Sol_140A0325Q0006.pdf
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- Attached to
- FIRE RATED COUNTER DOORS Federal contract opportunity
- Solicitation number
- 140A0325Q0006
About this file
This is a federal solicitation (SF-1442) issued by the Bureau of Indian Affairs (BIA) for the installation of fire-rated rolling counter doors at the Anadarko Agency in Oklahoma. The project involves demolishing and installing four new fire-rated rolling counter doors that comply with NFPA 80 and UL Directory standards, including removing existing doors, preparing openings, applying fire-retardant coating to wood framing, installing new door assemblies, and completing electrical work with new conduit, wiring, and breakers.
The solicitation is set aside exclusively for small businesses registered in SAM.gov under NAICS code 238290 (Other Building Equipment Contractors). The government estimates the project value between $25,000-$100,000 and anticipates awarding a firm fixed-price contract by July 1, 2025, with a Notice to Proceed issued within two weeks of award. The contract will have a performance period of 30 calendar days, and no bonding is required if the bid is under $35,000. Bidders must submit their offers electronically by June 6, 2025, including a quote, door specifications, completed SF-1442, and representations and certifications.
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION CALL
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
BIA SPRO 00003
100 NORTH RIVERSIDE DRIVE
Contracting Office Anadarko OK 73005-0328
A03
Crystal Keys 4059336016
105/13/2025
140A0325Q0006
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT TITLE: INSTALLATION OF NEW COUNTER ROLLING DOORS
Description of Work - Demolition and installation of four new fire rated rolling counter doors that are compliance with NFPA 80 and listed in the UL Directory.
Contractor will be responsible for visiting the site to verify the size.
Work includes removing and disposal, preparing the openings, application of fire-retardant clear coating to existing exposed wood framing on interior walls, installing the door assemblies, installation of new rigid EMT conduit, j-boxes, and electrical wire from electrical room, breakers as required to ensure proper operation and fire ratings, and completing necessary inspections and testing, all in accordance with manufacturer instructions and NFPA 80.
All door assemblies, hardware, framing, fasteners, motors, controls, conduit, wiring shall be brand new, no blemished, factory seconds, remanufactured items permitted.
Type of Contract - The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a firm fixed price contract from this solicitation for the installation of doors under Federal Acquisition Regulation (FAR) Part 13, Simplified
Continued ...
11. The Contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 30 calendar days and complete it within ________________ ________________ calendar days after receiving
06/06/2025
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 12/2022)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
BIA SPRO 00003
100 NORTH RIVERSIDE DRIVE
Contracting Office Anadarko OK 73005-0328
A03
Jocelyn Littlechief
28. NEGOTIATED AGREEMENT 29. AWARD
and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
10 U.S.C. 3204(a) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 12/2022) BACK
Continued...
and return
(Contractor is not required to sign this document.) Your offer on this
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 28
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140A0325Q0006
Acquisition Procedures and Part 36, Construction and A/E Contracts.
NAICS The North American Industry Classification
System (NAICS) Code is 238290, Other Building
Equipment Contractors, with a business size standard of $22mil.
Contract Award - The Government anticipates the award to be made by July 1, 2025, with Notice to
Proceed being issued within two weeks of award.
Socioeconomic Programs - This procurement is being set-aside exclusively for Small Businesses.
Only those vendors that are registered in sam.gov as a small business under the stated
NAICS Code can submit a bid. All bidders will need to be registered and active at the time bids are due. Those not registered will be eliminated and determined as non-responsive.
Magnitude of Project - In accordance with FAR
Part 36.204, the magnitude of the Government
Estimate is between $25,000-$100,000.
Bonding - It is anticipated that bids will come in under $35k, so no bonding will be required. If your bid does exceed $35k, bonding will be required in accordance with FAR 28.102-2.
00010 Fire Safe Counter Doors 3 EA
Product/Service Code: 3895
Product/Service Description: MISCELLANEOUS
CONSTRUCTION EQUIPMENT
Period of Performance: 07/01/2025 to 07/31/2025
00020 Fire Safe Counter Doors 1 EA
Product/Service Code: 3895
Product/Service Description: MISCELLANEOUS
CONSTRUCTION EQUIPMENT
Period of Performance: 07/01/2025 to 07/31/2025
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
A - Solicitation/Contract Form
SUPPLEMENT TO SF 1442
A.1 Type of Contract
The Department of Interior, Bureau of Indian Affairs (BIA) intends to award a firm fixed price contract from this solicitation for the installation of fire-resistant rolling counter doors under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures and Part 36, Construction and A/E Contracts.
A.2 NAICS
The North American Industry Classification System (NAICS) Code is 238290, Other Building Equipment Contractors, with a business size standard of $22mil.
A.3 Contract Term
The Government anticipates the award to be made by July 1, 2025, with Notice to Proceed being issued within two weeks of award.
A.4 Socioeconomic Programs
This procurement is being set-aside exclusively for Small Businesses as defined under the Small Business Administration Regulations. Only those vendors that are registered in sam.gov as a small business under the stated NAICS Code can submit a bid. All bidders will need to be registered and active at the time bids are due. Those not registered will be eliminated and determined as non-responsive.
A.5 Magnitude of Project
In accordance with FAR Part 36.204, the magnitude of the Government Estimate is between $25,000-$100,000.
A.6 Bonding
It is anticipated that bids will come in under $35k, so no bonding will be required. If your bid does exceed $35k, bonding will be required in accordance with FAR 28.102-2.
(END OF SECTION A)
B – Bid Schedule
B.1 Bid Schedule
Contractor to provide quote on the SF-1442, along with product specifications that can be used to determine if the product installed meets or exceeds what is specified.
(END OF SECTION B)
C – Description/Specifications
C.1 Location
Anadarko Agency, 124 E Parker McKenzie Drive, Anadarko OK 73005
C. 2 Statement of Work
Demolition and installation of four new fire rated rolling counter doors. Contractor will be responsible for visiting the site to verify the size.
Work includes removing and disposal, preparing the openings, application of fire-retardant clear coating to existing exposed wood framing on interior walls, installing the door assemblies, installation of new rigid EMT conduit, j-boxes, and electrical wire from electrical room, breakers as required to ensure proper operation and fire ratings, and completing necessary inspections and testing, all in accordance with manufacturer instructions and NFPA 80.
All door assemblies, hardware, framing, fasteners, motors, controls, conduit, wiring shall be brand new, no blemished, factory seconds, remanufactured items permitted.
Fire rated assemblies: Provide assemblies that comply with NFPA 80 and listed in UL Directory.
C.3 Specifications
Product should meet or exceed the following Manufacturer: Overhead Door Corporation, 2501 S. State Hwy. 121, Suite 200, Lewisville, TX 75067. ASD. Tel. Toll Free: (800) 275-3290. Phone: (469) 549-7100. Fax: (972) 906-1499. Web Site:
www.overheaddoor.com. E-mail: info@overheaddoor.com.
ROLLING COUNTER FIRE DOORS A. Rolling Counter Fire Doors: Model 641 Counter Fire Doors.
1. Label: Provide rolling fire doors certified with the following listing.
a. UL 1-1/2-Hour Class B Label for installation in non-masonry walls, face mounted or between jambs.
b. FM 1-1/2-Hour Class B Label when installed on 2-hour fire-rated gypsum dry walls.
2. Curtain: Interlocking slats, Type F-158 fabricated of 22-gauge stainless steel. Endlocks shall be attached to ends of alternate slats to maintain curtain alignment and prevent lateral slat movement.
3. Finish: Slats and hood shall be stainless steel with No. 4 satin finish.
4. Bottom Bar:
a. Single stainless steel angle bottom bar with 1/4-inch (6 mm) foam astragal.
5. Guides:
a. Stainless steel shapes with brush smoke seals.
b. Fastening Guides to Non-Masonry Fire Walls: Comply with the manufacturer’s listing.
6. Brackets: Silver powder coated steel to support counterbalance, curtain and hood.
7. Counterbalance: Helical torsion spring type. Counterbalance shall be housed in a steel tube or pipe barrel.
8. Hood:
a. FM approved hood shall be equipped with thermally controlled, internal flame baffle.
b. Provide with UL Listed exterior brush smoke seal.
9. Electric Motor Operation: Provide electric operator as listed in the door UL file, for size as recommended by manufacturer to move door in either direction.
a. Sensing Edge Protection:
1) Electric sensing edge.
b. Operator Controls:
1) Push-button operated control stations with open, close, and stop buttons.
2) Controls for interior location.
3) Controls flush mounted. 3
10. Automatic Closure:
a. Standard Fire Door: UL approved release mechanism equipped with a 165- degree fusible link.
11. Locking:
a. Cylinder lock for electric operation with interlock switch.
1) Room A-18; both doors keyed alike
2) Rooms A-14 and D-9 CFR Court doors keyed differently with each location having their own unique key
3) Provide (4) keys for each lock.
12. Wall Mounting Condition:
a. Face-of-wall mounting
C.4 Preparation and Site Conditions
Contractor to field verify dimensions: Ensure the opening dimensions are correct and match the door's specifications.
Prepare the Opening:
Ensure the opening is free of obstructions and prepared for the installation of the door and its frame.
Apply one coat of FireTect, clear interior fireproofing flame retardant [0 VOC] or equivalent by brush or roller to existing exposed bare wood framing at each opening in Realty Rm. A-18. Allow to completely dry before proceeding with the installation of fire rated rolling counter doors. Protect surrounding surfaces of walls and countertop from application.
Review Existing Conditions:
Inspect the location for any issues that could affect the installation, such as structural problems or obstructions.
Coordination:
With the BIA personnel and site security to ensure access is available and necessary time to complete the task.
With other trades (electrician) to install electrical circuits, conduits as required for each location
C.5 Installation:
Install in accordance with manufacturer's instructions.
Install rolling counter fire doors in compliance with requirements of NFPA 80. Test fire-release system and reset components after testing.
Use anchorage devices to securely fasten assembly to wall construction and building framing without distortion or stress.
Securely and rigidly brace components suspended from structure. Secure guides to structural members only.
Fit and align assembly including hardware; level and plumb, to provide smooth operation.
Install perimeter trim and closures.
Electrical:
All electrical work shall be performed by licensed electrician and in accordance with NFPA 70.
Coordinate installation of the electrical service complete wiring from electrical room, disconnects, to unit each component.
Existing electrical wire at the (2) existing coiling doors, located in Room A-18, permitted to be reused so long as it meets code requirements of NFPA 70.
Electrical power will need to be installed to the Room D-9 CFR Court and Room A-14 locations.
All electrical wiring shall be solid copper and installed in conduit.
Electrical conduit shall be sufficiently sized to accommodate number electrical conductors inside. Electrical conduit shall be securely attached to building structure above the ceiling grid and ensure proper spacing and support according to NFPA 70.
MC cable permitted only for fixture whips and shall be securely attached to j-box above ceiling grid.
Contractor will furnish all conduit, electrical wiring, circuit breakers, outlets, terminations, etc., needed to accomplish complete functioning AC circuits.
Adjust Hardware:
Test for proper operation and adjust as necessary to provide proper operation without binding or distortion.
Release device(s) shall be tested and witnessed for proper operation with the door manufacturer recommendations
Adjust hardware and operating assemblies for smooth and noiseless operation.
Labeling:
All devices, wiring, panels, j-boxes, shall be labeled at all terminal and junction locations.
Fire rated rolling counter door label shall include electric panel number, breaker number, and electrical source, from which the unit is fed.
Circuit breaker providing power to fire rated rolling counter doors shall be labeled to identify each.
UL 1 ½ hour Class B label shall be installed on each fire rated rolling counter door.
C.6 Other Considerations
Safety
Prioritize safety during installation and operation, especially when working in close proximity to BIA personnel and the general public. Caution and Work in Progress signage to be posted in the immediate area where work is being performed. Coordination with BIA official in charge (OIC) for stagging/storage of product and scheduling of work.
Notwithstanding any other provision of this contact, the contractor shall comply with all safety and health requirements as outlined in Safety Standards to ensure safe working conditions for employees and government workers.
• OSHA 29 CFR 1926 Construction Industry
• OSHA 29 CFR 1910 General Industry
• NFPA 80 Standard for Fire Doors and Fire Windows
• NFPA 70 National Electric Code o All electrical installation and demolition work shall be performed by licensed electrician(s) and installed in accordance with NFPA 70/OSHA requirements.
• NFPA 241 Standard for Safeguarding Construction, Alterations, Demolition Operations
Lead
There are trace amounts of lead or lead-based paint in the outer wall covering material on the corridor walls of the Anadarko Agency [Realty Section].
Disturbance of Lead and LEAD Contain Materials (LCM) shall only be performed by trained and accredited abatement contractor that is currently certified by the EPA and will need to obtain certification from DEQ. Disturbance of LEAD and Lead based paint [LBP] without following proper safety regulations and procedures identified by OSHA 29 CFR 1910.1025, 29 CFR 1926.62 and guidelines established by ODEQ, DEQ, and EPA.
Willful disregard of this requirement will result in contractor being responsible for any and all cost for emergency cleanup operations by an accredited licensed abatement contractor. Air monitoring and clearance samples are required for all Lead/LBP disturbing activities. Verbal notification shall be provided to BIA COR and Regional Safety Manager at a minimum of 24 hours prior Lead/LBP disturbing activities. Any accidental damage or disturbance of Lead/LBP contractor will notify Regional Safety Manager immediately.
Training
Once installation has been completed and rolling counter doors have been tested and accepted by government, the contractor shall provide training/orientation to Government and Facilities Personnel.
Documentation
Provide the BIA with proper documentation, including the manufacturer's instructions, warranty information, and maintenance guidelines.
Preventative Maintenance
Discuss preventative maintenance procedures with the owner to ensure the door continues to operate safely and reliably.
Clean-up:
Remove all debris and materials from the site after installation.
(END OF SECTION C)
D – Packaging and Marking
No Clauses
(END OF SECTION D)
E – Inspection and Acceptance
E.1 52.252-2 Clauses Incorporated by Reference. (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/. (End of clause)
52.246-12 Inspection of Construction. (APR 1996) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994)
E.2 Submittals
Product Data: Manufacturer's data sheets on each product to be used, including:
1. Preparation instructions and recommendations.
2. Storage and handling requirements and recommendations.
3. Details of construction and fabrication.
4. Installation methods.
Shop Drawings: Include detailed plans and elevations, details of framing members, anchoring methods, clearances, hardware, and accessories.
Selection Samples: For each finish product specified, two complete sets of color chips representing manufacturer's full range of available colors and patterns.
Verification Samples: For each finish product specified, two samples, minimum size 6 inches (150
mm) long, representing actual product, color, and patterns.
Manufacturer's Certificates: Certify products meet or exceed specified requirements.
Operation and Maintenance Data: Submit lubrication requirements and frequency, and periodic adjustments required.
E.3 Quality Assurance
Manufacturer Qualifications: Company specializing in performing work of this section with a minimum of five years’ experience.
Installer Qualifications: Installer Qualifications: Company approved by manufacturer, specializing in performing Work of this section with minimum three years’ experience, with IDEA Certified Installers and service technicians on staff
E.4 Testing and Inspection
Operational Check:
Test the door's operation (opening, closing, and stopping) to ensure smooth and reliable performance.
Fire Rating Verification:
Verify that the installed door assembly meets the required fire rating UL 1 ½ hours
Drop Test:
Conduct a drop test to ensure the door closes properly and automatically in the event of a fire.
http://www.acquisition.gov/far/
Fusible Link Test:
Test the fusible links to ensure they function correctly and initiate door closure. 165-degree F.
Field Quality Control
Functional testing of fire door and window assemblies shall be performed by IDEA Certified personnel with knowledge and understanding of the operating components of the type of door being subject to testing.
Cleaning
Clean curtain and components using non-abrasive materials and methods recommended by manufacturer.
Remove labels and visible markings. Touch-up, repair or replace damaged products as required.
E.5 Acceptance of the Installation
Acceptance of completed work will be based on its conformance to the contract. Nonconforming work will be rejected. The government is not obligated to accept nonconforming work at a reduced price. Start replacement or correction of rejected work within 48 hours after receipt of the rejection notice.
Acceptance of the installation shall be granted only after the following conditions have been met:
1. All work has been completed in a satisfactory manner, in accordance with this SOW.
2. Performance of each fire rated rolling counter door has been demonstrated in a satisfactory fashion.
3. BIA has received all required documentation.
The contractor shall provide a final test document (listing each device) that indicates that each rolling fire door has been tested and is functioning according to the manufacture’s specifications, NFPA 80 and the government’s satisfaction.
E.6 Final Inspection:
Complete a final inspection with the BIA Regional Safety Manager to ensure compliance with all applicable codes and regulations.
E.7 Warranty:
Manufacturer’s Warranty: Provide a two-year warranty for the installed door and its components.
Warranty: Manufacturer’s limited door and operators System warranty of all parts and components of the system except counterbalance spring and finish for 3 years or 20,000 cycles, whichever comes first.
(END OF SECTION E)
F – Deliveries or Performance
F.1 52.252-2 Clauses Incorporated by Reference. (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/. (End of clause)
52.211-13 Time Extensions. (SEP 2000) 52.236-15 Schedule for Construction Contracts (APR 1984) 52.242-14 Suspension of Work (APR 1984)
F.2 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
(End of clause)
F.3 Delivery, Storage, and Handling
Store products in manufacturer's unopened packaging until ready for installation. Protect materials from exposure to moisture. Store materials in a dry, warm, ventilated weathertight location
(END OF SECTION F)
G – Contract Administration Data
G.1 1452.201-70 Authorities and delegations. (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
(END OF SECTION G)
H - Special Contract Requirements H.1 Work Hours
The performance period established for this contract is based upon all work being conducted during regular working hours between 8:00am and 5:00pm, Monday through Friday, excluding Federal Government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.
H.2 Construction Wage Rates
Wage Rates apply to the work to be performed under this Solicitation and those rates are attached for Caddo County.
H.3 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [Contracting Officer to edit and include the documentation required under this contract]:
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
(END OF SECTION H)
https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
I - Contract Clauses
I.1 52.252-1 Solicitation Provision Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html
I.2 52.252-2 Clauses Incorporated by Reference. (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/. (End of clause)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.219-8 Utilization of Small Business Concerns ALT 1 (FEB 2024) 52.222-3 Convict Labor. (JUN 2003) 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) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) 52.222-26 Equal Opportunity. (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) 52.222-50 Combating Trafficking in Persons. (NOV 2021) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) 52.226-7 Drug-Free Workplace. (MAY 2024) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024) 52.228-5 Insurance – Work on a Government Installation. (JAN 1997) 52.228-11Individual Surety-Pledges of Assets. (FEB 2021) 52.228-17 Individual Surety-Pledge of Assets (FEB 2021) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management. (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAY 2023) 52.233-1 Disputes. (MAY 2014) – Alternate I (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (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) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.249-10 Default (Fixed-Price Construction) Alt II. (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (FEB 2024) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) – Alternate I (SEP 1996) 52.249-10 Termination for Default (Fixed Price Construction)(APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)
I.3 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 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-25#FAR_25_105 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 construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505
(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description Unit of Measure Quantity Price (dollars)*
Item1:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
Item2:
Foreign construction material _______ _______ _______
Domestic construction material _______ _______ _______
(End of clause)
I.4 52.225-10 Notice of Buy American Requirement – Construction Materials ( MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and
(d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of clause)
I.5 52.228-13Alternative Payment Protections. (July 2000) (a)The Contractor shall submit one of the following payment…
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