Sol_140G0122Q0200.pdf

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)

0040565799

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

12201 SUNRISE VALLEY DRIVE

RESTON VA 20192

GRB

Kevin Weaver 7036487394

107/21/2022

140G0122Q0200

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Contractor shall perform in accordance with the attached Statement of Work

11. The Contractor shall begin performance

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

08/05/2022

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. 4-85)

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

USGS OAG RESTON ACQUISITION BRANCH

205 NATIONAL CENTER

RESTON VA 20192

GRB

Kevin Weaver

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, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140G0122Q0200

Legacy Doc #: UGS

Delivery: 09/01/2022

Delivery Location Code: 0006366897

USGS MD/DE/DC Water Science Center

5522 Research Park Drive

Baltimore MD 21228 US

00010 Facility Improvements to Workspace Area at USGS facility in Catonsville, MD

See Attachment 1 for Statement of Work

Product/Service Code: R425

Product/Service Description: SUPPORT-

PROFESSIONAL: ENGINEERING/TECHNICAL

Period of Performance: 09/01/2022 to 11/30/2022

Contact Kevin Weaver at kweaver@usgs.gov with any questions or concerns

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B - Supplies or Services SECTION C - Description/Specifications

C.1 GS0339 Green Acquisition (JUL 2018) SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance

E.1 52.246-12 Inspection of Construction. (AUG 1996) E.2 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

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)

H.6 1452.209-70 ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE (NOV 2007)

H.7 USE AND REPORTING OF CONTRACTOR PERFORMANCE INFORMATION (DEC 2015) (DOI-AAAP-0050) Notice to Contractors - CPARS (DEC 2015

SECTION I - Contract Clauses I.1 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) I.3 52.204-13 System for Award Management Maintenance. (OCT 2018) I.4 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I.5 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) I.6 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) I.7 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) I.8 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (JAN 2022) I.9 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021) I.10 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I.11 52.222-7 Withholding of Funds. (MAY 2014) I.12 52.222-8 Payrolls and Basic Records. (JUL 2021) I.13 52.222-9 Apprentices and Trainees. (JUL 2005) I.14 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) I.15 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I.16 52.222-12 Contract Termination - Debarment. (MAY 2014) I.17 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I.18 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I.19 52.222-15 Certification of Eligibility. (MAY 2014) I.20 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) I.21 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999) I.22 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 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 52.223-6 Drug-Free Workplace. (MAY 2001) I.26 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

I.27 52.225-9 Buy American - Construction Materials. (NOV 2021) I.28 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020) I.29 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) I.30 52.228-2 Additional Bond Security. (OCT 1997) I.31 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) I.32 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I.33 52.228-13 Alternative Payment Protections. (JUL 2000) I.34 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I.35 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I.36 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) I.37 52.232-23 Assignment of Claims. (MAY 2014) I.38 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I.39 52.236-2 Differing Site Conditions. (APR 1984) I.40 52.236-5 Material and Workmanship. (APR 1984) I.41 52.236-7 Permits and Responsibilities. (NOV 1991) I.42 52.243-5 Changes and Changed Conditions. (APR 1984) I.43 52.252-6 Authorized Deviations in Clauses. (NOV 2020) I.44 52.253-1 Computer Generated Forms. (JAN 1991) I.45 1452.228-70 Liability Insurance (JUL 1996) I.46 1452.236-70 Prohibition Against Use of Lead-based Paint (JUL 1996) I.47 52.222-99 Combating Race and Sex Stereotyping. [(DEVIATION 20-09)] I.48 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01)

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. (MAY 2022) K.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021)

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 52.252-5 Authorized Deviations in Provisions. (NOV 2020) L.10 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior. (APR 1984) L.11 1452.233-2 Service of Protest L.12 GS-1 Instructions to Offerors

SECTION M - Evaluation Factors for Award M.1 GS2320 Evaluation Factors

SECTION B - Supplies or Services

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 D - Packaging and Marking

SECTION E - Inspection and Acceptance

E.1 52.246-12 Inspection of Construction. (AUG 1996)

E.2 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

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 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90. 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: TBD

Telephone Number: TBD

Email: TBD

Address Line 1: USGS MD/DE/DC Water Science Center

Address Line 2: 5522 Research Park Drive

Address Line 3: Catonsville, MD 21228

(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 MD20220030 dated 06/17/2022. The wage determination is incorporated into this contract as Attachment 2

H.6 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)

H.7 USE AND REPORTING OF CONTRACTOR PERFORMANCE INFORMATION (DEC 2015) (DOI-AAAP- 0050) Notice to Contractors - CPARS (DEC 2015

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the 6.evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a)provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting "Accept the Ratings and Close the Evaluation".

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as "Pending" with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

SECTION I - Contract Clauses

I.1 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

I.3 52.204-13 System for Award Management Maintenance. (OCT 2018)

I.4 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

I.5 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

I.6 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

I.7 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

I.8 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Products and Commercial Services). (JAN 2022)

I.9 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021)

I.10 52.222-6 Construction Wage Rate Requirements. (AUG 2018)

I.11 52.222-7 Withholding of Funds. (MAY 2014)

I.12 52.222-8 Payrolls and Basic Records. (JUL 2021)

I.13 52.222-9 Apprentices and Trainees. (JUL 2005)

I.14 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

I.15 52.222-11 Subcontracts (Labor Standards). (MAY 2014)

I.16 52.222-12 Contract Termination - Debarment. (MAY 2014)

I.17 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

I.18 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

I.19 52.222-15 Certification of Eligibility. (MAY 2014)

I.20 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.21 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

23.0%

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 Baltimore County, Maryland.

(End of provision)

I.22 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

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

I.26 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

I.27 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.28 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

I.29 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

I.30 52.228-2 Additional Bond Security. (OCT 1997)

I.31 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

I.32 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)

I.33 52.228-13 Alternative Payment Protections. (JUL 2000)

I.34 52.228-14 Irrevocable Letter of Credit. (NOV 2014)

I.35 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)

I.36 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

I.37 52.232-23 Assignment of Claims. (MAY 2014)

I.38 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

I.39 52.236-2 Differing Site Conditions. (APR 1984)

I.40 52.236-5 Material and Workmanship. (APR 1984)

I.41 52.236-7 Permits and Responsibilities. (NOV 1991)

I.42 52.243-5 Changes and Changed Conditions. (APR 1984)

I.43 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any DIAR (48 CFR 14) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

I.44 52.253-1 Computer Generated Forms. (JAN 1991)

I.45 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:

$200,000 each person*

$500,000 each occurrence*

$20,000 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.46 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.47 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…