Sol_1305M324Q0405.pdf

1305M324Q0405

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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 services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

145023-24-0077

1 62

325 BROADWAY, SOU6

BOULDER CO 80305

WAD-SAP

120 Days After Award

ATLANTIC AND MET

LAB /R/AOML

4301 RICKENBACKER CAUSEWAY

MIAMI

FL 33149

303 578-9265DIANA ROMERO

08/23/2024 1400 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(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

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1305M324Q0405 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

0001 1 EA

Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for resurfacing parking lot for NOAA Atlantic Oceanographic and Meteorological Laboratory (AOML), at 4301 Rickenbacker Causeway, Miami, FL 33149 is located on Virginia Key, Florida in accordance with the attached statement of work.

Award Type: Firm-fixed-price Product/Service Code: Z1JZ Requisition No: 145023-24-0077

Section III - Description/Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Parking Lot Resurface Project Atlantic Oceanographic & Meteorological Laboratory (AOML) 4301 Rickenbacker Causeway, Miami (Virginia Key), Florida

1. INTRODUCTION

The Atlantic Oceanographic and Meteorological Laboratory (AOML), at 4301 Rickenbacker Causeway, Miami, FL 33149 is located on Virginia Key, Florida. AOML is a research facility owned by the National Oceanic and Atmospheric Administration (NOAA). The main building was commissioned in 1973 and consists of roughly 74,000 square feet of office, laboratory, workshop, machinery, and storage space.

2. BACKGROUND AND PURPOSE

This requirement is for the procurement of a contractor to resurface the entire AOML parking lot. Due to the age and constant use, there are several indents and uneven surfaces in the current parking lot.

This creates a safety hazard for employees and visitors. This resurfacing project is needed in order to keep the employee parking lot safe and a hazardous free environment.

3. EQUIPMENT COVERED

The equipment covered under this agreement includes all components considered to be part of AOML’s parking lot which includes but is not limited to: Asphalt surface, parking curbs and painted markings.

Contractor shall resurface all asphalt areas of the AOML property. Exact measurements shall be determined by the contractor.

4. Scope of work: Contractor shall provide all labor, materials and equipment necessary to complete the following unless noted below:

1. The contractor shall remove the existing surface by milling the asphalt to no more than 2” below the surface.

2.The Contractor shall ensure that the surface to be paved is cleaned with compressed air and any dust shall not be present for the adhesion of primer and tack coat. Contractor must check the slope of the existing surface. The slope must be adjusted and corrected, in such a way that the rainwater drainage should be done by gravity effects and the rainwater must be drained away from the parking lot.

3. The contractor shall apply a Prime Coat.

a. Before the primer coat can be applied a compacted sub coarse and a gravel base course must be applied. Refer to attached diagram.

b. Quality of Primer should be cationic emulsion as per ASTM 2397 and AASHTO M-208 – Standard Specification for Cationic Emulsified Asphalt. Immediately before applying the prime coat, the full width of the surface shall be cleaned with compressed air. iii) The bituminous material for the prime coat shall be applied by means of bitumen spray tankers. ii) This shall be applied in a single layer at the rate of 0.7

– 1.5 liters /sq.m and at a temperature not exceeding 70 deg C. This surface shall be cured for 24 hours.

iii) The over spread area shall be cured more than 24 hours/ until excess prime coat is evaporated.

4. The contractor shall apply the Binder course as follows:

a. Quality of Binder should be Bituminous Concrete as per ASTM D6373 and AASHTO M-320 Standard Specifications for Performance-Graded Asphalt Binder.

b. Immediately before paving the binder course material, the surface of the prime coat shall be cleaned with compressed air and shall be ensured that the surface is dry.

c. The asphalt paver shall lay the material to the required thickness and level.

d. The mix shall be compacted as soon as possible after spreading the material. Tandem rollers shall follow the laying operation to carry out breakdown rolling up to temperature of 110- 120° C. Pneumatic tired rollers and tandem rollers shall follow the breakdown rolling and sufficient passes shall be made to achieve the required compaction.

e. Rolling shall start from the sides and proceed toward the center. Each trip of the roller shall overlap the pervious trip by at least 30 cm. Roller wheel shall be kept moistened. The roller shall be capable of reversing without backlash and shall be free from worn parts.

f. Heavy rollers shall be used to complete all rolling including elimination of waves caused by the lighter rollers. Full compaction shall be obtained before the asphalt temperature reaches 100° C. Compaction shall be in accordance with specification of relevant standard.

g. The construction joints shall be prepared by cutting the layer vertically down by means of asphalt saw cutting machine or with jack hammer. The joint shall be cleaned well by compressed air and tack coat material shall be applied on the vertical and horizontal surface for better bonding. Extremely good care shall be taken when asphalt is laid at construction joints.

style="margin-left: 22.5pt; text-indent: 0in;">h. The areas inaccessible for heavy rollers shall be compacted with plate compactors or hand tampers. After reaching the base course top level, suitable fill material (dune sand) shall be dumped to the top level of base course on the sides of road shoulders. It shall be leveled, shaped (1:6 ratios) and compacted to 90% maximum dry density.

5. The contractor shall apply a Tack Coat as follows:

a. Provide emulsified asphalt conforming to ASTM D 2397 and AASHTO M-208 – Standard Specification for Cationic Emulsified Asphalt. Dilute the emulsified asphalt with equal parts of water. The base asphalt used to manufacture the emulsion shall show a negative spot when tested in accordance with AASHTO T 102.

b. The material shall be applied at the rate of 0.3 to 0.6 lit/ sq.m at the temperature not exceeding 54 °C above the binder and at where there is a joint with existing asphalt surface.

c. The surface shall be cured for the period as per manufacturer’s recommendations until a tacky surface is visible.

6. The contractor shall apply the surface coat as follows:

a. Surface Course Bituminous Concrete design mixtures shall respond to all ASTM and AASHTO standard specifications for Hot Mix Asphalt stipulated above. The Contractor shall submit, with the design mixtures, the sufficient passes to reach the optimum compaction of the asphalt.

b. The hot asphalt mix shall be spread over the cured surface of tack coat by automatic asphalt paver to the required profile and thickness.

c. The mix shall be compacted as soon as possible after spreading the material. Tandem roller shall follow the laying operation to carry out breakdown rolling up to a temperature of 110- 120° C.

d. Self-propelled rollers and Tandem rollers shall follow the breakdown rolling and sufficient passes shall be made to achieve the required compaction.

e. Rolling shall start from the sides and proceed toward the center. Each trip of the roller shall overlap the previous trip by at least 30 cm.

f. Roller wheels shall be kept moistened. The roller shall be capable of reversing without backlash and shall be free from worn parts. Heavy tandem roller shall be used to complete all rolling including elimination of waves caused by the lighter rollers. Full compaction shall be obtained before the asphalt temperature reaches 80° C. Compaction shall be in accordance with specification of relevant standard.

g. Along curbing, structures, and all places not accessible to the roller, the mixture shall be thoroughly compacted by tampers. Such tampers shall not weigh less than twenty-five (25) pounds and shall have a tamping face of not more than fifty (50) square inches.

h. No vehicular traffic loads shall be permitted on the newly paved area until adequate stability has been attained and the material has cooled sufficiently to prevent distortion or loss of fines. A minimum period of 12 hours shall be considered after the completion of the rolling.

7. Heavy Duty Asphalt Pavement Layers:

Note: All pavement thickness referred to in these specifications are compacted thickness. The Contractor shall place sufficient bituminous concrete mix to ensure the specified thickness of pavement occurs after compaction.

8 Contractor will also be responsible of any damage of premises resulting of this job, and restoration of the damages will be expected to occur within the 20 calendar days of the period given to complete the job.

9. Striping/markings:

a. Contractor shall perform lay-out and apply painted pavement markings to include, but not limited to crosswalks, parking stalls, handicap symbols and other traffic markings following Miami-Dade and Florida DOT guidelines.

Contractor shall ensure that lines must be white and 4 inches for each stall. All directional arrows shall be in white paint. Handicap stalls and symbols must be in blue and all fire lanes must be in yellow. All striping is to include but is not limited to markings on asphalt, cross hatching and handicap areas. Contractor shall send to the COR a complete list of colors and layout of pavement markings Ten

(10) ten days before striping is to begin for approval. If paving equipment goes over crosswalks or any other painted markings causing them to be marked up and discolored outside areas of work the crosswalk or lines must be re-painted after the paving operation is completed at no additional cost to the Government.

b. The contractor shall install new parking curbs.

c. All parking curbs for stalls shall be painted white. Parking curbs for Handicap stalls shall be painted in blue.

10. Closeout:

a. At completion of work, the Contractor shall clean any impacted areas to a condition equal to original condition. Contractor must clean the areas in premises where work was performed, remove all materials, left overs, debris and garbage from the premises every day by the end of the day. All shipping materials and construction debris are to be disposed of in a legal manner outside of the Compound.

5. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

6. NORMAL WORKING HOURS AND HOLIDAYS

All non-emergency services shall be performed during normal AOML working hours, i.e. 8:00 am to 4:30 pm Monday-Friday, excluding Federal Holidays.

NOAA personnel observe the following days as holidays:

New Year's Day Columbus Day Washington's Birthday Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Martin Luther King's Birthday

Any other day designated by Federal statute Any other day designated by Executive Order Any other day designated by the President's proclamation

Note: The Government reserves the right to close the facility and order Contractor personnel off the premises in the event of a national emergency or a shut-down, for as long as these issues persist. The Contractor may only return to the site with verbal approval from AOML.

7. SUBMITTALS: Submittals shall be approved before procurement, fabrication, or delivery of items to the job site. Partial submittals will not be acceptable and will be returned without review. Submittals shall include the manufacturer's name, trade name, catalog model or number, nameplate data, size, layout dimensions, capacity, project specification and paragraph reference, applicable Federal, Military, industry and technical society publication references, and other information necessary to establish contract compliance of each item the Contractor proposes to furnish. Failure to furnish required submittals can be cause for rejection of the material. Approval of submittals shall not relieve the contractor his obligation to comply with the contract specifications and drawings.

8. PLACE OF PERFORMANCE

4301 Rickenbacker Causeway, Miami, FL 33149

9 PERIOD OF PERFORMANCE

120 working days after receipt of award.

10.. CONTRACTOR’S RESPONSIBILITIES

a. The Contractor shall provide all labor and transportation needed for this project.

b. The Contractor’s employees must wear an ID badge and PPE at all times and remain within approved working areas.

c. The Contractor and all Contractor employees shall comply with all regulations, rules, etc., pertaining to health, safety and security of a federal building.

d. The Contractor shall provide the necessary supervision and inspection of the work performed to ascertain compliance with the specifications of the contract.

e. All work shall be performed in a workmanlike manner and with a minimum amount of interference with the activities in the offices and labs.

f. The operation of private vehicles by Contractor’s employees on or about the AOML campus shall conform to regulations and safe driving practices.

11. SPECIAL CONSIDERATIONS

a. The Government reserves the right to exclude or remove from the site or building any employee of the Contractor whom the Government deems unsafe, incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the work is deemed by the Government to be contrary to the public interest. Contractor affirms that at no time AOML IT equipment shall be used during this contract without the explicit permission of AOML IT staff.

b. Close coordination with AOML personnel is important. Primary contacts are as follows:

James Barone 561-696-8049 James.Barone@noaa.gov Poinsettia Byrd 305-361-4420 Poinsettia.Byrd@noaa.gov mailto:Poinsettia.Byrd@noaa.gov

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting.

(AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

52.219-28 Post-Award Small Business Program Rerepresentation.

(FEB 2024)

52.219-32 Orders Issued Directly Under Small Business Reserves.

(MAR 2020)

52.222-6 Construction Wage Rate Requirements. (AUG 2018) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

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

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (MAY 2024)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.232-5 Payments Under Fixed-Price Construction Contracts.

(MAY 2014)

52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work.

(APR 1984)

Clause Number Clause Title 52.236-5 Material and Workmanship. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-27 Site Visit (Construction). (FEB 1995) 52.236-28 Preparation of Proposals - Construction. (OCT 1997) 52.243-5 Changes and Changed Conditions. (APR 1984) 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)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007) APPLIES IF QUOTE IS OVER $150K

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

(a) Definitions. As used in this provision- "Lobbying contact" has the meaning provided at 2 U.S.C.

1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203- 12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, javascript:void(0) javascript:void(0) shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

APPLIES IF QUOTE IS OVER $150K

(a) Definitions. As used in this clause-

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit.

This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph

(b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees. (i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern-

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (JUN 2020) APPLIES IF QUOTE IS

OVER $150K

Performance and Payment Bonds - Construction. (JUN 2020)

(a) Definitions. As used in this clause -

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) APPLIES IF QUOTE IS OVER $150K

Additional Bond Security. (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government;

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

(End of clause)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

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

(a) Definition. As used in this provision-

Internal confidentiality agreement or statement, subcontract, and subcontractor, 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)

FAR 52.204-8 Annual Representations and Certifications. (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $45.0M.

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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

(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 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, Certification Regarding 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

(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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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.

[ ] (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 Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in…