SF18 NWWR95762100238.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-WR9576-21-00238

NW-WR9576-21-00238

1305M321QNWWR0056

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

MICHELLE WALTON

MICHELLE.WALTON@NOAA.GOV

Please See Continuation Page for Line Item Details

303 497-6335

RIVERTON WFO WYOMING

12744 WEST HIGHWAY 26

RIVERTON

82501WY

JUL 07, 2021

OCT 07, 2021

DUNS:

WR957623

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 238110 with a size standard of $16.5M

Davis Bacon Wage Determination rates WY20210009, Modification 1 are incorporated and may be viewed at SAM.gov.

SITE VISIT:

The government recommends a site visit and vendors must contact Logan Wood in advance of site visit.

Site visit is scheduled for Minday, June 28, 2021 at 12:00PM local time.

WFO Riverton 12744 Highway 26 Riverton, WY 82501

Contact Logan Wood at 760-267-3586 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, 2021, 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 Repair the foundation at Riverton, WY Weather Forecast Office (WFO). The foundation under the north and north west wall is cracking and pulling away from building.

This repair will prevent structural failure.

All work is to be completed 90 days after award or sooner.

1.00 JB

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Table of Contents

Statement of Work

Construction Clauses

Wage Determinaton

PAGE 3 OF 44 1305M321QNWWR0056

CLAUSES

Statement of Work

PAGE 4 OF 44 1305M321QNWWR0056

RIW Riverton, WY

Statement of Work

Riverton Earthwork and Foundation Repair

WFO -RIW– Riverton, WY

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Statement of Work

Riverton Earthwork and Foundation Repair

Location:

National Weather Service 12744 West U.S. Hwy 26 Riverton, WY 82501

Scope:

The North West corner of the Weather Forcecast Office (WFO) at Riverton (RIW) is failing due to a possible combination of issues including but not limited to moisture from the sprinkler system and the soil quality near the foundation appearing to be fill material without proper moisture conditioning and compaction for the foundation.

The contractor shall perform analysis of the foundation of the RIW WFO and provide recommendations for both repairing the foundation and removing any concerns for future foundation issues including but not limited to moisture concerns.

Description of Work:

Earthwork shall be performed per the following:

Classification Suitable Materials Structural Fill WYDOT Grading W, Envelope A Slab Fill Envelope A Slab Subbase WYDOT Grading W Site Fill Native Site Soil o Engineered fill should be moisture-conditioned before placement and compaction with preferred moisture contents ranging from 4 percent below to 2 percent above the optimum moisture content. The contractor’s equipment and procedures should produce a horizontal, uniformly mixed and compacted lift. In-place density and water content of each lift of fill materials should be tested or approved, or as otherwise recommended by the geotechnical engineer.

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o If construction takes place during cold weather, care should be taken to prevent construction on frozen soils. In addition, fill materials should not contain snow and/or ice and should not be placed in frozen condition.

Various options for ground improvement shall be investigated and implemented including but not limited to pressure grouting, underpinning, and/or helical screw piles.

o Pressure grouting Pressure grouting must be performed by experienced, competent specialty contractor for the purpose of determining the proper size, location, and installation of the pressurized grout.

Pressure grouting process must follow all ASTM and ACI sections for quality assurance, testing, and longevity.

o Underpinning Prior to underpinning, temporary supports shall be installed to hold the foundation and floor while the process is underway.

Excavate a minimum of 56 inches below the northwest foundation footer and replace with flowable fill or lean concrete. Flowable fill or lean concrete should extend at least 6 inches horizontally from the edges of the original concrete footing and fill all voids which cannot be backfilled and properly compacted according to earthwork above. Excavation slopes of up to 1.5 horizontal to 1.0 vertical may be necessary to attain stable excavation sides and protect surrounding soils.

Controlled low-strength material (CLSM), mixture proportion, mixing, transportation and placing practices should conform to

ACI 229-R.

Preparation and testing of CLSM test cylinders should conform to

ASTM D4832.

o Helical screw piles Helical screw piles must be installed by experienced, competent specialty contractor for the purpose of designing, supplying, and installing helical screw piles.

The helical screw piles must be installed accurately, vertically (plumb), and sufficiently embedded in the bearing stratum to develop full and proper potential for building support.

Pile-installing contractor shall be prepared to adjust pile lengths if additional penetration becomes necessary or if adequate capacity is achieved at shallower depths. It is imperative that piles extend fully to the sedimentary bedrock stratum and not be terminated at shallower depths based on installation torque.

Steel helical piles should meet minimum yield strength of 95,000 lbs/sq in for shaft steel and 80,000 lb/sq in for helix steel.

Galvanization should meet requirements outlined in ASTM-A153 Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware.

Recommended pile spacing of not less than 3.0 times the diameter of the largest helix measured from the shaft center to shaft center of the piles.

Piles should be spaced evenly and symmetrically. A load transferring device should be constructed over all piles at each column location and/or grade beam support. The device should be designed such that the anticipated load imposed in uniformly

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distributed to each pile. The structural design of the load-transferring device should be performed by a structural engineer.

Helical piles shall be installed using equipment with a rotary type motor and be capable of meeting torque requirements for the pile design in either forward or reverse directions. Percussion drilling is not recommended. Equipment should be capable of applying axial compression (crow) pressure and torque simultaneously.

Helical pile installation records should be maintained by a qualified geotechnical engineer. Each pile should be observed before installation and checked for compliance with these recommendations and each pile should be observed during installation for potential damage including excessive shaft wrap or twist. Proper embedment and bearing capacity should be verified before the pile is recommended for acceptance.

Verification of allowable bearing capacity should be based on installation torque and utilizing a factor of safety of 2.

Evaluate existing lawn sprinkler system’s proximity to the subject corner.

Correct any issues with the proximity of the sprinkler system and the resulting moisture impact on foundation soils.

Evaluate and correct any other concerns relating to moisture issues that would affect the foundation after repair.

Bid Requirements:

Contractor shall:

1. Bid this contract in accordance with the Federal Prevailing Wage Standards.

Completion Date of this project shall be no later than 90 days after award. If any delays are expected, the Government Contracting representative shall be notified as soon as possible to coordinate the modification.

Inspections and Acceptance:

Upon completion, before invoicing, contractor shall notify the Facility Engineering Technician (FET) for approval and/or acceptance.

Terms of the SOW:

1. The Contractor shall be licensed and insured. The Contractor may be required to provide the National Weather Service with a copy of the license and proof of insurance.

2. The Contractor shall designate a local supervisor representative to the contract site, with contact numbers, for the FET to communicate with about the quality or work, progress, and technical details of the project. Neither the local representative nor the FET has the authority to modify the contract in any manner which might affect the cost thereof.

3. The contractor shall be responsible for the scheduling and coordination of work on the site with the Meteorologist in Charge (MIC) or their designee. In the event severe weather occurs within the warning area of the work site, all work being performed by the contractor may be halted by the local MIC. Work stoppage due to severe weather in the warning area is not negotiable and all work shall stop immediately.

4. Unless otherwise approved the Contractor shall schedule all work Monday through Friday with eight (8) work hour days between the hours of 7:00 am and 5:00 pm. Longer work days and work on Saturday may be approved; however, no work shall be performed on Sundays or Federal Holidays. The FET or MIC shall

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be notified when changes in the project schedule are requested along with the reason.

5. The Contractor shall be responsible for removal and disposal of all unused materials and placed equipment. All disposals shall conform to Federal, State and local environmental regulations.

6. All materials shall be new (not used). .

7. The Government reserves the right to inspect for quality control at any point during the maintenance process.

8. The Government assumes no responsibility for the division of work to be accomplished by subcontractors. The prime Contractor shall be the solely responsible party to the Government for meeting the terms of the awarded contract.

Safety and Environmental Requirements:

1. The Contractor and Sub-Contractors shall comply with all applicable Federal, State, and Local law and regulations pertaining to safety and environmental requirements.

2. The Contractor shall be able to provide to the Contracting Officer, or the designated official, Material Safety Data Sheets (MSDS) for all chemical products prior to them being brought on site. These products include, but not limited to solvents, cleaners, paints, pesticides, herbicides, and lubricants. The Contractor shall comply with the following;

a. All products shall be kept in original container with legible label.

b. If the product is placed in smaller container for use, the smaller container shall be marked legible stating the product it contains.

c. There shall not be any chemical product mixed together unless intended by the chemical manufacture.

3. The Contractor shall request and receive markings before any excavation from all utilities. The Contractor shall document all communications with utilities including the date and time and the person notified by the Contractor.

4. The Contractor shall dispose of all waste material and old units and products off site in accordance of Federal, State, and Local law and regulations at Contractors expense. The Contractor shall remove all unused materials/products that was supplied or purchased by the Contractor or the Government in performance of this contract unless otherwise specified in writing by the Contracting Officer. If the Contracting Officer specifies material/product to be retained for the Government the Contracting Officer will note storage area.

5. The contractor is responsible for the clean-up and remediation of any chemical/ compound spills.

-END OF SOW-

Construction Clauses

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PART I - CONSTRUCTION PURCHASE ORDER CLAUSES

(FIXED-PRICE)

FAC 2021-05 (MAR 2021) (DEVIATION 2020-11) (AUG 2020)

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.

JUL 2018

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

AUG 2020

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

JUN 2020

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 NOV 2020 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 AUG 2018 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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CLAUSE

NUMBER TITLE DATE

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Deviation 2020-11) (Aug 2020)

JAN 2020

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 OCT 2020 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information

(Alternate I) (AUG 2003)

MAY 2011

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) DEC 2013 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 52.244-6 Subcontracts for Commercial Items NOV 2020 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

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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 90 days after award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.225-9 Buy American—Construction Materials (FEB 2021)

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

(3) 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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

“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 component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

The following articles have been determined to be nonavailable in accordance with FAR 25.104:

Acetylene, black Agar, bulk Anise Antimony, as metal or oxide Asbestos, amosite, chrysotile, and crocidolite Bauxite Bephenium hydroxynapthoate Bismuth Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which domestic editions are not available Cadmium, ores and flue dust Calcium cyanamide Chalk, English Chrome ore or chromite Cinchona bark Cobalt, in cathodes, rondelles, or other primary ore and metal forms Colchicine alkaloid, raw Copra Cork, wood or bark and waste Cover glass, microscope slide Crane rail (85-pound per foot) Cryolite, natural Dammar gum Diamonds, industrial, stones and abrasives Emetine, bulk Ergot, crude Erythrityl tetranitrate Fibers of the following types: abaca, abace, agave, coir, flax, jute, jute burlaps, palmyra, and sisal Goat and kidskins Goat hair canvas Graphite, natural, crystalline, crucible grade Hand file sets (Swiss pattern) Hemp yarn

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Hyoscine, bulk Ipecac, root Iodine, crude Kaurigum Lac Leather, sheepskin, hair type Lavender oil Manganese Menthol, natural bulk Mica Microprocessor chips (brought onto a Government construction site as separate units for incorporation into building systems during construction or repair and alteration of real property) Modacrylic fiber Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts Nitroguanidine (also known as picrite) Nux vomica, crude Oiticica oil Petroleum, crude oil, unfinished oils, and finished products Platinum and related group metals, refined, as sponge, powder, ingots, or cast bars Quartz crystals Quebracho Quinidine Rabbit fur felt Radium salts, source and special nuclear materials Rubber, crude and latex Rutile Santonin, crude Secretin Shellac Silk, raw and unmanufactured Spare and replacement parts for equipment of foreign manufacture, and for which domestic parts are not available Talc, block, steatite Tantalum Thread, metallic (gold) Tin in bars, blocks, and pigs Triprolidine hydrochloride Tungsten Wax, carnauba Wire glass Woods; logs, veneer, and lumber of the following species: Alaskan yellow cedar, angelique, balsa, ekki, greenheart, lignum vitae, mahogany, and teak Yarn, 50 Denier rayon [Contracting Officer to list applicable excepted materials or indicate “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—

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

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

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

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

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph

(b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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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.

(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.

(End of clause)

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.

(End of clause)

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.

(End of clause)

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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.

(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.

(End of clause)

PAGE 17 OF 44 1305M321QNWWR0056

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 Riverton 12744 Highway 26 Riverton, WY 82501

(End of clause)

1352.237-71 Security processing requirements—low risk contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—Special Agency Check (SAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—National Agency Check and Inquiries (NACI).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the

PAGE 18 OF 44 1305M321QNWWR0056

prospective contractor into e-QIP to complete the SF–85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI–86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI–86C, FD–258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI–86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e. , adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF–85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

PAGE 19 OF 44 1305M321QNWWR0056

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

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

(End of clause)

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

PAGE 20 OF 44 1305M321QNWWR0056

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)

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 (MAR 2020)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238 .

The small business size standard is $16.5M.

The small business size standard for a concern which submits an offer in its own name, otherthan on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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:

and certifications in the solicitation.

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

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(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

(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)…