Sol_140G0122Q0123.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

GRB

RESTON VA 20192

205 NATIONAL CENTER

USGS OAG RESTON ACQUISITION BRANCH

0006477087 CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORGRB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/25/2022 1700 ED

05/11/2022

7036487393Sheryl Carriere (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140G0122Q0123

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 34 0040572180OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Shenandoah TX 77385 19241 David Memorial Drive Ste 180

USGS

15. DELIVER TO

RESTON VA 20192

12201 SUNRISE VALLEY DRIVE

205 NATIONAL CENTER

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USGS OAG RESTON ACQUISITION BRANCH

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Replace GCB Lab Fume Hood Legacy Doc #: UGS Delivery: 60 Days After Award

00010 Services, non-personal, to provide all plant, 1 EA equipment, labor, supervision and materials(unless otherwise provided herein) necessary for installation of a new GCB LABORATORY FUME HOOD in accordance with the attached Work Statement and terms and conditions.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

AND SUPPLIES

A site Visit has been scheduled for Tuesday, May

17, 2022 at 2:00PM.

Location: Texas Water Science Center, 19241

David Memorial Dr, Ste 180, The Woodlands, TX

Point of Contact: Denis Scalan(PH: 946-271-9337 or dscalan@usgs.gov) or Robert "Noah"

Johnson(936-271-5310, rnjohnson@usgs.gov) or

QUESTIONS REGARDING THIS SOLICITATION, CONTACT

SHERYL CARRIERE AT carrieres@usgs.gov

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

34 2 of

Section C - Description/Specifications C-1 GS0339 Green Acquisition (JUL 2018)

Section E - Inspection and Acceptance E-1 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

E-2 1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

Section F - Deliveries or Performance F-1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F-2 52.242-14 Suspension of Work. (APR 1984) F-3 GS0919 Legal Holidays (JUN 2021)

Section G - Contract Administration Data G-1 GS0231 Technical Liaison-Technical Direction (NOV 2014) G-2 GS1126 Invoicing and Performance Statements (JUL 2001) G-3 GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) G-4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Section H - Special Contract Requirements H-1 GS1326 Indemnity (JUL 2001) H-2 GS1338 Notice to Government of Delays (JUL 2001) H-3 GS1346 Compliance with OSHA-Govt owned Facilities/Equipment (APR 2003) H-4 GS1348 Accident Reporting (APR 2003) H-5 GS1440 Wage Determination Applicable (JUL 2001)

Section I - Contract Clauses I-1 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I-2 52.204-13 System for Award Management Maintenance. (OCT 2018) I-3 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I-4 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) I-5 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) I-6 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) I-7 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021) I-8 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I-9 52.222-7 Withholding of Funds. (MAY 2014) I-10 52.222-8 Payrolls and Basic Records. (JUL 2021) I-11 52.222-9 Apprentices and Trainees. (JUL 2005) I-12 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) I-13 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I-14 52.222-12 Contract Termination - Debarment. (MAY 2014) I-15 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I-16 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I-17 52.222-15 Certification of Eligibility. (MAY 2014) I-18 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) I-19 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999) I-20 52.222-26 Equal Opportunity. (SEP 2016) I-21 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) I-22 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). (AUG 2018) I-23 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 16 I-24 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) I-25 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate I (JUL 1995) I-26 52.223-6 Drug-Free Workplace. (MAY 2001) I-27 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) I-28 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020) I-29 52.225-9 Buy American - Construction Materials. (NOV 2021) I-30 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020)

I-31 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) I-32 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I-33 52.236-5 Material and Workmanship. (APR 1984) I-34 52.236-7 Permits and Responsibilities. (NOV 1991) I-35 52.243-5 Changes and Changed Conditions. (APR 1984) I-36 52.253-1 Computer Generated Forms. (JAN 1991) I-37 1452.228-70 Liability Insurance (JUL 1996) I-38 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996) I-39 52.222-99 Combating Race and Sex Stereotyping. [(DEVIATION 20-09)]

Section J - List of Documents, Exhibits, and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders

K-1 52.204-8 Annual Representations and Certifications. (JAN 2022) K-2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021)

K-3 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

Section L - Instructions, Conditions, and Notices to Bidders L-1 52.204-7 System for Award Management. (OCT 2018) L-2 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) L-3 52.204-22 Alternative Line Item Proposal. (JAN 2017) L-4 52.216-1 Type of Contract. (APR 1984) L-5 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) L-6 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) L-7 52.236-27 Site Visit (Construction). (FEB 1995) - Alternate I (FEB 1995) L-8 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L-9 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior. (APR 1984)

Section M - Evaluation Factors for Award

M-1 GS2335 EVALUATION CRITERIA

Section C - Description/Specifications C-1 GS0339 Green Acquisition (JUL 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the erformance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap The Comprehensive

Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense

Section E - Inspection and Acceptance E-1 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

E-2 1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

1. Definition. Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person�s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

2. Disclosure. By submission of this offer, offeror represents that it is not aware of any information bearing on the existence of any actual or potential organizational conflicts of interest in connection with this solicitation or any resulting contract, except as provided in its disclosure statement. In the disclosure statement, list any potential or actual organizational conflicts of interest. Describe all relevant information concerning any past, present, or planned interests bearing on whether this firm (including its chief executives and directors, any proposed consultants or subcontractors) may have a potential organizational conflict of interest. If no potential or actual conflicts exist, so indicate with a check mark:

____ No potential or actual organizational conflicts of interest are known.

3. Failure to provide the disclosure or representation will be deemed a minor informality (FAR 14.405) and the offeror will be required to promptly correct the omission. Refusal to provide the disclosure or representation and any additional information as required will result in disqualification of the offeror for award.

4. The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

5. In the event that the contractor was aware of organizational conflict of interest prior to the award of this contract and failed to disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

6. If the Contracting Officer determines that a potential or actual conflict exists, the offeror will not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation. Offerors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

Alternate 1:

When a potential or actual organizational conflict of interest is known to the Government, replace paragraph 2 with:

2. The contracting officer considers that there is potential for organizational conflicts of interest involving this procurement or services to be performed under the resultant contract, as follows:

[ CO fill in ]

By submission of this offer, offeror represents that it is not aware of any information bearing on the existence of any actual or potential organizational conflicts of interest in connection with this solicitation or any resulting contract, except as provided in its disclosure statement. In the disclosure statement, list any potential or actual organizational conflicts of interest. Describe all relevant information concerning any past, present, or planned interests bearing on whether this firm (including its chief executives and directors, any proposed consultants or subcontractors) may have a potential organizational conflict of interest. If no potential or actual conflicts exist, so indicate with a check mark:

____ No potential or actual organizational conflicts of interest exist.

(End of Clause)

Section F - Deliveries or Performance F-1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 3 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after receipt of order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

F-2 52.242-14 Suspension of Work. (APR 1984)

F-3 GS0919 Legal Holidays (JUN 2021)

Section G - Contract Administration Data G-1 GS0231 Technical Liaison-Technical Direction (NOV 2014)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any 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. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

Name: WILL BE PRIOVIDED AT TIME OF AWARD

Telephone Number: []

Email: []

Address Line 1: []

Address Line 2: []

Address Line 3: []

(e) Only the Contracting Officer may designate a different Technical

Liaison.

G-2 GS1126 Invoicing and Performance Statements (JUL 2001)

Invoicing and Performance Statements (Construction)

(a) A copy of each invoice submitted with an IPP payment request must be submitted to:

U.S. Geological Survey [ ]

Attn: [ ]

(b) Invoices for progress payments may be submitted no more frequently than monthly.

(c) Invoices for progress payments must be accompanied by a contract Performance Statement, which shall show in detail the estimated percentage of completion and value of completed performance for each separately priced line item or, if applicable, each of the significant construction categories contained in the approved Schedule of Prices.

(d) See clause 52.232-5 for certification requirements.

G-3 GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013)

The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

G-4 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 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 [Contracting Officer to edit and include the documentation required under this contract]:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email

IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

Section H - Special Contract Requirements H-1 GS1326 Indemnity (JUL 2001)

The contractor herein is "an independent contractor" and shall obtain all necessary insurance to protect himself from liability arising out of this contract. The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the active negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

H-2 GS1338 Notice to Government of Delays (JUL 2001)

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the contracting officer and the COR (if one has been designated), in writing, giving pertinent details.

This data shall be informational only in character. Notice under this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

H-3 GS1346 Compliance with OSHA-Govt owned Facilities/Equipment (APR 2003)

Compliance with Occupational Safety and Health Act -- Government-Owned Performance of work hereunder shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this contract, the Government-furnished facilities and/or equipment do not conform to OSHA standards, the contractor must so notify the Contracting Officer, in writing, including a recommendation of the corrective action needed.

H-4 GS1348 Accident Reporting (APR 2003)

If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer's Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.

H-5 GS1440 Wage Determination Applicable (JUL 2001)

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor Wage Determination Number TX20220253 dated 04/22/2022. The wage determination is incorporated into this contract as Attachment 2

Section I - Contract Clauses I-1 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

I-2 52.204-13 System for Award Management Maintenance. (OCT 2018)

I-3 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

I-4 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

I-5 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

I-6 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

I-7 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021)

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [ ] assigned to contract number [ ].

(2) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: [ ]. Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: [ ]. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) (Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.) The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ]. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

I-8 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I-9 52.222-7 Withholding of Funds. (MAY 2014)

I-10 52.222-8 Payrolls and Basic Records. (JUL 2021)

I-11 52.222-9 Apprentices and Trainees. (JUL 2005)

I-12 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

I-13 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I-14 52.222-12 Contract Termination - Debarment. (MAY 2014)

I-15 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I-16 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I-17 52.222-15 Certification of Eligibility. (MAY 2014)

I-18 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

The offeror represents that-

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

(b) It [ ] has, [ ] has not, filed all required compliance reports; and

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

(End of provision)

I-19 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

17.9%

Goals for female participation for each trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is The Woodlands, TX, Harris County.

(End of provision)

I-20 52.222-26 Equal Opportunity. (SEP 2016)

I-21 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

I-22 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). (AUG 2018)

I-23 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

I-24 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

I-25 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate

I (JUL 1995)

I-26 52.223-6 Drug-Free Workplace. (MAY 2001)

I-27 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

I-28 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

I-29 52.225-9 Buy American - Construction Materials. (NOV 2021)

(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.

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

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

NONE

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

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

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description

Unit of measure Quantity

Price (dollars)*

Item 1:

Foreign construction material. ________ ________ ________

Domestic construction material. ________ ________ ________

Item 2:

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)

I-30 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

I-31 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

I-32 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

I-33 52.236-5 Material and Workmanship. (APR 1984)

I-34 52.236-7 Permits and Responsibilities. (NOV 1991)

I-35 52.243-5 Changes and Changed Conditions. (APR 1984)

I-36 52.253-1 Computer Generated Forms. (JAN 1991)

I-37 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:

$100,000 each person*

$500,000 each occurrence*

$50,000 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.

*These amounts to be set by the Contracting Officer.

(End of clause)

I-38 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996)

Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure of lead in the dried film of paint already applied, shall not be used in the construction or rehabilitation of residential structures under this contract or any resulting subcontracts.

(End of clause)

I-39 52.222-99 Combating Race and Sex Stereotyping. [(DEVIATION 20-09)]

COMBATING RACE AND SEX STEREOTYPING (DEVIATION 20-09)

(NOV 2020)

(a) Definitions. As used in this clause -

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.)

11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping.

Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that -

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race of sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers' representative of the

Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding

Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that -

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice -

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP)

Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-

2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the

Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in

E.O. 11246, as amended; in the rules, regulations, and orders of the

Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed

$10,000 and are not exempted by the rules, regulations, or orders of the

Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End…