Sol_140G0221Q0134.pdf
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- GUAM QUARTERS PAINTING PROJECT Federal contract opportunity
- Solicitation number
- 140G0221Q0134
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| File | Type | Posted |
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| B08_Attachment_1_SOW__Clauses_and_Provisions_Amendment_1_0001.pdf | ||
| Sol_140G0221Q0134_Amd_0001.pdf | ||
| Attachment_2_-_Certified_Payroll_Form.pdf | ||
| Attachment_3_-_Release_of_Claims.pdf | ||
| Attachment_5_-_COVID19_Non-Employee_Checklist_20200603_v1_LD19.pdf | ||
| Attachment_1_-_WD_GU20210002_DATED_1_JAN_2021.pdf | ||
| Attachment_4_-_Statement_and_Acknowledgement_SF1413-13e.pdf |
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140G0221Q0134
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
06/22/2021
1 43
PO BOX 25046
204 DENVER FEDERAL CENTER
DENVER CO 80225-0046
USGS OAG DENVER ACQUISITION BRANCH
30 Days After Notice to Proceed
USGS Geologic Hazards Team
MS 966
Box 25046 Denver Federal Center
Denver
CO 80225
000 000-0000Kelly McFarlin
07/12/2021 1500 MS
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
DUNS:______
Magnitude: $25,000 - $100,000
Site Visit: Refer to Provision 52.236-27 for site visit information. Site Visit is scheduled for:
Tuesday June 29, 2021, 10:00 AM (ChST) Guam USGS Observatory
To be considered for award, in addition to your quote offerors must also submit responses to Evaluation Criteria starting on Page 41 of the solicitation.
00010 Services, non-personal to provide all plant, Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 43
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140G0221Q0134 equipment, labor supervision and materials
(unless otherwise provided herein) necessary to provide Guam Quarters Painting in accordance with attached SOW and terms and conditions.
Product/Service Code: Z1FZ
Product/Service Description: MAINTENANCE OF OTHER
RESIDENTIAL BUILDINGS
Contract Specialist: Kelly McFarlin email:
kmcfarlin@usgs.gov
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Table of Contents
Statement of Work 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) 52.219-28 Post-Award Small Business Program Representation. (JUL 2013) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-11 Ozone-Depleting Substances. (JUN 2016) 52.225-9 Buy American - Construction Materials. (FEB 2021) 52.252-6 Authorized Deviations in Clauses. (APR 1984)
GS0231 - Technical Liaison -Technical Direction (NOV 2014) 1452.204-70 Release of Claims (JUL 1996) 1452.228-70 Liability Insurance (JUL 1996) GS0347 Indoor Air Quality during Construction (MAR 2008) GS1125 Schedule of Prices (Construction). (JUL 2001) GS1126 Invoicing and Performance Statements (Construction). (JUL 2001) GS1329 Interpretation of Contract Requirements. (JUL 2001) GS1346 Compliance With Occupational Safety and Health Act – Government-Owned Facilities/Equipment. (APR 2003) GS1348 Accident Reporting. (APR 2003) GS1354 List of Subcontractors (Construction). (JUL 2001) GS1440 Wage Determination Applicable. (JUL 2001) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Deobligation of Unexpended Funds 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation. (JAN 2017) 52.204-8 Annual Representations and Certifications. (MAR 2020) 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
52.236-27 Site Visit (Construction). (FEB 1995) – Alternative I (FEB. 1995) 52.252-5 Authorized Deviations in Provisions. (NOV 2020) Bidding Requirements Lowest Price Technically Acceptable Pass/Fail Criteria and Evaluation Plan Quotation Preparation Question Cutoff Quotation Submission
Statement of Work
Work Statement Repaint Quarters Buildings
At USGS Guam Magnetic Observatory
Project Background and Objective
The USGS Guam Magnetic Observatory was constructed in 1966-67 on Anderson Air Force Base property on the northwest side of the island of Guam. The observatory contains 6 buildings comprising of approximately 31 acres of land. The buildings currently include two Quarters Buildings (both occupied), a Shop/Garage Building, a Variations Building, an Absolutes Building, and an Office Building (Fig. 1 and 2). The observatory serves as one of the links in the U.S. Geological Survey’s network of seismic and magnetic observatories. The site collects vital scientific data that is utilized by both domestically and internationally; therefore, the upkeep and maintenance of these buildings are critical to the operation and maintenance of the site.
The main objective of this project is to paint the exterior of the two Quarters buildings.
The Quarters’ structure consists of concrete walls and a foundation with painted finishes.
The exteriors of both buildings are in poor condition overall (Fig 3 and 3a). There is mold and moss buildup, along with staining, on most of the exterior skin. The skin, roof fascia, soffits, doors, and windows should be power washed and cleaned. The existing paint coating on the buildings is degraded and stained in many locations. The buildings and related canopies (not including the roofs) shall be prepared, primed, and repainted.
Once the awarded contractor receives the notice to proceed (NTP), the contractor shall submit a construction schedule per the clause in Federal Acquisition Regulation (FAR) 52.236-15, “Schedules for Construction Contracts”. We expect the whole project to take approximately thirty (30) days at most. Note: The Quarters are both occupied.
Project Location
USGS Guam Magnetic Observatory 1692B Kayen Medidan Lenao Dededo, Guam 96929
USGS Points of Contact (POC)
Contract Officer (CO): TBD
Facility Manager (FM): Mark D Nelson
USGS Facilities Manager 303-273-8483 Office 720-456-5433 cell mdnelson@usgs.gov
Quality Manager (QM): TBD
Tasks
General Quality Standards:
Contractor Shall:
1. Follow all the required safety guidelines for using Personal Protective Equipment
(PPE) as required by Occupational Safety and Health Administration (OSHA) and territorial standards.
2. Note: Because both quarters are occupied, the power washing and painting of each building shall need to be done in coordination with those tenants and the USGS FM. The USGS FM shall be contacted 24-hours before proceeding with work.
3. Ensure all surfaces not requiring paint are covered and protected before priming and painting. Any such surfaces showing paint or damaged due to overspray or drips shall be redone, repaired, or replaced without cost to the government. If a replacement is required, an acceptable replacement will be determined by the contractor and FM in collaboration.
4. Inspect final product. The surfaces shall look uniform and shall not show signs of bubbling, dripping, sagging, or inconsistency in color. If any of the listed signs do show up, the contractor shall be responsible for redoing the work without cost to the government.
Task 1: Contractor shall power-wash all exterior walls of the two quarters buildings.
Time Standard: Shall be completed within 7 business days from Notice to Proceed
(NTP).
1. Shall prevent any interior water or splash damage to the buildings. If water is introduced into the building, the contractor shall be responsible for cleaning up the water and paying for damages to government and personal property.
2. Shall remove all existing paint, mold, and staining down to the pre-painted surface.
3. Shall cleanup all power wash residue and dispose of it properly according to federal and territorial regulations and standards. No residue or trash shall be left on the site.
mailto:mdnelson@usgs.gov
Task 2: Contractor shall repair damaged surfaces.
Time Standard: Shall complete within 14 business days from NTP.
1. Shall scrape and remove any degraded and loose paint.
2. Shall remove any loose grout, any grease, and any degraded caulking from the buildings’ paintable surfaces.
3. Shall level any protruding surfaces and patch any holes, cracks, and joints that may develop into future issues or damage. Any patching shall be done to blend with the surface area. Any signs of patching not meeting with government approval shall be redone at no extra expense to the government.
4. Shall re-caulk around windows and door frames.
Task 3: The contractor shall prepare the painting surfaces.
Time Standard: Shall complete within 21 business days from NTP.
1. Before applying primer and paint, shall ensure moisture content of surface will not affect the completed product as per manufacturer’s requirements.
2. Shall apply a quality, FM-approved primer to dry and prepared surfaces as required by manufacturer’s standards.
3. Inspect the primed surfaces to make sure all surfaces meet manufacturer standards for painting. If not, reapply primer without cost to the government.
Task 4: Contractor shall paint exterior surfaces of two quarters buildings:
Time Standard: Shall complete within 30 business days from NTP.
1. Shall paint all specified exterior surfaces of both quarters’ buildings (approximately 4200-SF of surface) using weather and environmentally durable paint that matches with the existing building’s color scheme. Type and color of paint shall be approved, before application, by the FM.
2. The contractor shall use paint that repels splash-staining, mold, and rain.
Contractor needs to consider, when selecting the paint, any future conditions that could cause damage or staining?
3. Shall repaint doors, windows, canopy framework, and other trim to match with existing trim.
a. Note: The windows have storm shutters that may need to be removed to access trim. It is contractor’s responsibility to remove shutters if needed to access trim.
4. Shall remove all protective coverings and tape and dispose of them properly, offsite, according to federal and territorial guidelines.
Conservation Measures
The following conservation measures shall be implemented during all stages of the project to avoid or minimize effects on the Mariana fruit bat and habitat for the bat, the endangered Mariana crow, the Guam rail, and the Guam Micronesian kingfisher as per U.S. Fish and Wildlife Service informal consultations.
1. Activity at the project site shall not begin before dawn nor continue past dusk and shall generally occur between the hours of 8 AM and 5 PM. No activity shall occur at night.
2. The presence of any bat or crow shall be reported to the USGS immediately;
however, the location of the bat or crow shall not be revealed to any outside party.
Hours of Operation
Normal working hours shall be between 8 AM and 5 PM, Monday-Friday. The contractor shall not work Saturdays, Sundays, legal holidays, or other non-normal working hours unless otherwise authorized by the Contracting Officer. Requests to work times other than normal hours shall be made in writing.
Special Site Considerations (SSC)
The contractor shall not go beyond nor store equipment and/or materials east of the Office building or its leach field (See fig. 2). The area beyond the Office building is considered an exclusion zone in which vital scientific data for national security is acquired. Any ferrous (magnetic material) introduced into the area will corrupt the data and render the data useless. Continued corruption of said data by the awarded contractor shall result in the termination of contract and an unsatisfactory CPAP review.
The Guam Magnetic Observatory property contains two quarters. Both of the quarters will be occupied by tenants during the time of this project. The work being done, because of its type, will directly affect those tenants. It will be the contractor’s responsibility to notify the Facility Manager (FM) and tenants at least 24 hours in advance of when the work will directly affect the personnel of the quarters.
Other Information
Contractor’s License The contractor is required to have a CURRENT contractor license issued by the Government of Guam.
Disposal of Debris Offsite All project disposable materials and debris, including trash from employees, shall be removed from the site. The site shall be kept orderly and safe at all times and free from an accumulation of waste materials. See FAR clause 52.236-12, “Cleaning Up.” The contractor shall divert as much non-hazardous, recyclable construction and demolition materials and debris from the waste stream as possible.
Outages and Interruptions The contractor is advised that the USGS will have ongoing, real-time magnetic data collection functions during the established contract. All uses and interruptions of site utilities (including water, electricity, and cooling, etc.) required for the performance of the contract work shall be approved 72-hours in advance by the USGS FM. The contractor shall identify any possible interruptions to the project schedule before the start of the project. The contractor shall provide a start time/date, extent, and duration of the change.
Quality Assurance Plan and Surveillance (QASP)
The Quality Assurance Plan focuses on key performance measures that are central to the successful completion of the quarters painting project.
Requisite Services (Tasks) Performance Standard
Acceptable Quality Level
Inspection Technique
Complete project in a safe manner.
Contractor shall follow all OSHA guidelines.
No safety issues occur during execution of project.
FM
surveillance.
Properly prepare all surfaces to be painted.
Contractor shall follow manufacturer specifications for surface preparation.
Surfaces are pressure washed, and all staining and mold are removed.
Old paint and residue are removed from all surfaces to be painted. Any additional requirements listed by paint/primer manufacturer for surface preparation are met.
QM will inspect the buildings to ensure that the acceptable level is achieved.
Contractor shall remove all residue and trash from the power wash process from the site.
No residue or trash is remaining. All power wash residue and trash is disposed of offsite according to federal and territorial regulations and standards.
QM inspects the site to ensure acceptable level achieved.
Quarters tenants are notified in advance of work that will directly affect them.
Contractor shall provide 24-hours advance notice to FM and tenants when work may cause disruption.
No instances of disruption of tenants without proper notification.
QM and FM surveillance.
Paint the two quarters buildings.
Contractor shall ensure that no non-paintable surfaces are exposed to paint and primer during application.
No evidence of paint or primer on non-paintable surfaces.
FM and QM will inspect non-paintable surfaces for paint.
Contractor shall prime all required surfaces for painting.
All primed surfaces meet the manufacturer’s application guidelines.
QM inspects primed surfaces.
Contractor shall ensure that all newly painted surfaces are free of bubbling, dripping, sagging, or inconsistency in color.
No evidence of bubbling, dripping, sagging, or inconsistency in color. If issues are identified, contractor will repaint to acceptable quality.
QM inspects all newly painted surfaces.
Ensure that USGS science is not interrupted during the project.
Contractor shall ensure that no observatory data disruption or
No equipment or materials are placed or stored east of the Office
Site QM surveillance.
USGS
Geomagnetism corruption occur. building. No personnel are permitted to be east of the Office building. No data disruption or corruption detected.
Program personnel will monitor data.
(Fig. 1) Site Layout
(Fig. 2) Site Reference Plan
(Fig. 3) Quarters 1 Building
(Fig. 3a) Quarters 2 Building
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 performance 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
52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)
52.204-19 Incorporation by Reference of Representations and Certifications.
(DEC 2014)
http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.
(NOV 2015)
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Construction Wage Rate Requirements. (AUG 2018)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (AUG 2018)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of Segregated Facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEPT 2015)
52.222-27 Affirmative Action Compliance Requirements for Construction.
(APR 2015)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015)
52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.223-10 Waste Reduction Program. (MAY 2011)
52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)
52.232-27 Prompt payment for construction contracts. (JAN 2017)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest after Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.236-2 Differing Site Conditions. (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
52.236-5 Material and Workmanship. (APR 1984)
52.236-6 Superintendence by the Contractor. (APR 1984)
52.236-7 Permits and Responsibilities. (NOV 1991)
52.236-8 Other Contracts. (APR 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
52.236-10 Operations and Storage Areas. (APR 1984)
52.236-11 Use and Possession Prior to Completion. (APR 1984)
52.236-12 Cleaning Up. (APR 1984)
52.236-13 Accident Prevention. (NOV 1991)
52.236-21 Specifications and Drawings for Construction. (FEB 1997)
52.236-26 Preconstruction Conference. (FEB 1995)
52.242-14 Suspension of Work. (APR 1984)
52.243-5 Changes and Changed Conditions. (APR 1984)
52.244-6 Subcontracts for Commercial Items. (OCT 2018)
52.245-1 Government Property. (JAN 2017)
52.245-9 Use and Charges (APR 2012)
52.246-21 Warranty of Construction. (MAR 1994)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)
52.249-10 Default (Fixed-Price Construction). (APR 1984)
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within ten
(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 thirty (30) calendar days. The time stated for completion shall include final cleanup of the premises.
52.219-28 Post-Award Small Business Program Representation. (JUL 2013)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract.
The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:
The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code: 238320 assigned to Solicitation No. 140G0221Q0134.
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S.
Department of Labor, to enforce the terms, including action for noncompliance.
Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-
(1) The product cannot be acquired-
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall-
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than-
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
52.223-11 Ozone-Depleting Substances. (JUN 2016)
(a) Definitions. As used in this clause--
“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide.
Carbon Dioxide’s global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).
“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.
“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II , including, but not limited to hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:
Warning
Contains (or manufactured with, if applicable) none, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall— http://www.epa.gov/snap
(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by—
(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R- 404A, etc.);
(ii) Contract number; and
(iii) Equipment/appliance;
(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after00
(i) Annually by November 30 of each year during contract performance;
and
(ii) At the end of contract performance.
(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap ) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap .
52.225-9 Buy American - Construction Materials. (FEB 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 item (as defined in paragraph (1) of the definition 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.
http://www.sam.gov/ http://www.epa.gov/snap http://www.epa.gov/snap https://www.acquisition.gov/far/part-2#FAR_2_101
"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.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(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.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material
Description
Unit of Measure
Quantity Price (dollars)*
Item1:
Foreign construction material
Domestic
Item2: _______ _______ _______
Foreign
Domestic
[* 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.]
52.252-6 Authorized Deviations in Clauses. (APR 1984)
(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 48 CFR, Chapter 14, Department of the Interior Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
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, 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(s) assigned for this contract are:
* To be determined at time of award
(e) Only the Contracting Officer may designate a new Technical Liaison.
1452.204-70 Release of Claims (JUL 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
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:
$200,000.00 each person*
$500,000.00 each occurrence*
$20,000.00 property damage*
(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
GS0347 Indoor Air Quality during Construction (MAR 2008)
(a) Items and material existing in the space or to be removed from the space during the demolition phase are eligible for reuse in the construction phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse must be in refurbishable condition, and must meet the quality standards set forth by the Government in this solicitation/contract. In the absence of definitive quality standards, the contractor is to ensure that the quality of the item(s) in question will meet or exceed accepted industry or trade standards for first quality commercial grade applications. Before use, the contractor shall submit a reuse plan to the Contracting Officer. The Government will not pay for existing fixtures and other existing improvements accepted in place.
(b) Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials from the assemblies of which they form a part.
(c) The Offeror shall maintain a recycling program to dispose of or recycle construction waste in compliance with this clause. The program must cover the following requirements.
(1) The contractor will provide continuous facilities for the recycling of incidental construction waste during initial construction.
(2) Products may be excluded from the recycling program when the small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.
(3) Records of construction materials recycled shall be maintained and accessible to the Contracting Officer. Records shall include materials recycled or landfilled, quantity, date, and identification of hazardous wastes.
(d) As a minimum, the contractor will recycle lighting and associated support system, carpet and carpet pad, hardware, drywall, and electrical components during both the demolition and construction phases of the project, subject to economic evaluation and feasibility.
(e) If any waste materials encountered during the demolition or construction phase are found to contain lead, asbestos, PCBs (such as fluorescent lamp ballasts), or other harmful substances, they are to be handled and removed in accordance with State and Federal laws and requirements concerning hazardous waste.
(f) The requirements of paragraphs (b) through (d) of this clause do not apply when no construction recycling and salvage operation is reasonably available in the locality where work is to be performed.
GS1125 Schedule of Prices (Construction). (JUL 2001) In accordance with the clause FAR 52.232-05, Payments under Fixed-Price Construction Contracts, the contractor shall, within 10 days after receipt of notice of award, submit to the Contracting Officer for approval, a Schedule of Prices. This schedule shall consist of a detailed breakdown of the contract price, segregated under each of the significant construction categories. It shall state the quantities for each of the various types of work, the unit prices, and extended totals. Subcontractors who may be involved in more than one category of work must provide the same breakout data for each category. The submission of the required data shall not otherwise affect the contract terms.
GS1126 Invoicing and Performance Statements (Construction). (JUL 2001)
(a) The contractor's invoice must be marked "ORIGINAL" and submitted with two additional copies to the below designated billing office:
Original: U.S. Department of the Treasury’s Internet Payment Platform System
(IPP)
Copy: U.S. Geological Survey Attn: To be determined at time of Award ASL Target Road 10002 Isleta SE Kirtland AFB, NM 87117
Copy: U.S. Geological Survey Denver Federal Center, Denver Acquisition Branch Attn: Kelly McFarlin PO Box 25046, MS 204 Denver, CO 80225-0046
Note: Payroll statement must be submitted with each invoice and the…
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