Sol_1305M325Q0274.pdf

UNRESTRICTED - Construction Project – Services, Non-Personal for Access Road and Wind Shelter Repair for Eureka NWS per the attached Statement of Work.

UNRESTRICTED per FAR Part 13 under the Simplified Acquisition Threshold (SAT). Firm Fixed-Price contract will be awarded per the Trade-Off criteria in CAR 1352.213-70. See the attached full SF 18 Construction Clauses and Provisions with all terms and conditions which all vendors must be in compliance with to be eligible for award. New contract, no incumbent.

BONDING/LOC WILL BE REQUIRED UNLESS YOUR QUOTE IS UNDER $35K.

PERIOD OF PERFORMANCE

Date of Award through 120 days, quotes must provide confirmation they can fulfill this requirement.

PLACE OF PERFORMANCE:

National Weather Service (NWS), NEXRAD KBHX. 40°29'54"N 124°17'32"W.

THE GENERAL DECISION (GD) CA20240004, REVISION 4 POSTED ON 07/04/2025 WILL

BE INCORPORATED AND MAY BE VIEWED AT WWW.SAM.GOV

SEE THE ATTACHED SF 18 CONSTRUCTION TEMPLATE WITH ALL TERMS AND

CONDITIONS WHICH ALL VENDORS MUST BE IN COMPLIANCE WITH TO BE

ELIGIBLE FOR AWARD.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT

OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND

RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT.

Per Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

CONSTRUCTION PURCHASE ORDER CLAUSES

(FIXED-PRICE)

UPDATED THROUGH FAC 2025-03 (JAN 2025)

FAR 36.204 Disclosure of the Magnitude of Construction Projects

The magnitude is

(a) Less than $25,000.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

http://www.sam.gov/

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®.

(End)

CAR 1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN

WRITING VIA EMAIL TO JAMIE.ROSALES@NOAA.GOV. QUESTIONS SHOULD BE

RECEIVED NO LATER THAN 08/26/2025. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

FAR 52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Joshua Miller Email: joshua.miller@noaa.gov Phone: 509-224-0110

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. All questions during the site visit should be submitted electronically to Jamie.Rosales@noaa.gov.

CAR 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures (APR 2010) The Government intends to award a trade-off, firm fixed price purchase order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors with payment terms of Net 30.

The evaluation will consider the Non-Price Technical Solution (Technical Approach, Capability, Experience and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factors, price becomes more important.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds.

The Government may award to other than the lowest-priced vendor or the vendor with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

The following factors are listed in order of importance and will be used to evaluate quotations:

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Experience.

The offeror's background, experience, and qualifications (relevant past projects performing similar services, certifications related to current requirement, etc.) will be assessed to determine the likelihood that the offeror can successfully perform the contract requirements. Offeror must have knowledge and experience with road work repairs.

3. Past Performance.

Quote shall include at least two references from at least two separate contracts for similar and relevant recent services within the past two years including the name, phone number, full address, and e-mail address of the reference to demonstrate the offeror’s capability to successfully perform the services listed in the Statement of Work.

The offeror is required to fill out blocks 1-4 and send the attached Past Performance Questionnaire to the references provided by the offeror in their submission. The references should complete the Past Performance Questionnaire and then email it directly to Jamie.Rosales@noaa.gov by the closing date and time of this solicitation.

The Government reserves the right to consider past performance report forms received after the due date and time of the solicitation, past performance questionnaires submitted from previous solicitations, and to contact references for verification or additional information.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

mailto:Jamie.Rosales@noaa.gov

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A good past performance rating provides higher confidence than a neutral or satisfactory rating.

4. Price.

The quoted prices will be evaluated but not scored. The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements.

Quoted prices must be entirely compatible with the Non-Price Technical Solution.

(End of Provision)

CAR 1352.213-71 Instructions for Submitting Quotations Under the Simplified Acquisition Threshold—Non-Commercial (APR 2010)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 238990 and $19 Million.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show–

(1) The solicitation number;

(2) The name, address, and telephone number of the offeror;

(3) Acknowledgment of solicitation amendments;

(4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation.

(5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information).

(6) Price and any supporting details for the price, as requested in the solicitation.

(c) Offerors are responsible for submitting quotations and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint.

The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.

(End of Provision)

CONSTRUCTION ORDER CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

(FIXED-PRICE)

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

ORDER/CONTRACT NUMBER: 1305M325Q0274

NAME OF OFFEROR: ____________________________________

ASBESTOS-CONTAINING MATERIALS CERTIFICATION

The offeror hereby certifies that no asbestos-containing materials, products or supplies will be delivered to the work site or utilized or installed during the performance of the proposed contract. The offeror also certifies, that if awarded the contract, they will be responsible for the cost of removal of all asbestos-containing materials, products or supplies delivered to the work site or utilized or installed during the performance of the contract, and the cost for remediation of any hazard created.

Offeror Name: ________________________________________

Certifying Official (Vendor Signs)

Signature:

Printed Name:

Title:

Date:

AUTHORIZED NEGOTIATOR(S)

The offeror or respondent represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this Request for Offer:

NAME TITLE TELEPHONE

NUMBER

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. 6/1995)

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

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)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

WOODLEY ISL& 300 STARTARE DR

WAD-SAP

325 BROADWAY, SOU6

BOULDER CO 80305

1305M325Q0274

JAMIE ROSALES

EUREKA WFO CALIFORNIA

95501-6000

08/19/2025

08/29/2025 1200 MD

120 Days After Award

EUREKA

CA

1 79

1305M325Q0274 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

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Access Road and Wind Shelter Repair for Eureka NWS in accordance with the Statement of Work.

Period of Performance is date of award through 120 days.

Award Type: Firm-fixed-price Product/Service Code: Z1LB

Section III - Description/Specifications

STATEMENT OF WORK SOW

1. BACKGROUND:

The National Weather Service (NWS), Next Generation Radar (NEXRAD) in Eureka, CA, has a wind shelter attached to two fiber bond buildings that serves as a windbreak. This shelter is in need of rust mitigation and repair due to the climate in the area. The access road to the site hasn’t been maintained and suffers from major potholes and ruts caused by water run off.

2. GENERAL INTENTION:

This requirement is to improve drainage and removal of excess vegetation for vehicular travel on the access road to the site located in Ferndale, CA. The road is approximately 1.5 miles and is in need of rehabilitation to a state that allows for proper water runoff and safe travel. The access road work will start at 40°30'05"N 124°16'23"W and end at 40°29'54"N 124°17'32"W. The wind shelter will need surface stripping, rust rehabilitation and painting to prolong its lifespan.

3. GENERAL REQUIREMENTS:

The contractor shall provide all supervision, labor, tools, materials and equipment necessary to perform work as stated. All work and materials supplied shall be in accordance with these instructions, manufacturer’s specification, all applicable federal, state, local, OSHA, EPA, NEC, NFPA, building and facilities codes and criteria.

The Contractor Shall:

Access Road:

2.1. Accomplish all work according to these instructions, following specifications and accepted trade and industry standards.

2.2. The contractor will verify all measurements.

2.3. Ensure all vegetation is cleared alongside the roadway to allow safe traffic flow and fire protection as per DOT standards.

2.4. Provide all equipment and machinery necessary to complete the project as set forth in these specifications.

2.5. All road work must not impede local traffic. Must have work warning signs posted per DOT standards.

Wind Barrier:

2.6. Strip surface to bare metal at corroded areas.

2.7. Assess stripped surface for excessive damage. Patch or replace areas as needed

2.8. Replace all fasteners with stainless steel.

2.9. Paint all shelter surfaces with one coat of rust inhibitive primer and two coats of durable exterior paint that are appropriate for the outdoor moist climate. Color must be approved by the Contracting Officer’s Representative (COR) prior to painting. The Contractor will provide a minimum of 5 color options for selection.

2.10. Install enough galvanized sacrificial anodes to properly protect the total wind shelter

SURFACE BLADING SPECIFICATIONS:

Description:

Surface blading is keeping the native or aggregate surfaced road in a condition to facilitate traffic, minimize additional future maintenance, reduce erosion, and provide proper drainage. It includes maintaining the crown, in-slope or out-slope of the traveled roadway and shoulders, water bars, drainage dips, leadoff ditches, berms, turnouts, removal of minor slides and slumps, and other irregularities that prevent normal runoff from the road surface. Add imported aggregate base material must meet California DOT specifications for a Type 1, class A material to achieve these desired conditions.

Requirements:

Surface blading shall be performed as necessary and to the standards required to facilitate traffic and proper drainage.

The blading shall be performed in such a manner as to preserve the existing cross section and to conserve surface materials. On gravel-surfaced roads, the base must not be disturbed and no surface material may be bladed into the ditch or over the road shoulders. Blading of native surface roads shall be performed so no base material less than 4 inches in the greatest dimension is lost. All ruts, holes, etc., shall be removed by scarifying and/or cutting to the bottom of any surface irregularities. Oversize material brought to the surface in the scarification process shall be removed from the roadway. Surface material which has been displaced to the shoulders, turnouts, outside of curves, etc., shall be brought back so as to leave a uniform depth on the traveled way at completion of blading. Water shall be applied during blading if sufficient moisture is not present to prevent segregation.

Roadside cut-slopes or berms shall not be undercut.

At intersections, the roadbeds of side-roads shall be graded for a reasonable distance to assure proper blending of the two riding surfaces.

Drainage dips and leadoff ditches shall be cleaned and continually maintained to conform reasonably to their original constructed lines, grade, and cross section.

Berms shall be repaired promptly by placing selected material as needed to restore the berm to its original condition.

All blading operations shall be properly “Signed” in accordance with all applicable state laws.

Surface blading of native surface roads also includes ditch cleaning, which shall be done in accordance with the following ditch cleaning specifications.

DITCH CLEANING SPECIFICATIONS:

Description:

Ditch cleaning is removing and disposing of all slough material from roadside ditches to provide an unobstructed waterway, conforming to the previous line, grade, and cross section.

Requirements:

Native Surfaced Roads. Slough material from ditch cleaning, if suitable, may be placed and blended into the existing road surface or shoulders or placed in a designed berm during surface blading.

Aggregate Surface Roads. Slough material from ditch cleaning shall not be mixed with aggregate surfacing or left on the road surface unless otherwise agreed. Material shall be disposed of in an agreed manner at designated locations

4. SUBMITTAL REQUIREMENTS:

The contractor shall provide electronic copy of each required submittal in accordance with the below schedule:

Deliverable Objective Due Deliver To

Work Schedule, with start and completion dates

Coordinate scheduling with NWS Technical POC

Within 10 days of the awarded contract.

Contracting Officer’s representative

(COR)

Designation of on-site, job-site supervisor and contact information Provide a Primary POC to NWS Contract Award COR

Manufacturer Warranty Documentation Warranty parts and labor Upon acceptance of work Contracting Officer

(COR)

SDS List any hazardous material that will be used in performance of this contract. Ref. FAR 52.223-3 and FED-

STD-313E

Within 10 days of the awarded contract. COR

Biobased Report (copy)

Report purchases of Biobased products in System for Award Management (SAM). Ref. FAR 52.223-2

Upon acceptance of work

COR

5. LOCATION:

The project is to be completed on the below premises of the National Weather Service (NWS), NEXRAD

KBHX. 40°29'54"N 124°17'32"W.

6. PERIOD OF PERFORMANCE:

Date of Award through 120 Days.

7. DEFINITIONS:

Where “as shown”, “as indicated”, “as detailed”, or words of similar import are used, it shall be understood that reference to the drawings accompanying this specification is made unless stated otherwise.

Where “as directed”, “as required”, “as permitted”, “approved”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Contracting Officer is intended unless stated otherwise.

As used herein, “provided” shall be understood to mean “provided complete in place”, that is “furnished and installed”.

8. REGULAR WORKING HOURS:

Regular working hours are from 0700 to 1600 Monday through Friday except Federal holidays and other days specifically designated by the designated representative. “Regular Working Hours” means hours a contractor can expect to be allowed to perform work on site, or be able to contact the office. Anything outside regular working hours must be done by permission of Contracting Officer Representative (COR) only.

Observance of Legal Holidays and Site Closure Information

The Contractor shall observe any federal holidays set forth in the Department of Labor Wage Determinations, if the holiday falls within the period of performance of this contract.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the COR. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the Contractor is instructed to contact the COR for guidance.

9. CONDUCT OF WORK

The contractor must ensure employees are physically able to accomplish the work specified herein. All such employees working on government premises are subject to all applicable federal rules and regulations with regard to entering and leaving the premises and building(s). Any contractor employee https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination who is considered incompetent, careless, insubordinate, unsuitable, or otherwise objectionable or whose continued employment is contrary to the public interest by the government’s designated representative will be promptly removed from the contract work upon notification to the contractor by the Contracting Officer that such conditions(s) described above exist. Only legal US citizens and immigrants are allowed to work on federal government construction projects.

10. SAFETY REQUIREMENTS:

All work shall be conducted in a safe manner and shall comply with station regulations and Department of Labor Standards. The government will not provide safety equipment to the contractor. The contractor’s work site may be inspected during performance of the contract for EPA, OSHA and station safety violations. It will be the contractor’s responsibility to rectify any violations immediately.

The contractor shall report any accidents that occur during the performance of the contract to the COR, within 24-hours of an occurrence.

Provide and maintain fire extinguishers in construction areas. Flammable and Combustible Liquids:

Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

11. SECURITY REQUIREMENTS:

All personnel performing work under this contract shall be legal citizens or legal immigrants of the United States.

12. IDENTIFICATION OF CONTRACTOR VEHICLES:

Each Contractor provided vehicle shall show the Contractor’s name that is clearly visible with the expectation of excavating equipment. Display a valid State license plate and safety inspection sticker, if applicable. Contractor vehicles operated on property shall be maintained in good repair.

13. CLEANUP:

All material waste resulting from work must be disposed of according to all Federal and State laws and regulations. The premises shall be kept free at all times from accumulation of waste and/or rubbish resulting from the work. Upon completion of the work, all debris, tools and surplus materials shall be removed and the entire area shall be left in a neat and clean condition. All debris, trash, waste and surplus material shall be properly disposed of off-site.

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (NOV 2024)

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)

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

52.219-28 Postaward Small Business Program Rerepresentation.

(JAN 2025)

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)

52.222-10 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)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)

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) 52.236-2 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) 52.246-12 Inspection of Construction. (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994)

Clause Number Clause Title

52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking. (JAN 2025)

52.249-1 Termination for Convenience of the Government (Fixed- Price) (Short Form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

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 52.204-24 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 paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

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

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

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

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

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

Domestic construction material means-

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

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

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

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

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

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

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

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

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

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

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

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

NONE

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

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

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

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

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

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

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

(2) For…