SF18 NWWP92702200225.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

NW-WP9270-22-00225

NW-WP9270-22-00225

1305M322QNWWP0056

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 EL PASO WFO (SANTA TERESA) N M

7955 AIRPORT ROAD

SANTA TERESA

88008NM

JUL 20, 2022

DEC 31, 2022

DUNS:

WP927004

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The magnitude of this project is between $25,000.00 and $100,000.00.

This is a total small business set-aside under NAICS code 236220 with a size standard of $39.5M

Davis Bacon Wage Determination rates NM20220045, Modification 3 are incorporated and may be viewed at SAM.gov.

SITE VISIT:

The government recommends a site visit and vendors must pre-register with David Beattie via text or email prior to July 13, 2022.

Site visit is scheduled for Wednesday, July 13, 2022 from 8:00 am to 4:00 pm local time.

WFO El Paso 7955 Airport Road Santa Teresa, NM 88008

Contact David Beattie at 925-204-3536 (text) or email at david.beattie@noaa.gov to pre-register for 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 July 2, 2022, 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 WFO EL PASO Ready Room Renovations

All work is to be completed 120 days after award or sooner.

1.00 JB

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Table of Contents

Statement of Work

RFQ Construction Clauses

Davis Bacon Wage Determination

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CLAUSES

Statement of Work

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EL PASO READY ROOM RENOVATIONS PROJECT

NWS Weather Forecast Office

7955 Airport Road Santa Teresa, NM 88008

Backgound:

The National Weather Service (NWS) office in Santa Teresa, NM has a requirement to renovate the Ready Room (Break Room). There has not been any updates to the Ready Room and is in need of renovating.

I. GENERAL INFORMATION

1. Purpose. The purpose of this Statement of Work is to define the Contractor required tasks necessary for completing this project. All work will be performed in the Ready Room.

2. Objective. In accordance with the terms of this contract, the Contractor shall be required to furnish all necessary labor, materials/supplies, equipment, services, and supervision to accomplish all tasks necessary for the performance of the work set forth in this Statement of Work (SOW). These services include, but are not limited to: construction, testing, documentation, and construction management necessary for the successful completion of the work. Prior to starting this project, the contractor will need to coordinate all activities with the COR and onsite POC.

3. All work shall comply with the requirements and specifications in this SOW. If there is a conflict between requirements within the SOW, the Contractor shall comply with the most stringent requirement, unless the Contractor through direct negotiation with the Contracting Officer receives written approval from the Contracting Officer to comply with the less stringent of the conflicting requirements.

4. Any alteration or deviation from specifications involving additional costs, changes to material, or cosmetic changes shall require prior written approval from the National Weather Service and the Contracting Officer.

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II. CONTRACTOR TASKS

Clean, Prime, and Paint metal lockers.

Remove all cabinets, countertops, ceramic flooring, wall paper and glue, ceramic base, sink and faucet.

Install new custom upper and lower wood cabinets including a floor to ceiling corner cabinet.

Install new 2 ea bar height countertops along two walls attached to corner cabinet to include 4 ea. Bar height chairs/stools.

Install new combo convection and microwave oven at ADA compliant height in corner floor to ceiling cabinet.

Install new 18” dishwasher in lower cabinets to right of sink.

Install new solid surface countertop on lowers.

Install new backsplash between upper and lower cabinets.

Install new Stainless Sink, gooseneck faucet, RO faucet, and spray nozzle at ADA compliant height and configuration.

Enclose sink plumbing components in cabinet matching wood providing for maintenance access.

Remove and replace existing lighting fixtures with LED Fixtures.

Remove and replace light switch with a motion sensor on the switch.

Remove and replace existing refrigerator. (Place old refrigerator in Storage

Room).

Repair any sheet rock damaged during removal of wall paper and texture wall matching existing texture.

Seal, prime, and apply two coats of paint walls, jambs, and doors.

Install new ceramic flooring, grout, and cove base with the correct adhesive.

Provide a working sketch of the layout of the proposed Ready Room renovation.

All plumbing associated with the Ready Room will be replaced.

All colors and styles including appliances, flooring, counter top, paint, grout, and sink to be selected by the NWS Staff.

III. Prime and Painting Interior Surfaces

For new sheetrock surfaces one coat of primer prior to two coats of high quality interior satin, eggshell, or equivalent sheen paint is required. Texture may be needed and matching texture on pre-existing walls will be required. Preparation of surfaces includes substrate cosmetic repairs, existing coating preparation and treatments such as filling in nail holes, filling minor cracks 3/32 inch width or less, wire brushing rust spost, scraping existing coating where peeling, deglossing, treating stained and mildewed ares..

For pre-existing sheetrock surfaces one coat of high quality interior satin, eggshell, or equivalent sheen is required. Two coats are optional and must be defined by the COR

PAGE 6 OF 42 1305M322QNWWP0056

and onsite POC. Preparation of surfaces includes substrate cosmetic repairs, existing coating preparation and treatments such as filling in nail holes, filling minor cracks 3/32 inch width of less, wire brushing rust spots, scraping existing coating where peeling, deglossing, treating stained and mildewed areas.

Additional preparation includes protection of existing surfaces not to be coated.

Contractor will provide false walls of plastic to protect the equipment and the desktops that are in the area.

Personnel and Equipment must be protected from dust and fumes as much as possible.

All furniture removal for this project will be completed by the contractor. Onsite POC will instruct contractor where to locate and store furniture if necessary.

The contractor will supply a choice of paint and/or stain samples for the local office to select the color preference.

IV. General Requirements.

1. Additional Alternative Approaches. If the Contractor believes that they have another viable approach to correcting a deficiency, they can submit a description of their approach, along with advantages and disadvantages and a firm, fixed price.

2. Code Compliance. The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is in compliance with the applicable codes.

3. Disposal. Unless specified otherwise by the Government, the Contractor will be required to properly remove and dispose of all construction and/or demolition waste material.

4. Quality Assurance. The project will be inspected by a Government representative to insure all areas of the parking lot and access roads have been patched and seal coated.

5. Work shall be scheduled at least 2 weeks in advance. Adjustments will be made if weather conditions interfere with selected dates.

6. Contractors will be able to set up an appointment for a site visit to preview the ready room, to verify measurements, and materials required for an accurate quote.

Failure to perform a site inspection will not justify any contact changes at a later date.

7. Warranty. The Contractor shall provide a one year warranty on labor and materials.

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V. NWS POINTS OF CONTACT (POC)

Will be listed at award

VI. Site Visit

All Bidders are strongly encouraged to make a site visit to inspect all proposed cabinet work, ceramic tile work, and all other items that will need to be evaluated. You will acquire all necessary site information to properly prepare the Bid Proposal. Failure of the Contractor to visit the site and acquire all necessary site information to properly prepare the Bid Proposal shall not be acceptable cause to justify a later request for additional cost after Contract Award.

IT Security Note:

Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required.

STANDARD CLAUSES

A. Compliance

The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is compliant with all applicable codes and be responsible for all licenses, permits and fees required to complete this project.

B. Disposal

The Contractor will be required to properly remove, recycle or dispose of all waste material.

C. Guidelines

The work shall follow the guidelines stated in the Statement of Work. All modifications must be submitted and approved by the Contracting Officer.

D. Hours of Operation

Work shall be performed between 8:00am - 4:30pm Monday through Friday unless otherwise approved by the local office personnel. Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation:

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New Year’s Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, Christmas, Memorial Day, Presidents Day, Independence Day, Martin Luther King Day and Juneteenth Day.

E. Facility Access

A sign in sheet shall be completed each day before any work begins. The sign in book is located in the building at the front desk.

F. Documents

The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions.

It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.

G. Davis Bacon Act The Contractor shall comply with the current wages of the Davis- Bacon Act.

H. Project Completion Project will be completed 120 days after contract award noificaiton.

SAFETY EMERGENCY PLAN AND

A. The Contractor shall observe and institute all applicable OSHA safety requirements and procedures to prevent accidents and injuries to both Contractor and Government employees including 40 CFR 1926 Subpart M for fall protection requirements.

B. The Contractor shall designate one person as Safety Coordinator for purposes of communication between the Contractor and the National Weather Service COR and site POC’s.

C. Contractor shall provide a Safety Plan and Procedure to protect employees from being injured while on the job site.

D. Contractor shall provide an Emergency Plan and Procedure to provide immediate care for an employee injured while on the job site. Submit plan to the COR and onsite POC’s for review and approval.

GOVERNMENT PROVIDED MATERIALS AND/OR SERVICES

A. EXCLUSIONS:

Unless otherwise indicated elsewhere in this SOW, the Government will provide no data, materials, equipment and/or services to the Contractor. Any and all research required to fulfill the SOW described herein, shall be the responsibility of the Contractor. The Government retains the right to request the Contractor to acquire additional information on behalf of the Government.

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B. WARRANTY:

The Government does not warrant that any documents provided as attachments to be free from discrepancies, ambiguities, errors, omissions, or changing conditions.

It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies between documents.

***All submittals shall become the property of the U.S. Government***

END OF STATEMENT OF WORK

RFQ Construction Clauses

PAGE 10 OF 42 1305M322QNWWP0056

PART I - CONSTRUCTION PURCHASE ORDER CLAUSES

(FIXED-PRICE)

UPDATED THROUGH FAC 2022-06 (MAY 2022) (DEVIATION 2021-06) (SEP 2021)

Due to Federal COVID19 protocols, all on-site contractor employees will be required to complete the non-Federal Employee and Visitor Certification Form attached and carry a copy with them when reporting to any DOC worksite. Additionally, those who do not certify they are fully vaccinated, or who decline to provide vaccination status, must obtain a negative COVID-19 test in order to access a DOC operating location or facility, per Senior Procurement Executive Message.

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 SEP 2021 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

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NUMBER TITLE DATE

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 52.222-19 Child Labor—Cooperation with Authorities and

Remedies (Deviation 2020-11) (Aug 2020)

JAN 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

52.222-35 Equal Opportunity for Veterans JUN 2020 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 52.223-5 Pollution Prevention and Right-to-Know Information

(Alternate I) (AUG 2003)

MAY 2011

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 52.232-5 Payments under Fixed Price Construction Contracts MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award Management.

OCT 2018

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

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 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984

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NUMBER TITLE DATE

52.244-6 Subcontracts for Commercial Products and Commercial Services

JAN 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 notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 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 (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 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.

"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

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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) 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 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of

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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. 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;

(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.

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(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

[* 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.]

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

- Tripartite Escrow Agreement

(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.

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(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.

(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 relate to performance in accord with the terms of the contract.

CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

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(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government’s rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor’s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor’s own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

CAR 1352.246-70 Place of Acceptance (April 2010)

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under this contract.

(b) The place of acceptance will be:

WFO El Paso 7955 Airport Road Santa Teresa, NM 88008

PAGE 18 OF 42 1305M322QNWWP0056

. CONSTRUCTION PROVISIONS

(FIXED-PRICE)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

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

(End of provision)

PROVISION

NUMBER

TITLE

DATE

52.204-7 System for Award Management OCT 2018 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations—Representation

NOV 2015

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

PAGE 19 OF 42 1305M322QNWWP0056

CONSTRUCTION ORDER REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

(FIXED-PRICE)

***Note: Offeror must complete and return this section with quote.***

NAME OF OFFEROR:

FAR 52.204-8 Annual Representations and Certifications (JAN 2022) (DEVIATION 2020-11) (AUG 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

PAGE 20 OF 42 1305M322QNWWP0056

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

PAGE 21 OF 42 1305M322QNWWP0056

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I and III.) This provision applies to solicitations containing the clause at 52.225-3. (DEVIATION 2020-11)

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

PAGE 22 OF 42 1305M322QNWWP0056

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract…