Sol_140F0222Q0022.pdf

140F0222Q0022

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

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

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/26/2022 0040576851

1 24

P.O. BOX 1306

500 GOLD AVENUE SW

ALBUQUERQUE NM 87102-3118

FWS, DIVISION OF CONTRACTING AND GE

09/09/2022

FWS CRAIG BROOK NFH

306 HATCHERY ROAD

EAST ORLAND

ME 04431-0500

413 253-8232Christine Beauregard

08/10/2022 1500 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The U.S. Fish and Wildlife Service is issuing a Request for Quote (RFQ) for Road Repair and as needed Culvert Repair.

Site visit is scheduled August 3, 2022 10:00am at Craig Brook National Fish Hatchery 306 Hatchery Rd East Orland, Maine 04431

Interested parties will meet with the hatchery representative at the flag pole in front of the office entrance.

This procurement action is being solicited as 100% Full and Open. All submissions are due no later than 3:00pm August 10, 2022.

The NAICS code is 227310, with a size standard Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0222Q0022 of$39.50.

This requirement is being procured in accordance with FAR 2022-06

This work involves performing work as defined in the Statement of Work that will be provided when solicitation is issued. Detailed requirements and/or specifications will be listed within the solicitation. A Firm Fixed Price award is contemplated from this solicitation with an award to the offeror(s) providing the best value, based on the evaluation criteria outlined in the solicitation once issued.

Evaluation of interested firms will be based on the following in the Solicitation:

1) Past Performance with same or similar work

4) Price

If your construction costs are more than

$30,000.00, you are required to furnish, within

14 days, a Payment Bond (Standard Form 25a) of

100 percent, with surety of sureties acceptable to the Government. If your construction costs are more than $150,000.00, you are required to furnish, within 14 days, Performance (Standard

Form 25) and Payment Bonds (Standard Form 25a) of

100 percent, with surety of sureties acceptable to the Government. These forms are available at https://www.gsa.gov/reference/forms . You are also required to furnish proof of insurance, no matter what your construction cost are, by submitting a Certificate of Insurance within five

(5) calendar days after award.

The solicitation package will include the

Solicitation Forms (SF), Statement of Work and other attachments as required. Documents will be posted to https://sam.gov/content/home contract opportunities on or about 7/26/2022.

Contractors must be registered in the System for

Award Management (SAM) in order to participate in this requirement. The SAM can be found at https://www.sam.gov. Payments will be made via

Electronic Funds Transfer using the data within the SAM registration database.

Contracting Officer and Point of Contact information for this requirement is:

U.S. Fish and Wildlife Service

Contracting Officer: Christine Beauregard

Email: christine_beauregard@fws.gov

All inquiries and questions shall be submitted in writing; no verbal questions will be accepted.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0222Q0022

00010 Craig Pond Road with Handicap area - repair

Delivery: 09/09/2022

Period of Performance: 08/10/2022 to 09/09/2022

00020 Don Fish Trail - Alternate Item

Delivery: 09/09/2022

Period of Performance: 08/10/2022 to 09/09/2022

00030 Culvert Maintenance - As Needed item

Delivery: 09/09/2022

Period of Performance: 08/10/2022 to 09/09/2022

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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/these address(es):

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

[Insert one or more Internet addresses]

(End of Clause)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (June 2020)

52.204-7 System for Award Management (OCT 2018)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

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

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

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

Services or Equipment (NOV 2021)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV

2015)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)

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

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Jan 2022)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (NOV 1999)

52.214-18 Preparation of Bids-Construction (APR 1984)

52.214-35 Submission of Offers in U.S. Currency (APR 1991)

52.222-3 Convict Labor (June 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 (July 2021)

52.222-9 Apprentices and Trainees (July 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) http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sep 2016)

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

52.222-50 Combating Trafficking in Persons (NOV 2021)

52.222-55 Minimum Wages Under Executive Order 13658 (Jan 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (June

2020)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation (DEC 2016)

52.225-13 Restriction on Certain Foreign Purchases (Feb 2021)

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certifications (June 2020

52.228-2 Additional Bond Security (Oct 1997)

52.228-11 Individual Surety—Pledge of Assets (Feb 2021)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-13 Alternative Payment Protections (July 2000)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.232-5 Payments under Fixed-Price Construction Contracts (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 (NOV 2021)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004)

52.236-1 Performance of Work by the Contractor (APR 1984)

52.236-5 Material and Workmanship (April 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-12 Cleaning Up (April 1984)

52.236-17 Layout of Work (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.236-27 Site Visit (Construction). (FEB 1995)

52.236-28 Preparation of Proposals-Construction (OCT 1997)

52.242-14 Suspension of Work (Apr 1984)

52.243-5 Changes and Changed Conditions (April 1984)

52.244-6 Subcontracts for Commercial Items (Jan 2022)

52.246-21 Warranty of Construction (March 1994)

52.253-1 Computer Generated Forms (Jan 1991)

1452.228-74 INDEMNIFICATION (NOV 2007)

1452.236-72 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(NOV 2007)

DIAPR 2000 Non-Discrimination Notice to U.S. Department of the Interior Contractors, Subcontractors and Lessors

DOI 52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION AUG 2009)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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) and

Construction Inspector (CI), as required, at time of award. The COR and CI will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR and CI 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 and CI are 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 or CI has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR’s or CI’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 © prior to receipt of the Contracting

Officer’s response issued under paragraph © 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, COR and CI.

(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 or CI acting within his or her appointment, shall be at the Contractor’s risk.

(End of clause)

1452.211-71 CONTRACT WORK HOURS (NOV 2007)

The performance period established for this contract is based upon all work being conducted during regular working hours. Regular working hours are limited to the time between 7:00 AM and 5:00 PM, Monday through Friday, excluding 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 Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

(End of Clause)

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$50,000.00 each person*

$50,000.00 each occurrence*

$50,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the

Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause)

1452.236-80 Government Inspector

(a) Day-to-day inspection activities will be performed by the Contracting Officer’s

Representative (COR) or the Governments Contracted Site Inspector (GCSI) in the event that the

COTR or GCSI are not present during the first hour of work at the beginning of the work day, the Contractor will immediately notify the Contracting Officer or the COR.

1452.236-82 Location and Protection of Utilities and other Improvements

(a) Prior to the initiation of work, the Contractor shall contact all utility companies and property owners in order to determine the exact location of utilities. All utilities in or near the construction area, both above and below ground, shall be located, protected, and if necessary, relocated by the

Contractor prior to construction.

(b) Should damage to a utility occur, the Contractor shall immediately notify the affected utility company, the affected property owner and the COTR.

(c) During grouting operations, the Contractor shall continuously monitor all structures and residences in and around the project area in order to avoid damage as a consequence of the work.

In the event such damage does occur, the Contractor shall terminate operations immediately and notify the affected owner and the COTR. The Contractor shall repair at the Contractor’s expense any damage to those structures and residences, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

(d) Prior to project initiation, the Contractor shall water test all sewer lines that may be affected by project activities. The test shall consist of running a water-dye mixture through the sewer line for purposes of determining whether the line is in an open condition. The testing shall be performed in the presence of the Contractor, the Office of Surface Mining (OSM)

Representative, and the utility owner. The results shall be recorded and provided to each participant prior to the Contractor beginning any work on the site. There will be no separate compensation for the performance of sewer testing. Should the tests indicate that an obstruction or other deficiency exists within a tested sewer line, the Contractor shall take appropriate actions to ensure that its activities do not damage or affect the line. Work may be suspended by the

Contracting Officer, in part or completely, in order to permit the owner of the affected sewer line to make repairs.

1452.236-83 Equipment Responsibility

(a) All equipment shall be in satisfactory operating condition, capable of safely and efficiently performing the work required, and of a size commensurate with the work to be performed.

Qualified operating personnel shall be provided by the Contractor for the operation of this equipment.

(b) The Contractor shall furnish and install all fuel, grease, cables, repair parts, tools, methane monitors, welders, and all other miscellaneous supplies and parts necessary for efficient and safe operation. Repairs and replacements shall be made by the Contractor at the Contractor’s own expense, within 48 hours from the time of breakdown.

(c) The Contracting Officer or the COTR may at any time inspect the Contractor’s equipment on the job site. If said equipment is deemed inadequate or any part thereof improper, the Contractor shall replace or make repairs in a manner consistent with paragraph (b) above.

1452.236-85 Rights of Entry – Project Site Area

Rights of entry from the landowners within the project site area are the responsibility of the

Refuge or Hatchery Manager. Any property to be affected or utilized by the Contractor within the project site shall not be entered upon prior to coordinating with the Refuge or Hatchery

Manager.

1452.236-86 Storage Areas – Waste Areas – Borrow Areas

(a) The Contractor shall make arrangements for the handling, storage and protection of all materials and equipment to be used in this work area. Prior to the storage of any material on private property outside the project site area, the Contractor shall enter into a written agreement with the property owner granting permission for such storage. The agreement between the

Contractor and the private property owner shall provide for the restoration of that property used for storage purposes in a manner consistent with the technical specifications of this contract.

(b)The Contractor shall make arrangements for the use of waste areas required for the disposal of unsuitable and/or surplus material. Prior to the use of any private property outside of the project site as a waste area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the restoration consistent with the technical specifications of the contract.

(c) The Contractor shall make arrangements for the use of off-site borrow areas. Prior to the use of any private property as an off-site borrow area, the Contractor shall enter into a written agreement with the property owner granting permission to use the land for such purposes. The agreement between the Contractor and the private property owner shall provide for the estoration of the property in a manner consistent with the technical specifications of this contract.

(d) A copy of each agreement between the Contractor and a private property owner shall be provided to the Realty Branch of OSM and the COTR. Each agreement must be approved by the

Realty Branch of OSM prior to the storage of any material on the private property, or the use of the property as a waste area or borrow site.

1452.236-88 Detours, Traffic Control Plan, Traffic Barricades, Warning and Safety

Protection Devices

(a) The Contractor shall adequately protect work under construction, as well as protect the public from accident and unnecessary inconvenience, with barricades, warning, and safety devices.

(b) Any barricades detour, and directional signs required for implementing the establishment of a detour and/or equipment entrance points, shall be furnished, erected and maintained by the

Contractor. No separate compensation shall be allowed for permits, bonding of roads, traffic barricades, warning and safety protection devices, as it shall be considered part of the Contract bid lump sum price for mobilization and demobilization. Damaged, lost and/or stolen warning and safety protection devices shall be replaced with same by the Contractor within 12 hours with no additional compensation allowed for replacement of repair of such devices.

(c) The Contractor shall contact the State or local authority responsible for roads and highways regarding the requirements for the maintenance of traffic along any affected roadways for the duration of the contract.

1452.237-80 Safety, Regulations, Laws to be Observed

(a) The Contractor, its employees, and its subcontractors and employees shall abide by all safety rules applicable at the site of the work and shall comply with all applicable laws, ordinances, orders, codes, rules, regulations, etc. The Contractor shall furnish employees, including those of subcontractors, with recognized approved safety equipment, devices, and sanitary facilities and enforce compliance in their use consistent with accepted practices and applicable rules. The

Contractor shall provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

(b) The Contractor shall comply with all regulations of the Occupational Safety and Health Act

(OSHA) of 1970. The Government shall not be liable for any citations received by the Contractor as a result of failure to comply with applicable OSHA standards.

(c) All appropriate Township, County, State, and Federal Regulations, codes, and ordinances shall apply to this Contract. It shall be the Contractors sole responsibility to be aware of these regulations and to comply with them. The Government shallnot be liable for any citations received by the Contractor.

(d) The Contractor, at all times, shall observe, comply with, and post as required all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of the work applying to employees on the project, as well as all orders or decrees which have been or may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees, or contract.

(e) The Contractor shall be aware that the Government may request periodic inspections of the

Contractors operations, facilities and equipment, by any applicable governing regulatory agency.

(f) If the Contractor fails or refuses to promptly comply with any of the requirements of this special provision, the Contracting Officer, or his authorized representative, shall notify the

Contractor of the noncompliance and indicate to the Contractor the corrective action to be taken.

The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, either oral or written, when served on the Contractor or his authorized representative(s) at the site of the work, shall be deemed sufficient notice of noncompliance and of the need for corrective action.

(g) In the event the Contractor fails or refuses to promptly take corrective action, the Contracting

Officer or his authorized representative may issue an order to suspend all or any part of the work.

When satisfactory corrective action is taken, an order to resume work will be issued. The

Contractor shall not be entitled to any extension of time, nor to any claim for damages or to excess costs by reason of either the directive or the suspension order. Failure of the

Contracting Officer or his authorized representative to order discontinuance of any or all of the

Contractors operations shall not relieve the Contractor of his responsibility for the safety of personnel and property.

(h) Compensation for compliance with any of the above items is to be included in the various items of the Contract for the expense involved.

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(d) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(e) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(f) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

(End of provision)

52.225-9 Buy American-Construction Materials (NOV 2021)

(g) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(h) 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);

https://www.acquisition.gov/far/2.101#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—

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

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

Domestic construction material means—

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

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

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

(m) The cost of its components mined, produced, or manufactured in the United States exceeds

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

Components of unknown origin are treated as foreign; or

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

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

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

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

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

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

(n) 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:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

(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.

© 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;

© Quantity;

(D) Price;

© 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.

(p) Data. To permit evaluation of requests under paragraph © 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

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

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 or 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.

https://acquisition.gov/far/52.204-26#FAR_52_204_26 https://acquisition.gov/far/52.212-3#FAR_52_212_3 https://acquisition.gov/far/52.212-3#FAR_52_212_3 https://acquisition.gov/far/52.204-26#FAR_52_204_26 https://acquisition.gov/far/52.212-3#FAR_52_212_3 https://acquisition.gov/far/52.204-25#FAR_52_204_25

(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) Representation. 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— https://www.sam.gov/

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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c)

(1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

https://acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that-

It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on…