Sol_140G0223Q0027.pdf

140G0223Q0027

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

01/09/2023

1 33

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

12/31/2022

USGS Geologic Hazards Team

MS 966

Box 25046 Denver Federal Center

Denver

CO 80225

303 236-9330Trisha Beals

01/25/2023 1200 HT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

UEI:______________

1. This combined Synopsis/Solicitation Notice is to announce the U.S. Department of Interior (DOI), U.S. Geological Survey (USGS) has a requirement for a Power Sub-meter Installation in accordance with the attached solicitation.

2. The synopsis/solicitation number is 140G0223Q0027 and is being issued as a Request for Quote (RFQ).

3. The policies contained in FAR Part 12, in conjunction with the policies and procedures for solicitation, evaluation, and award prescribed in Part 13, as appropriate shall be used for this 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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0223Q0027 acquisition.

4. This is a SMALL BUSINESSSET ASIDE. The associated NAICS Code is 221122 - Electric Power

Distribution.

5. Offeror shall include a Dun and Bradstreet number with quote. Offeror must be current and active in System for Award Management (SAM) at the time of the quote in order to be considered for award. Register at https://www.sam.gov/index.html to be eligible for award.

6. All requirements for preparation, submission, and receipt of quotes are contained in this solicitation and shall be adhered to.

7. Quote and all questions shall be submitted via email to Trisha Beals at tbeals@usgs.gov.

8. Please see detailed information, including this Announcement to this Solicitation

140G0223Q0027 at https://beta.sam.gov.

Site Visit: Refer to Provision 52.236-27 for site visit information. Attendance at site visit is recommended for offerors interested in submitting a proposal. The site visit is scheduled for

January 16, 2023 at 9:00 AM (HT).

Period of Performance: 02/01/2023 to 03/31/2023

00010 Construction services, non-personal, to provide all plant, equipment, labor, supervision and materials (unless otherwise provided herein) necessary for the HON Power Sub-Meter

Installation in accordance with the attached

Statement of Work and Specifications (Attachment

1).

Product/Service Code: N061

Product/Service Description: INSTALLATION OF

EQUIPMENT- ELECTRIC WIRE AND POWER DISTRIBUTION

EQUIPMENT

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. (SEP 2021) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) 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. (NOV 2021) 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

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. (MAY 2022) 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. (APR 1984) Basis of Award Bidding Requirements Lowest Price Technically Acceptable Pass/Fail Criteria and Evaluation Plan Question Cutoff Quotation Submission

Statement of Work

USGS Honolulu Magnetic Observatory

Utility Power Meter Installation

Background

The U.S. Geological Survey (USGS) maintains geomagnetic observatories throughout the United States.

The USGS Honolulu Magnetic Observatory site was developed for its current use in 1961, and most of the original buildings remain substantially intact. The observatory, along with a network of others in the United

States, is tasked with the very important mission of continually monitoring the magnetic field of the earth and recording valuable data which is used internationally. Generally, these observatories consist of multiple operations buildings and one or more houses. These facilities house the instrumentation and equipment necessary to function within the required mission parameters. Therefore, the maintenance and upkeep of these facilities are paramount to the mission.

The Honolulu Magnetic Observatory (HON) occupies approximately 94 acres of Federal Government-owned land at the Ewa Beach, Hawaii site (Fig 1). The physical size of the site is required to fulfill its obligation to serve as a USGS magnetic observatory. A large area of the site is undeveloped, serving as a magnetic interference-free exclusion zone. Most of the un-landscaped area is covered by Kiawe (mesquite bush) jungle. The southern portion of the USGS property is mostly the same except for certain areas surrounding the buildings, which are lawns with mature landscaping. The western and northern sides of the property are boarded by residential housing, the eastern side is boarded by a golf course, and the southern boundary is bordered by 81 acres of Department of Hawaiian Home Lands (DHHL) property. The site lies approximately 1,200 feet north of the Pacific Ocean. The estimated site elevation is approximately 4 feet above sea level.

On April 28, 2018, the USGS sent GSA a request for Transfer of Excess Property and Related Personal

Property, regarding the acquisition of a 94 ± acre portion of the 175-acre former National Weather Service

(NWS) Pacific Tsunami Warning Center (PTWC) in Ewa Beach, Hawaii. The request was approved to acquire the land in April 2021. Since its approval, it has been determined that the power utility meter, that defined power usage for the site, is located on DHHL land. Therefore, in order to identify power usage correctly between DHHL and the USGS, it will require that a drop from the utility power pole 5 (PP5) be established and a check-meter be installed on the USGS building 6 (B6) (Fig 2).

Scope

The scope of this project is to install a power drop from Power-Pole 5 (PP5; located on DHHL land) to building 6 and install a utility check-meter on the south face of building 6 (Fig 3).

Site Location:

The USGS operates the Honolulu magnetic observatory at Ewa Beach, Hawaii.

More information about the observatory, including GPS coordinates, can be found here:

USGS Honolulu Geomagnetic Observatory Site Information

The address is:

Honolulu Magnetic Observatory

91-270 Fort Weaver Rd

Ewa Beach, Hawaii 96706

It is very important that the successful contractor must understand that the location of this project will be at a magnetic collection observatory and that the observatory is to remain operational throughout the life of this contract. In areas where work is required and the USGS must maintain data collection activities, work shall be conducted without disruption to the USGS’s data collection process as much as possible, and in close coordination with the USGS Facility Manager.

https://www.usgs.gov/natural-hazards/geomagnetism/science/honolulu-hon?qt-science_center_objects=0#qt-science_center_objects

USGS Points of Contact (POC):

Contracting Officer (CO): Trisha Beals, tbeals@usgs.gov

Facility Manager (FM): TBD

Onsite Representative (OR): TBD

CADE Engineering (CPOC): TBD

Contractor Tasks:

The contractor shall within 10 business days of the Notice to Proceed (NTP):

1. Review, inspect, and make themselves familiar with the project location, B6 electrical infrastructure, scope, and the CADE Engineering drawing E-001.

a. Drawings are provided upon request.

b. Identify the location of B6 and PP5.

The contractor shall begin work within 30 business days of the Notice to Proceed (NTP):

1. DHHL permission for installation of the power drop from DHHL’s PP5 to B6. Ensure written permission for the installation has been obtained from DHHL prior to any work being done

2. Install check-meter at the location defined by CADE drawings and specifications.

i. Install new meter socket with check meter

ii. Connect new meter (service) to existing electrical distribution system at bldg. 6.

iii. Connect new service to existing overhead secondary conductors on pole 5

iv. Disconnect existing service to bldg. 6.

v. Remove existing service equipment at bldg. 6

vi. Remove existing feeder serving bldg. 5.

a. Coordinate with CO and FM on any questions or requests for information (RFIs) pertaining to drawings.

i. All RFIs shall be in written email form and responded to within three workdays.

b. Copy CO and FM on all email correspondences.

c. Coordinate with Hawaiian Electric Company (HECO) and USGS on power shutdowns.

i. See Organization at the site bullet #3 below.

3. Ensure the check-meter is measuring the correct power usage for the USGS property.

a. The contractor shall confirm that the B6 distribution system is reading USGS usage.

4. All project-related debris and trash shall be cleaned up and removed from the site daily.

i. See Organization at the site bullet #4 and #5 below.

5. Train the OR on how to read the B6 check-meter and about any troubleshooting scenarios pertaining to common check-meter issues or equipment failures.

6. Provide all closeout documentation and deliverables (e.g., Release of Claims, warranties)

Other Requirements

This project is located at a magnetic observatory that collects continuous data on the Earth’s magnetic field.

The contractor shall not work or store equipment or materials within a 300’ radius of the two magnetic operations buildings on-site unless approved by the USGS Facility Manager. Any permanently installed materials within a 600’ exclusion radius (Fig. 4) of the magnetic operations buildings shall be aluminum material only (no ferrous material) and shall be subject to inspection and approval by the USGS before installation. (Note: the two magnetic buildings are the Variations building and Absolutes building.)

The contractor shall (a) commence work under this contract once given the NTP by the Contracting

Officer, (b) prosecute the work diligently, and (c) complete the work no later than 30 business days from the Notice to Proceed. The deliverables needed to identify the completion of the project shall include final

QA approval of cleanup of premises, equipment specifications and warranties identifying exact equipment elements used, an email confirming OR training was done and acknowledged, documentation proving proper separation of USGS and DHHL power usage and QA product acceptance, and a signed Release of

Claims.

This project will be done on Federal land. This means there will be no smoking permitted. Any smoking-related damages and costs shall become the sole responsibility of the primary contractor and shall not transfer add any costs to the Federal Government.

The prime constructor and all construction subcontractors shall be appropriately licensed for their respective business activity by the State of Hawaii and evidence of such licensure shall be submitted during the initial award stage. SF 1413-13e shall be filled out on all sub-contractors and provided to the USGS

CO.

Hours of Operation

All physical construction work conducted on-site shall be coordinated with the OR and/or the FM. All construction work shall occur during the weekdays between the hours of 7:00 AM and 5:00 PM. The

Contractor shall not work Saturdays, Sundays, legal holidays, or non-normal working hours unless otherwise authorized by the CO. Request shall be in written form.

All negligence resulting in damage to property or persons, performed by the contractor, shall remain solely the responsibility of the said contractor. No related expenses, due to such negligence, shall transfer to the government (including litigation expenses).

Organization at the site

1. The contractor shall take all necessary precautions to prevent fires or damage to property of the government or others during the performance of this contract.

2. The contractor shall furnish and install required Occupational Safety and Health (OSHA) construction signs, caution tape, and/or barricades around any hazardous work areas.

3. The contractor shall coordinate with the USGS on all power outages 72-hours in advance of the actual power shutdown. This shall be done in written form to the FM and CO.

4. The contractor shall thoroughly clean the work area at the end of each workday to ensure that the public and employees of the site are not exposed to any unsafe conditions. Any additional steps taken during and after daily construction, to ensure safety, shall be considered by the contractor and his or her employees.

5. All construction debris and rubbish shall be removed from the site daily and disposed of properly according to local, state, and federal guidelines.

6. The contractor shall provide a lead supervisor to be on the worksite at all times during the construction process.

7. The contractor shall be responsible for the supervision and control of the employees that may be assigned to render services under the contract. Fully qualified work personnel shall be available for work at the project’s beginning and shall be maintained throughout the period of performance.

8. Site access shall be granted to specific lead personnel for contractor access to the site.

9. Access shall not be granted to anyone not directly related to the project’s scope.

Any unusual activity or persons shall be brought to the attention of the FM or OR.

10. Limited parking space is available on site. The USGS OR shall designate a parking area (or areas) for the contractor to park vehicles. Vehicles shall be limited to only those vehicles marked for contractor operations and supervisor use. Personal vehicles are not permitted if not properly marked. If illegal vehicles are present, removal will be done at the expense of the owner.

11. Egress and ingress routes shall remain clear to allow for emergency vehicle response.

12. The USGS FM or OR shall designate areas where the contractor can store or place materials and equipment for short-term storage in preparation for installation. There is no inside storage space available. Storage and security of materials and equipment as required for the performance of the contract is the responsibility of the contractor. The contractor shall be responsible for the cleanliness of these areas.

13. The contractor shall be responsible for making all arrangements for the receipt of materials and supplies at the job site. Government personnel are not permitted to receive or sign for items delivered to the site.

14. Upon completion of the contract, the contractor shall remove all equipment and excess materials, and shall restore the site to its original condition as approved by the CO or FM. No additional cost to the government shall be incurred with site restoration.

Pre/Post Construction Meeting

There will be a pre-construction meeting between the USGS FM, CO, 3rd Party OR, and Awarded

Contractor to discuss timelines, questions, and concerns regarding the project. The pre-construction meeting shall be held before the Notice to Proceed (NTP) is given at a time determined by the parties involved. Additional meetings will be held (in-person or virtually) and scheduled as deemed necessary by the contractor or USGS officials.

A final close-out meeting will be held to determine acceptance of the final product.

Quality Assurance

For this project, the Government has contracted with a third-party contractor. Their main purpose is to act as a liaison between the awarded contractor and the USGS FM. They are not permitted to make any adjustments to the contract. The third-party contractor’s other responsibilities shall involve conducting the on-site Site Visit services and onsite QA inspection services (including materials QA inspections, the on-site payroll verifications, percent complete verifications, punch list, and magnetic data quality assurance).

All materials and workmanship shall be subject to the inspection and approval of the USGS CO or FM. All work unsatisfactorily performed shall be promptly corrected and made acceptable to the Government at no extra cost.

The USGS CO or FM shall, in coordination with third-party QA, perform project review and acceptance with the contractor upon completion of job performance.

Any instructions, and final deliverables needed to manage the project’s final product, shall be submitted to the USGS CO before the closeout meeting and submittal of final payment. A percentage of the total project cost will be withheld by the USGS CO until the Final closeout documents and deliverables are signed, accepted, and approved.

Materials

The contractor shall furnish all supplies, materials, and equipment necessary for the performance and completion of the work included in this contract unless otherwise specified. Materials and supplies to be used shall be commercially and locally available products of reputable manufacturers or suppliers and shall be of a quality that will conform to applicable Federal Specifications and Standards, and which will be acceptable to USGS officials.

Specifications

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the CO, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. Any changes affecting the scope of the work shall originate from and be approved by the CO in writing.

Conditions Affecting the Work

It will be the responsibility of the contractor to inspect the site, determine the quality of work involved, compare the specifications with the work to be done, and inform themselves as to all conditions (e.g., vegetation and surface conditions) including other work, if any, being performed. Failure to do so will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any work that may be required to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government. The contractor is required to have a CURRENT contractor license issued by the Government of Hawaii.

Licenses-Permits

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses or permits, and for complying with any Federal, State, and Municipal laws, codes, and regulations in connection with the execution of the work.

Indemnity

The contractor shall confine all work on Government premises to areas authorized or approved by the CO or FM. The contractor shall save and keep harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature of the injury to or death of any person or persons and for loss or damage to any property (Government or otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of the contractor.

Figure. 1: HON Parcel Site Plan

Figure 2: Location PP5 and Building 6

Figure 3: South Face Building 6

Figure 4: 600’ Radius Zone

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. (AUG 2020)

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

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

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

52.222-3 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. (JUL 2021)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

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 2016)

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. (JAN 2022)

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

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. (MAY 2020)

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. (JUN

2020)

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

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

52.232-27 Prompt payment for construction contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT

2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 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. (JAN 2022)

52.245-1 Government Property. (SEP 2021)

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. (SEP 2021)

(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— https://www.acquisition.gov/far/52.217-8#FAR_52_217_8

(1) 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 (d) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the

Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System

(NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition—

(1)Was set aside for small business and has a value above the simplified acquisition threshold;

https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.sba.gov/document/support--table-size-standards

(2)Used the HUBZone price evaluation preference regardless of dollar value, unless the

Contractor waived the price evaluation preference; or

(3)Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) 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 (f) or (h) of this clause.

(h) 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 rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code:

237110 assigned to Solicitation No. 140G0222Q0160.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

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

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

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the

WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

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

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

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

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

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

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

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

https://www.acquisition.gov/far/22.1408#FAR_22_1408

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--http://www.epa.gov/snap

(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—

(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. (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 item (as defined in paragraph (1) of the definition at 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 http://www.sam.gov/

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

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

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 component test of the Buy American statute is waived for construction material that is a COTS item. (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 item or to the construction materials or components listed by the Government as follows:

(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 6 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…