Sol_140FC323Q0023.pdf
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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
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
FWS Constr A/E 3
FWS, Construction A/E Team 3
5275 Leesburg Pike Falls Church VA 22041
FC3
Contract Specialist: Tiffannie Pannell
Phone: 404-679-7182 Email: Tiffannie_Pannell@fws.gov
Tiffannie Pannell 404-679-7182
104/12/2023
140FC323Q0023
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Attachment 1 DOL Determination
Attachment 2 Photos/Maps
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
FAR 52.21110
05/05/2023
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. 8/2014)
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
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 and return (Contractor is not required to sign this document.)
Your offer on this 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
FWS, CONSTRUCTION AND ACQUISITION D
5600 American Blvd West Suite 990
Bloomington MN 55437-1458
F03
Joshua Miller
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish 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.)
10 U.S.C. 2304(c) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 8/2014) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 56
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140FC323Q0023
Project: Harmon House Roof Replacement
Contract Specialist: Tiffannie Pannell
Phone: 404-679-7182
Email: Tiffannie_Pannell@fws.gov
Delivery Location Code: 0008349277
FWS TUALATIN RIV NWR
19255 SW PACIFIC HIGHWAY
SHERWOOD OR 97140-9292 US
Period of Performance: 06/01/2023 to 09/01/2023
00010 Roofing Replacement
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
OR-TULATIN RIVER NWR HARMON HOUSE ROOF REPLACEMENT SOLICITATION NO. 140FC323Q0023
FWS
Section I Title
Part I-The Schedule
A Solicitation/contract form
B Quote schedule
C Specifications/Drawings
D Packaging and marking
E Inspection and acceptance
F Performance
G Contract administration data
H Special contract requirements
Part II-Contract Clauses
Contract clauses
Part Ill-List of Documents, Exhibits, and Other Attachments
List of attachments
Part IV-Representations and Instructions
K Representations, certifications, and other statements of offerors
L Instructions, conditions, and notices to offerors
M Evaluation factors for award
OR-TULATIN RIVER NWR HARMON HOUSE ROOF REPLACEMENT SOLICITATION NO. 140FC323Q0023
SECTION B - QUOTE SCHEDULE
Name of Firm:
Address:
City:
UEI Number:
State: Zip Code: _
CAGE Code: _
Name and Title of Firm's Point of Contact:
Phone Number: Email Address:
This requirement is for one (1) Firm Fixed Price Construction contract for Harmon House Roof Replacement in Sherwood, OR at Tualatin River National Wildlife Refuge.
Item no.
Item Description
Quantity
Unit of Measure
Unit Price
Total
0001 Roofing Replacement 1 EA $ $ 0002 I Gutter Replacement/
Funding Dependent
1 EA $ $
TOTAL - Base $ Bonds -A bid bond is not required. Contractors are reminded that any amount awarded over $35,000 requires submission of a Payment Bond. Any amount over $150,000.00 requires both payment and performance bonds. Bonds are due no later than 10 calendar days after award
(End of Section B)
SECTION C - SPECIFICATIONS/DRAWINGS
STATEMENT OF WORK
Tualatin River National Wildlife Refuge
Harmon House Roof Replacement U.S. Fish & Wildlife Service
BACKGROUND
A. Station Name: Tualatin River National Wildlife Refuge (the refuge)
B. Date Established: 1992
C. Establishing and Acquisition Authority(ies): Fish and Wildlife Act of 1956 (16 U.S. Code [U.S.C.] § 742a. et seq.) Emergency Wetlands Resources Act of 1986 (16 U.S.C. § 3901-3932)
D. Refuge Purpose(s): " ... for the development, advancement, management, conservation, and protection of fish and wildlife resources ... " 16 U.S.C. § 742f(a)(4) (Fish and Wildlife Act of 1956) " ... for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude ... " 16 U.S.C. § 742f(b)(l) (Fish and Wildlife Act of 1956) " ... the conservation of the wetlands of the Nation in order to maintain the public benefits they provide and to help fulfill international obligations contained in various migratory bird treaties and conventions ... " 16 U.S.C. § 3901(b) (Emergency Wetlands Resources Act of 1986)
E. National Wildlife Refuge System Mission: "To administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans" (National Wildlife Refuge System Administration Act of 1966, as amended.
F. Roof Replacement/ Harmon House: 20981 SW Scholls Sherwood Road, Sherwood, OR 97140
G. Synopsis: This project will replace a 10- to 15-year-old roof in poor condition on a government quarter known as the Harmon house. This is a 1950's house that needs a new roof, proper venting, facia, gutters and masonry work around the chimneys. Cultural Resources has inspected the quarters and given a verbal okay to move forward with repairs (Patrick W. Rennaker).
2.0 SCOPE OF WORK
2.1. Base Requirements
2.1.1. Line Item 01 -Roof Replacement Harmon House
A. Description:
• Tear off existing roofing down to the decking
• Remove and replace any damaged roof decking (Associated Cost TBD)
• Remove gutters and add or replace existing fascia boards and replace or with metal clad 5/4 by 6 boards (Gutters replacement will be separate line item)
• Provide and install starter shingles designed to increase protection against moisture intrusion and blow-off.
• Provide and install Ice and water shield at all leading gutter edges
• Provide and install water and ice shield, or equal, underlayment under all shingles
• Provide and install new drip metal where needed
• Provide and install new rake metal where needed
• Provide and install new soffit, ridge and/or gable venting as needed
(House has exit vents but no entrance I intake vents ... must be added)
• Provide and install new Architectural shingles (30 year)
• Provide installer 10-year warranty
• Provide manufacturer's 30-year warranty
• Remove and legally dispose of all debris associated with work. Provide documentation for disposal of material.
B. Additional Codes and Regulations to follow
C. Deliverables (If applicable)
• Vendor will notify station POC at least three days in advice of dropping off and or storing materials and equipment on site.
• Construction will not take place before 8 am daily.
• Equipment used adjacent to house for dumping materials shall be done in a safe and orderly fashion. Caution should be used to avoid damage to walkways, lawns, and other vegetation. Vendor will be responsible for repairing any damaged caused to lawns, driveways, buildings, or other vegetation due to neglect or attention to detail.
2.1.2. Line Item 02 - Gutter Replacement/ Funding Dependent
A. Description
• Provide and install new 6" pre-painted (white) K-Style gutters
• Gutters Material (: min 26-gauge galvanized steel with leaf guard)
• Provide and install like downspouts to match gutters
• Gutters to be installed with 4" hidden hangers 4' on center.
• Provide installer warranty
• Provide manufacturer's warranty
• Remove and dispose of all debris associated with work site / broom clean.
B. Additional Codes and Regulations to follow
C. Deliverables (If applicable)
• Vendor will notify station POC at least three days in advice of dropping off and or storing materials and equipment on site.
• Construction will not take place before 8 am daily.
• Equipment used adjacent to house for dumping materials shall be done in a safe and orderly fashion. Caution should be used to avoid damage to walkways, lawns, and other vegetation. Vendor will be responsible for repairing any damaged caused to lawns, driveways, buildings, or other vegetation due to neglect or attention to detail.
2.2. Additional Requirements
2.2.1. Period of Performance/ As soon as possible
A. Work shall be completed 30 days after receipt of award. All contract paperwork; certified payroll, daily reports, warranties, close-out documents, release of claims etc ...... within 60 days.
B. Work shall commence by As Soon As Possible
C. Work shall be complete 30 days after award.
3.0 SUPPLEMENTARY INFORMATION
3.1. Project Location & Availability
3.1.1. Project Location
A. Project is located: Harmon House
20981 SW Scholls Sherwood Road, Sherwood, OR 97140
B. Tualatin River National Wildlife Refuge is accessible via road.
3.1.2. Work Hours:
A. Normal work hours at the station are 8:00am to 4:30pm, Monday through
Friday, excluding Holidays. Coordinate with staff if access to the site is required.
B. Additional hours outside normal work hours may be requested and are subject to approval by Station staff and the Contracting Officer.
3.1.3. Staging Area
A. Staging Area is located at work site / Harmon House (approved by the local USFWS staff)
3.1.4. Site Visit
A. A PRE-BID MEETING shall be held on April 27, 2023, at 10:00 AM PST on-site at the Harmon House. It is strongly encouraged that all prospective bidders attend.
3.2. Technical Coordinators
3.2.1. Contracting Officer's Representative:
3.2.2. Station Manager:
Mark Behrens USFWS, Region 1, 7 & 8 Division of Engineering 911 NE 11th Avenue Portland, OR 97232-4181 Mobile: 503-260-5805
Rebecca Chuck, Refuge Manager, Tualatin River National Wildlife Refuge Complex 19255 SW Pacific Highway Sherwood, OR. 97140 Phone: 503-625-5944 Mobile: 503-816-1227
3.2.3. Technical Coordinator
Eva Kristofik, Deputy Project Leader
19255 SW Pacific Highway, Sherwood, OR. 97140 Phone: 503-625-5944
3.2.4. Contracting Specialist
TIFFANNIE PANNELL
U.S. Fish & Wildlife Service: Contracting Construction AE Acquisition Operations, APO, Atlanta, GA
ADMINISTRATIVE OPERATIONS
tiffannie_pannell@fws.gov Office: 404-679-7182
3.2.5. Contracting Officer
JOSHUA MILLER
U.S. Fish & Wildlife Service: Contracting Construction AE Acquisition Operations, APO, Portland, OR
JOINT ADMINISTRATIVE OPERATIONS
joshua miller@fws.gov Office: (503) 872-2813
3.3. Inspection and Acceptance
3.3.1. Comply with the USFWS Region 1/7/8 General Engineering Requirements.
3.3.2. The work shall be accepted when all the work is completed as described here within and in accordance with any contract specifications. Work will be inspected to assure compliance with the contract documents.
3.4. Government Furnished Materials
3.4.1. The FWS will provide the following items related to this project:
A. Access to Harmon House / Work Site
B. Contract Specifications
3.5. Submittals
3.5.1. Submittal Log
A. Submittal Log shall be furnished within 15 calendar days of Contract Award.
B. Submittal Log shall meet Contract Specifications contained in the Contract Documents.
mailto:tiffannie_pannell@fws.gov mailto:joshuamiller@fws.gov
C. Submittal Log shall at a minimum contain: Contractor Name, Contract Number, Project title, Date of Revision, Sequential Numbering, Date Submitted, and Date Approved.
D. Product Data shall be submitted for all materials to be installed and used on the project.
E. Product Data shall include technical cut sheets, shop drawings, required samples, mockups and other test reports as required by the Specifications.
3.5.2. Construction Schedule:
A. The Contractor shall furnish the preliminary work schedule within fifteen (15) days after award of contract. Construction Schedule shall be prepared on electronic scheduling software (Primavera, MS Project, etc.)
B. Schedule shall be in portable digital file (.pdf) format showing all major portions of work.
C. Schedule shall be updated once a week/month and submitted to the Contracting Officer Representative or Technical Coordinator.
3.5.3. Schedule of Values
A. The Contractor shall furnish a detailed Schedule of Values within fifteen (15) days of award of contract. This schedule shall be based upon the Contract Bidding Schedule but with sufficient additional detail to allow accurate calculation of the monthly progress payment.
B. Lump sum bid items shall be broken down into their component parts, i.e., mobilization, bond and insurance, excavation, backfill, forming, metalwork, concrete work, framing, roofing, etc. with a cost figure for each item.
C. Schedule of Values shall have at a minimum: Contractor Name, Address, Contract Number, Current Date and Performance Period.
3.5.4. Permits
A. Environmental Permits
B. Construction Permits
(i) The contractor shall obtain any permits that are related to construction if necessary.
(ii) List all necessary permits if needed
3.6. Payment
3.6.1. Contractor shall submit a draft invoice 5 workdays prior to sending to the Invoice Processing Platform (IPP), along with the agreed Schedule of Values to COR or Technical Coordinator for review and concurrence.
3.6.2. Payment will be processed monthly in accordance with the approved Schedule of Values that indicates the dollar value for each Line Item.
3.6.3. Submit paid invoices to support any requests of payment for stored materials.
3.6.4. Submit a certified invoice (with signature and date) that clearly indicates the contract number, task order number, USFWS field station name, project name, Contractor name/address/contact person and phone number/email, sequential invoice number, inclusive dates for work invoiced, original contract dollar amount, any contract modification dollar amounts issued to date, grand total contract amount, total value earned to date, cumulative previous payments, net dollar amount due this invoice.
3.7. Closeout
3.7.1. Substantial Completion
A. Submit a preliminary list of unfinished work and notify the COR or Technical Coordinator at least ten (10) calendar days prior to the anticipated date of completion of all work.
B. The COR or Technical Coordinator will perform final walk through as promptly as practicable.
C. The Contractor representative or Technical Coordinator responsible for the work shall be present at the final walk through and shall submit a preliminary list of unfinished work.
D. A final list of Punch-list items shall be submitted to the Contractor for final completion.
3.7.2. Closeout Documents
(i) Include fully executed manufacturer's standard material, product, and equipment warranties.
(End of Section C)
OR-TULATIN RIVER NWR HARMON HOUSE ROOF REPLACEMENT SOLICITATl ON NO. 140FC323Q0023
SECTION D - PACKAGING AND MARKING
Section Does Not Apply
(End of Section D)
SECTION E - INSPECTION AND ACCEPTANCE
The following clauses are incorporated by reference:
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
(End of Section E)
SECTION F - PERFORMANCE
F.1.0 PERIOD OF PERFORMANCE
See clause 52.211-10 in Contract Clauses section.
Work shall be begin with ten (10) calendar days or As Soon As Possible from award and shall be completed (30) calendars after receipt of award.
(End of Section F)
SECTION G-CONTRACT ADMINISTRATION DATA
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP) (APR 2013)
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:
l. Invoice billed according to contract line items and rates.
2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.
3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this http://www.ipp.gov/ invoice period.
4. If final payment is billed, the last invoice shall state "FINAL".
5. Contractor's Release of Claims shall be submitted with the final invoice.
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 G}
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1.0 WORK HOURS
Unless otherwise specified in Section C, Specifications, work hours under this contract shall be Normal duty hours Monday thru Friday 8:00 a.m. - 4:30 p.m. In the event of emergencies, Contractor shall provide contact information. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.
H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK
H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the
Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.
H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.
H.3.0 DRAWINGS
H.3.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the COR.
mailto:IPPCustomerSupport@fiscal.treasury.gov
OR-TULA TIN RIVER NWR HARMON HOUSE ROOF REPLACEMENT SOLICITATION NO. 140FC323Q0023
H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data {including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.
H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.
H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
H.5.0 SUBSTITUTION - PROCESSION OF WORK
Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFQ response. The Contractor shall obtain the Contracting Officer's written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.
H.6.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).
Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
H.7.0 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
H.8.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.govIeere/femp/ covered-product-categories
Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause section):
• 52.223-1 Biobased Product Certification
• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items
• 52.223-15 Energy Efficiency in Energy Consuming Products
• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction
Contracts
H.9.0 UNAUTHORIZED PERSONNEL
http://www.epa.gov/cpg/products.htm http://www.biopreferred.gov/ http://www.energystar.gov/products http://energy.govieere/femp/covered-product-categories
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
H.10.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS
29 CFR 5.20) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not "construction" at the site of work and accordingly is not subject to the Davis-Bacon Act.
H.11.0 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.
(End of clause)
(End of Section H)
SECTION I - CONTRACT CLAUSES
The following clauses are incorporated by reference:
Clause Title Date
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY JAN 2017
AGREEMENTS OR STATEMENTS
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DEC 2014
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KAPERSKY LAB AND OTHER
COVERED ENTITIES
NOV 2021
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
NOV 2021
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS
NOV 2015
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION OCT 2022
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 JULY2005
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988
52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014
52.222-12 CONTRACT TERMINATION - DEBARMENT MAY 2014
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS
AND RELATED REGULATIONS
MAY 2014
52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
CONSTRUCTION
APR 2015
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING
JUN 2020
52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS OCT 2022
52.227-1 AUTHORIZATION AND CONSENT JUN 2020
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
JUN 2020
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007
52.228-2 ADDITIONAL BOND SECURITY OCT 1997
52.228-11 PLEDGES OF ASSETS OCT 1997
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014
52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.232-23 ASSIGNMENT OF CLAIMS MAY 2014
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984
52.236-5 MATERIAL AND WORKMANSHIP APR 1984
52.236-6 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
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
52.236-17 LAYOUT OF WORK APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION -ALTERNATE APR 1984
52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995
52.242-14 SUSPENSION OF WORK APR 1984
52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984
The following clauses are provided in full text:
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 (As soon a possible) after the date the Contractor receives the award, (b) prosecute the work diligently, and
(c) complete the entire work ready for use not later than 30 days. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
52.213-4-TERMS AND CONDITIONS- SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS
(JAN 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(l)(A) of Pub. L. 115-232).
(iv) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
(vii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C.3553).
(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub.L.108-77, 108-78
(19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (JAN 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).
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(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).
(vii) 52.233-1, Disputes (MAY 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (JUL 2021).
(ix) 52.253-1, Computer Generated Forms (JAN 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020)(Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.
13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award ofthis contract).
(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)
(A) 52.222-50, Combating Trafficking in Persons (OCT 2020)(22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).
(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(l)).
(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).
(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed
$25,000).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting
Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN
2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award ofthis contract).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b.
destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): acquisition.gov
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post acceptance rights-
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.225-9- BUY AMERICAN-CONSTRUCTION MATERIALS {OCT 2022)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf {COTS} item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United
States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United
States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or…
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