ALL

EQUIPMENT, LABOR, AND MATERIALS (UNLESS

OTHERWISE PROVIDED HEREIN) NECESSARY FOR

NEFSC MILFORD LAB COLD ROOM RENOVATION

TO INCLUDE DEMOLITION OF OLD WALK IN

FREEZER AND INSTALLATION OF NEW WALK IN

FREEZER.

ALL WORK IS TO BE COMPLETED 90 DAYS AFTER

AWARD

1.00 JB

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Table of Contents

Statement of Work

Construction Clauses

Davis Bacon Wage Determination

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CLAUSES

Statement of Work

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Statement of Work

For

Walk-in Freezer and Cold Room Replacement At the Northeast Fisheries Science Center Milford Laboratory

212 Rogers Avenue Milford, CT 06460

Requisition Number NF-FM7722-23-00818

DESCRIPTION

A. The NMFS Laboratory is located at 212 Rogers Avenue Milford, CT 06460. Site visit point of contact is Domenick Capomolla. ph: 203-627-0994 cell phone or email at domenick.capomolla@noaa.gov. Vendors must coordinate site visits at least 48 (two working days) hours in advance of intended site visit.

B. The National Marine Fisheries Service (NMFS), a part of the National Oceanic and Atmospheric Administration (NOAA) of the Department of Commerce (DOC), is a governmental agency charged with the mission of stewardship for living marine resources.

C. The contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work. Contractor to verify all dimensions prior to submitting quotation.

D. Installation of new air-cooled refrigeration condensers and sized to balance evaporator units, refrigeration lines, Freezer doors, thermostats, alarms, control equipment lighting and other work described within the contract documents. Contractor shall be required to relocate, and/or move any obstacle preventing work from meeting all requirements within the contract documents.

E. Installation of new (5) inch urethane foamed in place ceiling and wall panels (METL- Span or equivalent) system.

F. Pump down and recover all refrigerant, refrigeration equipment removal, demolition of insulated panel walls and ceiling, electrical, lights, doors and frames and other work described within the contract documents.

G. Clean, prepare and paint concrete flooring throughout cold storage units.

H. Remove and legally dispose of demolished materials off site.

I. Site and Project Location:

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PRE-BID SITE VISIT

It is highly recommended that a site visit be conducted prior to submitting a quote in order to view site conditions and verify voltages, amperages, measurements, and equipment. Contact the to schedule a site visit between the hours of 7:30 AM – 3:30 PM, Monday through Friday. Please plan to coordinate site visits at least two working days in advance of the intended site visit.

GENERAL

A. The contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

B. The contractor shall comply with all applicable codes (NFPA, NEC, IBC, BOCA etc.) and other published instructions for the installation of specified products, and installation requirements per the contract documents.

C. The contractor shall be responsible for tracing, verifying and isolating all utilities before construction begins.

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D. The contractor is responsible for his/her own security arrangements including subcontractor’s materials, tools, equipment, and personnel.

E. Work in Progress: The contractor shall be responsible for the protection and safe keeping of all work in progress prior to final acceptance by the Government.

F. All methods, materials and workmanship provided by the contractor under this contract shall, as a minimum, be performed in accordance with professional industry standards and shall comply with applicable codes for construction. Field measurements are the responsibility of the contractor.

G. See Appendix 1 for List of Acronyms and Appendices 2 through 6 for material specs and equipment pictures.

SPECIFIC TASKS

A. The Contractor shall provide all Equipment, electrical, refrigeration piping, materials and all other hardware needed to renovate the existing 300 SQ FT Walk- in freezer/cooler.

B. The contractor shall pump down and recover all refrigerant from the three refrigeration systems and store into cylinders to be disposed of by the contractor. All applicable Federal, OSHA State and Local laws, regulations and codes which apply to this type of work shall be observed and adhered to.

C. The contractor shall trace, identify, disconnect and remove all refrigeration equipment, electrical wiring, controls, fixtures, fasteners, plumbing and piping and terminate all in accordance with NEC, BOCA building codes.

D. The contractor shall remove three condenser units and evaporator units. Proper disposal of these units shall be the responsibility of the contractor..

E. The contractor shall demolish and remove insulated walls, ceiling panels, wiring, light fixtures and doors from the existing walk-in flash freezer, walk-in freezer and cold room and provide all labor and equipment to completely remove and legally dispose of all mechanical and architectural components of the existing walk-in flash freezer (dimensions 4’W X 5’L X 8’H), walk-in freezer (dimensions 8’W X 9’L X 8’H) and walk-in cooler (dimensions 14’W X 9’L X 8’H). The contractor shall not conduct any demolition that will damage or cause structural weakness to the remaining wall and roof and legally dispose of all debris off site.

F. The contractor shall clean and prepare the area and install new four (4) inch thick insulated core foamed-in Polyurethane METL-Span panels (or equivalent) to the walls and ceilings.

The insulated panels shall have a minimum R value of 32.25. All penetrations and seams shall have the manufacturer's recommended techniques, material and sealant applied as well as required vapor barrier to maintain the integrity of the insulated panel system. The interior and exterior finish of the panels shall be 26 GA white embossed galvanized steel.

G. The contractor shall clean, prepare and paint concrete flooring per manufacturer's specifications. The COR shall approve concrete coatings and color.

H. The contractor shall install two (2) new flush mounted 36” X 78” and one (1) new flush mounted 43” x 78” manual swing CES hinged type cold storage freezer entrance doors with perimeter heated seals to include safety latch and strike with inside release hardware, frost free heaters, magnetic gaskets and white embossed galvanized steel finish. The contractor shall verify all measurements.

I. The contract shall install one 4’ LED light fixture in the walk-in freezer, one 2’ LED light fixture in the flash freezer and two 4’ LED light fixtures in the walk-in cooler. Fixtures shall be UL listed for wet locations.

J. The contractor shall install new light indicated switches for the LED light fixtures. Switches to be installed in existing locations.

K. The contractor shall install a freezer panic/ entrapment audio and visual alarm in each cold storage unit.

L. The contractor shall install refrigeration equipment and controls as specified in the statement

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of work.

PROJECT OVERVIEW AND EQUIPMENT SPECIFICATIONS

A. The walk-in cold room capable of maintaining 35 degrees shall have one (1) 1 HP air-cooled outdoor condensing unit (8633 BTUH 29.6F TD) and sized to balance defrost evaporator coil. This system shall also include local temperature alarming.

B. The walk-in flash freezer shall be capable of maintaining -20 degrees (1) air-cooled outdoor condensing unit (14,600 BTUH) and sized to balance defrost evaporator coil. This system shall also include local temperature alarming.

C. The walk-in freezer shall be capable of maintaining – 5 degrees shall have one (1) 3 HP air-cooled outdoor condensing unit (13403 BTUH @ 9.5F TD) and sized to balance electric defrost evaporator coil. This system shall also include local temperature alarming

D. Condensing units and evaporators shall be manufactured by Bohn or Trenton refrigeration equipment or approved equivalent.

E. Condensing units shall be specifically designed and manufactured for commercial applications.

F. Condensing units shall be complete in all respects and will include semi-hermetic or scroll compressor, condenser, high and low pressure control, receiver, sight glass, moisture indicators and dryers.

G. Condensing units shall be self- contained exterior air-cooled types.

H. Evaporator assemblies will be sized to balance with condensing units.

I. Evaporators shall have insulated drain lines and be installed for proper drainage to existing drains located in the loading dock area.

J. Electrical: New outdoor disconnects along with all necessary circuit breaker replacement shall be included.

K. All evaporator control wiring shall be included.

L. New 4’ and 2’ vapor tight LED fixtures shall be installed in accordance with the specific tasks in this statement of work.

M. All necessary core drilling and other penetrations shall be included and properly sealed and insulated to maintain the integrity of the systems.

N. The contractor shall be responsible for the following: Furnishing and installing condensing units, evaporators, thermostats, controls, unit hangers, piping hangers, refrigerant piping, condensate drain piping, equipment rentals, refrigerant charge, cranes and rigging, freight charges, insulation of piping and vessels, labor and expenses, one year warranty service including parts and labor.

O. Please refer to Appendices 2-6 for Equipment, Pictures and Materials Specs.

ACCESS TO WORK SITE

A. All persons employed within the boundaries of the property or restricted-access areas therein, and all persons permitted to enter such property and areas shall comply with the security regulations for the NEFSC Milford, CT Laboratory.

B. The Government reserves the right to close down the job site and order contractor personnel off the premises in the event of a national emergency or a shut-down, for as long as security problems persist. The contractor may only return to the site with verbal approval from the

COR.

C. The Government reserves the right to exclude or remove from the site or building any employee of the contractor or a subcontractor whom the Government deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the work is deemed by the Government to be contrary to the public interest.

D. Personnel may be subject to inspection of their personal effects when entering and leaving

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the facility. In addition, unscheduled inspections of personnel may be made when entering or while on site.

FINAL ACCEPTANCE AND INSPECTIONS

A. Inspection of work to be performed by the NEFSC facilities maintenance supervisor (COR).

Any corrective action required as a result of the inspection will be accomplished prior to final monthly billing.

B. The contractor may be notified of deficiencies in performance in writing by the COR. Oral deficiency notifications will be confirmed in writing. Prompt corrective action shall be taken by the contractor upon notice of deficiency.

C. The contractor shall advise the Government when all work is completed. The Government will not accept the work until it determines that all work has been satisfactorily completed within the terms of the contract.

EXISTING CONDITIONS

If discrepancies are discovered between the existing conditions and those noted on the SOW/drawings, immediately notify the COR/CO. Upon receipt of Bidding Documents verify documents are complete. Notify COR/CO if documents are incomplete. Immediately notify COR/CO upon finding discrepancies or omissions in Bidding Documents.

JOB SITE PROTECTIONS

A. It shall be the responsibility of the contractor to protect the property of others as well as his/her own property, and to repair or replace any property damaged by the contractor in fulfilling this project. The contractor shall keep the area clean and upon completion of the project, the contractor shall clean up the work area and remove all debris from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building. Government dumpsters will not be available for contractor use. The contractor shall repair or be responsible for costs to repair all property damaged during the performance of work.

B. The contractor shall take precautions to prevent the spread of dust, moisture and debris. The contractor shall provide labor and materials to construct, maintain and remove necessary temporary enclosures to prevent dust or debris in the construction area(s) from entering the remainder of the building.

C. All work shall comply with applicable Federal, State and Local regulations.

D. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, EPA 40 CFR Part 745, local, state and federal requirements and other regulatory agencies during the course of the project. Safety shall be the responsibility of the general contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

PERIOD OF PERFORMANCE

A. The actual start date shall be coordinated with the COR.

B. Upon award, the contractor shall be required to complete work within 90 calendar days.

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SUBMITTALS

The contractor shall submit the following to the COR:

Schedule (5 days after award) Material Safety Data Sheets (MSDS) (10 days after award) Safety Plan (5 days after award)

PLACE OF PERFORMANCE

National Marine Fisheries Service 212 Rogers Avenue Milford, CT 06460

DELIVERY, STORAGE, HANDLING, AND PROTECTION

A. Deliver materials to the job site in the manufacturer’s original, unopened containers or wrappings with the manufacturer’s name, brand name and installation instructions intact and legible. Deliver in sufficient quantity to permit work to continue without interruption.

B. Comply with the manufacturer’s written instructions for proper material storage.

C. Any materials which are found to be damaged shall be removed and replaced at the contractor’s expense.

D. Care shall be exercised to provide protection of surrounding structures, parking lots, and hallways and building structures.

QUALITY CONTROL

A. The contractor shall submit manufacture cut sheets and other specification literature for all materials to be installed.

B. All work described in the Statement of Work shall comply with the manufacturers installation guidelines.

C. The contractor shall furnish all labor, materials, tools, transportation, services and supplies as stated in this requirement.

D. Work is required to be completed in accordance with the construction industry standards and codes.

E. The contractor shall supply the COR with the onsite supervisor contact information and any other key personnel.

WARRANTY

The contractor shall provide a written warranty for service including labor and materials for a period of one year from the date of startup with no dollar limitation. The compressors and evaporators shall carry a manufacturer’s warranty of 5 years.

USE OF THE PREMISES

Before beginning work, the contractor shall secure approval from the COR for the following:

A. Contact the COR for parking information and facility access.

B. Access to the site.

C. Areas permitted for storage of materials and debris.

D. Security: Obey the government’s requirements for personnel identification, inspection and other security measures.

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E. The NEFSC is a smoke free campus. The Contractor and its employees shall adhere to all applicable rules and regulations regarding maintenance of a smoke free environment on the job site.

F. Use of Government facilities

1. Water and electricity for construction purposes are available at the work site.

2. Contractor shall provide storage for tools and materials. The Government is not responsible for providing storage or security of materials, tools, or equipment.

G. The premises will be occupied during the performance of the work. Contractor to coordinate work with the COR to accommodate the work schedule, continuing access and completion date.

H. Working hours shall be Monday – Friday, 7:30 AM – 3:30 PM EST. Contractor shall observe all federal holidays.

WORKMANSHIP

All work shall be of highest quality and in strict accordance with the manufacturer’s published specifications and to the building owner’s satisfaction, most recent codes and standards.

QUALITY ASSURANCE

A. Unless otherwise noted in the contract documents, the contractor shall comply with the manufacturer’s current specifications and details.

B. The contractor shall provide an adequate number of experienced workmen regularly engaged in this type of work who are skilled in the application techniques of the materials specified.

C. There shall be a site superintendent on the job site at all times while work is in progress. The site superintendent must be an employee of the general contractor and on the site all times during the course of any ongoing work.

D. There shall be no deviations made from this specification or the approved shop drawings (if any) without the prior written approval of the COR. Any deviation from the manufacturer’s installation procedures must be supported by a written certification on the manufacturer’s letterhead and presented to the COR for consideration.

E. All substitution requests for products, equipment, materials and methods described within the contract documents shall be submitted to the COR. Substitutions requested are not permitted prior to the award. Substitute products will be considered when the request is submitted in writing to the COR. The COR will have seven (7) working days to approve/disapprove the substitution request. Substitution requests shall not result in schedule extensions.

FACILITIES AND CONTROLS

A. The contractor shall remove and dispose of all debris and trash from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building.

B. Contractor shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution prevention control and waste disposal.

C. Contractor shall immediately inform the COR of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

D. Perform daily clean-up to collect all wrappings, empty containers, paper, and other debris from the project site. Upon completion, all debris must be disposed of in a legally acceptable manner. The contractor shall ensure that the project area and areas adjacent to the project area are maintained in a clean and safe condition.

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SAFETY

A. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, and EPA, local, state and federal requirements. Safety shall be the responsibility of the general contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

B. The contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards. The contractor shall promptly correct any non-complying work or conditions. Contractor shall be responsible to ensure its work does not affect the safety of the public or employees of the Government. Neither the Government nor its representatives shall bear any responsibility for safety precautions at the project work site. If, however, in the opinion of the COR, a life-threatening condition exists, the COR will orally (to be confirmed in writing) require the contractor to immediately suspend work in the affected area until the condition is corrected.

Whenever a contractor's operations may create a hazardous condition, it shall at its sole expense, furnish, install and maintain such guards, fences, barricades, railing, light, signs, or other devices necessary to prevent accident, injury or damage to people or equipment.

C. Five days prior to start of work the contractor shall submit a safety plan. To include but not limited, open flames, welding, debris, cleanup, workplace safety methods, and emergency procedures. The Safety Plan must be available on site at all times and must be reviewed with all subcontractors working under this contract for the duration of the contract project.

E. It is the contractor’s responsibility to ensure all employees; sub-contractors, vendors, and other company representatives adhere to all safety rules, regulations, policies and practices.

F. Contractor shall observe lock/out tag/out regulations and as required by OSHA.

G. The contractor shall keep the project site in a neat and orderly condition at all times.

JOB CONDITIONS, CAUTIONS AND WARNINGS

A. Material Safety Data Sheets (MSDS) must be on location at all times during the transportation, storage and application of materials. A separate set shall be given to the COR five (5) days prior to starting of the work.

B. The contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the COR. Hazardous materials that are necessary to the performance of this contract shall be used, kept and stored in a manner that complies with all laws regulating any such hazardous material brought upon or used or kept at this site. Contractor shall provide Material Safety Data Sheets to the COR for any hazardous materials used in the performance of this contract.

C. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation Hazardous Material Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

PERSONNEL

A. The contractor shall provide proof that all on-site employees are US citizens or legal aliens.

B. The contractor shall not employ personnel with felony convictions, or with a record of narcotics use, for work at the Milford, CT Laboratory.

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C. The contractor is responsible for completing a security investigation on all employees working at the Milford, CT Laboratory in connection with this contract.

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APPENDIX 1

List of Acronyms:

ASTM American Society for Testing and Materials ACI American Concrete Institute BMP Best Management Practices BOCA Building Officials and Codes Administrators COR Contracting Officer's Representative COTR Contracting Officer's Technical Representative EB Encased Burial EPA Environmental Protection Agency IT Information Technology MSDS Material Safety Data Sheets NEC National Electric Code NFPA National Fire Protection Association OSHA Occupational Safety and Health and Administration PVC Polyvinyl Chloride SOW Statement of Work UL Underwriters Laboratory GCP Government Contact Point AAMA American Architectural Manufacturers Association

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APPENDIX 2

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APPENDIX 3

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APPENDIX 4

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Appendix 5

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Appendix 6

Construction Clauses

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PART I - CONSTRUCTION PURCHASE ORDER CLAUSES

(FIXED-PRICE)

UPDATED THROUGH FAC 2023-01 (DEC 2022) (DEVIATION 2023-03) (DEC 2022)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/index.html

(End of Clause)

CLAUSE

NUMBER TITLE DATE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-28 Post-Award Small Business Program

Rerepresentation OCT 2022 52.219-32 Orders Issued Directly Under Small Business

Reserves

MAR 2020

52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirement AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination - Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014

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NUMBER TITLE DATE

52.222-19 Child Labor—Cooperation with Authorities and Remedies

DEC 2022

52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEPT 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2022 52.222-55 Minimum Wages Under Executive Order 14026 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-3 Hazardous Material Identification and Material

Safety Data (Alternate I)

FEB 2021

52.223-5 Pollution Prevention and Right-to-Know Information (Alternate I) (AUG 2003)

MAY 2011

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Contractor Policy to Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-11 Pledges of Assets (Deviation 2020-05) (April 2020) FEB 2021 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-5 Payments under Fixed Price Construction Contracts MAY 2014 52.232-18 Availability of Funds (if applicable) APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management.

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Deviation 2020-05) (April 2020) NOV 2021 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-14 Availability and Use of Utility Services APR 1984

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NUMBER TITLE DATE

Water, electric and sewer is provided to the contractor at no charge.

52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and

Commercial Services

DEC 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination for Convenience of the Government

(Fixed-Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Commerce (48 CFR 1352) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

FAR 52.211-10 Commencement, Prosecution and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after award]. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

FAR 52.225-9 Buy American—Construction Materials (OCT 2022)

(a) Definitions. As used in this clause—

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

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

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

Cost of components means—

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

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

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

States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

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

Domestic construction material means—

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

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

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

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

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that-

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

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

(1)The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

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

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

January 1, 2030.

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

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

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

January 1, 2030.

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

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

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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(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

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

Alternate I (Oct 2022). As prescribed in 25.1102(a)(3) substitute the following sentence for the first sentence in paragraph (1)(ii)(A) of the definition of “domestic construction material” in paragraph (a):

(A) The cost of its components mined, produced, or manufactured in the United States exceeds __ percent of the cost of all its components. [ Contracting officer to insert the percentage. ]

FAR 52.228-13 Alternative Payment Protections (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

- Irrevocable Letter of Credit

- Payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within seven (7) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

COMMERCE ACQUISITION REGULATIONS (CAR)

CAR 1352.201-70 Contracting Officer's Authority (April 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

CAR 1352.201-72 Contracting Officer’s Representative (COR) (April 2010)

(a) The Contracting Officer’s Representative (COR) will be identified under separate cover after award. The COR may be changed at any time by the Government without prior notice to the contractor by issuance of a new appointment letter. The location of the COR will be provided at the issuance of the COR appointment letter.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

CAR 1352.209-73 Compliance with the Laws (April 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or…