Sol_140G0223Q0116.pdf

140G0223Q0116

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

05/16/2023 0040620690

1 37

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

USGS Upper Midwest Environ Sci Ctr

2630 Fanta Reed Road

LaCrosse

WI 54603

573 397-2277Mary Wilson

06/01/2023 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

There will be an organized site visit. Refer to Clause 52.326-7 Site Visit.

The disclosure of magnitude is: Between $25,000 and $100,000.

1) This Synopsis/Solicitation Notice is to announce the U.S. Department of Interior (DOI), U.S. Geological Survey has a requirement for the REPLACEMENT OF CONCRETE STEPS in accordance with the attached solicitation.

2) The synopsis/solicitation number is 140G0223Q0116 and is being issued as a Request for Quote (RFQ).

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 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0223Q0116

3) The award for this requirement shall be made using the policies in the Federal Acquisition

Regulations (FAR) Part 12, Acquisition of

Commerical Items, and in conjunction with the policies and procedures for solicitation, evaluation, and award prescribed in FAR 13.5

Simplified Procedures for Certain Commerical

Items, as appropriate for this acquisition. Award shall be made to the vendor whose quote, conforming to this RFQ is determined to be the most advantageous to the government.

4) This solicitation is a SMALL BUSINESS SET

ASIDE. The associated NAICS Code is 238110 -

Poured Concrete Foundation and Structure

Contractors.

5) A copy of this solicitation may be accessed by clicking "Attachments/Links".

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

7) All questions and quote must be emailed to

Beth Wilson at bwilson@usgs.gov

00010 Construction services, non-personal, to provide all plant, equipment, labor, supervision, and materials (unless otherwise provided herein) necessary for the Replacement of Concrete Steps -

UMESC Seg. D in accordance with the attached

Statement of Work.

Period of Performance: 07/01/2023 to 09/30/2023

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

Table of Contents

Replace Segment D Front Entrance Steps 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (JAN 2017) 52.204-20 Predecessor of Offeror. (AUG 2020) 52.219-28 Post-Award Small Business Program Representation. (MAR 2023) 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. (OCT 2022) 52.228-13 Alternative Payment Protections. (JUL 2000) 52.252-6 Authorized Deviations in Clauses. (NOV 2020) 52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997) 1452.204-70 Release of Claims (JUL 1996) 1452.228-70 Liability Insurance (JUL 1996) GS0340 Environmentally Preferable Building Products and Materials (MAY 2008) GS0342 Hazardous Material Identification (MAR 2008) GS0343 Energy Efficient Products (MAR 2008) GS0346 Construction Waste Management (MAR 2008) GS0347 Indoor Air Quality During Construction (MAR 2008) GS0348 Environmental Requirements - Selected Construction Materials (MAR 2008) GS0919 Legal Holidays (JAN 2002) GS1125 Schedule of Prices (Construction). (JUL 2001) GS1126 Invoicing and Performance Statements (Construction). (JUL 2001) GS1326 Indemnity. (JUL 2001) GS1329 Interpretation of Contract Requirements. (JUL 2001) GS1338 Notice to the Government of Delays. (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) GS1366 Nondiscrimination Notice to U.S. Department of the Interior Contractors, Subcontractors, and Lessors. (JAN 2000) GS1440 Wage Determination Applicable. (JUL 2001) ELECTRONIC INVOICING 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. (APR 2016) 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) - Alternate I (FEB 1995) 52.252-5 Authorized Deviations in Provisions. (APR 1984) Bidding Requirements 52.212-2 Evaluation - Commercial Items. (NOV 2021)

QUOTATION SUBMISSION

Replace Segment D Front Entrance Steps

1. GENERAL INFORMATION

a. Introduction

2. The Department of the Interior (DOI), U.S. Geological Survey (USGS), Upper Midwest

Environmental Sciences Center (UMESC) 2630 Fanta Reed Road, La Crosse, Wisconsin 54603 requires replacement of the Segment D front entrance concrete steps.

a. Background: See attached pictures for additional information. The existing concrete steps leading out of the Segment D main entrance have significant spalling and degradation of the risers and tread areas.

b. Scope: Services, construction, to provide all equipment, labor, travel, and materials (unless otherwise provided herein) necessary to replace the concrete steps in Segment D according to all federal, state and local codes.

3. WORK REQUIREMENTS

a. Preparation: See attached picture (4.d.iii) for proposed schematic of new concrete steps.

Contractors proposed layout shall include the following changes to the existing stair configuration:

i. New concrete wall bisecting the left and right sides of the stairs. New wall shall be constructed to match architectural style of the left and right end walls of the stairs. New handrails shall be provided under this contract and mounted on the sides of the center wall. New handrails shall match existing handrail color, material, design and wall mounting.

b. Prior to construction, Contractor shall present proposed layout to the USGS Technical Liaison (TL) for approval. Stairs shall be installed such that the existing rise and tread dimensions are maintained. New steps to have a 90º vertical rise to the tread. Site preparation work shall include, at a minimum, the following requirements.

i. Form the foundation by excavating or filling to the required elevation of the concrete bottom, or subbase bottom if specified. Tamp or compact the foundation to ensure stability. In cuts, make the foundation wide enough to allow placing forms and performing concrete placement and finishing.

c. Installation: The Contractor shall check the foundation, forms, and reinforcement for proper installation before placing the concrete. Work shall be completed with, at a minimum, the following material standards (excluding payment performance clauses) set forth according to the following Wisconsin DOT Specifications unless otherwise directed in writing from the USGS TL:

i. Section 415 Concrete Pavement (http://wisconsindot.gov/rdwy/stndspec/ss-04-

15.pdf)

ii. Section 501 Concrete (http://wisconsindot.gov/rdwy/stndspec/ss-05-01.pdf)

iii. Section 505 Steel Reinforcement (http://wisconsindot.gov/rdwy/stndspec/ss-05- 05.pdf#ss505.2.4)

iv. Section 602 Concrete Sidewalks, Loading Zones, Safety Islands, and Steps (http://wisconsindot.gov/rdwy/stndspec/ss-06-02.pdf)

v. Concrete shall be rated for minimum 5000 psi strength and minimum 6” thickness.

vi. Contractor shall install reinforcing rebar according to industry best practices for reinforcement of concrete walkways and steps.

vii. Steps shall have a have a broomed finish parallel to the length of the tread.

viii. Steps shall be anchored to footings and steps sidewalls along it’s entire length.

Install expansion/contraction joints and dowel rod reinforcement in accordance with best industry practices and applicable standards referenced in this Scope of Work.

ix. Contractor shall cover concrete with plastic sheeting to ensure proper curing.

Concrete shall cure for a minimum of 3 days unless longer as required by current climate conditions.

d. General Requirements http://wisconsindot.gov/rdwy/stndspec/ss-04-15.pdf http://wisconsindot.gov/rdwy/stndspec/ss-04-15.pdf http://wisconsindot.gov/rdwy/stndspec/ss-05-01.pdf

x. The Contractor shall always have materials available to protect the surface of the plastic concrete against weather events. These materials shall consist of waterproof paper or plastic sheeting. For slipform construction, materials such as wood planks or forms to protect the edges shall also be required. The contractor shall protect freshly placed sidewalk from damage by rain events until adequately cured and resistant to damage. Concrete showing signs of damage as a result of a weather event will be removed and replaced at the contractor’s expense.

xi. The contractor shall include a draft design and tentative work schedule with their proposal and adhere to the contracted design and schedule once awarded.

Any deviation must be approved via the change order processes.

xii. Work shall be performed during regularly scheduled facility hours (7:30am- 4pm; Mon. – Fri.). However, if facility personnel will be negatively impacted by the work, after hours and weekend work may be authorized. Any work performed by the Contractor outside of normal facility hours must be coordinated with the USGS TL at least 48 hours in advance.

xiii. Coordinate work with the USGS TL to ensure any facility research equipment or studies are not interrupted or disturbed. Contractor will be responsible for any work performed as part of this contract that causes damage to existing equipment or negatively impacts ongoing research.

xiv. General Contractor shall provide enclosures and barricades throughout the site where necessary to exclude trespassers, eliminate safety hazards and facilitate the progress of work.

xv. All materials shall be installed in accordance with manufacturer’s recommendations and installation instructions.

xvi. Contractor shall provide equipment as the Government deems necessary to minimize debris in and around work areas.

xvii. Contractor shall daily clean or cover surfaces or equipment impacted by construction work and remove any debris created by the demolition and/or installation from this project.

xviii. Contractor shall ensure that no damage occurs to the surrounding buildings or equipment. Contractor shall be responsible for any repair costs due to damage to surrounding buildings, glazing or piping caused by construction or demolition as part of this project.

xix. Contractor shall carry a minimum of $500,000 liability insurance against potential facility and or equipment damage.

xx. Contractor shall gain approval from the TL prior to entry into other areas of the facility not directly related to this project scope. Entry into offices, mechanical/electrical spaces and or laboratories without permission from USGS TL is prohibited.

xxi. Contractors shall notify the TL of any issues affecting project completion or delivery dates as soon as practical but no later than 24 hours.

xxii. Contractor shall be responsible for providing portable generators as needed for Contractor equipment.

d. Project Completion Documentation:

i. Final Inspection and Acceptance Criteria

1. Upon successful completion of the installation and prior to the Final Acceptance, the Contractor shall ensure that there are no apparent defects in the new stairs, and all adjoining areas have been cleaned and debris cleared as necessary. Contractor shall notify TL in writing or email requesting a site inspection for the purpose of formal acceptance of the completed work.

2. The Contractor shall notify the TL in writing to request a Final Inspection and Acceptance Test no later than 15 business days after receipt of the Notice to Proceed. All aspects of the work shall have been evaluated by the Contractor and found to be correctly installed and ready for final evaluation prior to the Contractor requesting the inspection.

3. Acceptance by the Government will be given only after the satisfactory completion of the work as outlined in this Scope of Work. Project acceptance can be issued only by the project Contracting Officer (CO).

ii. Warranty Work and Service

1. The Contractor shall warranty all workmanship to meet the specifications set forth in this SOW. Additionally, the Contractor shall warranty all Contractor workmanship for a (minimum) period of 12 months from the date of Government acceptance.

e. Deliverables

i. Installation of new stairs to be complete within 30 days of notice to proceed.

4. SUPPORTING INFORMATION

a. Place of Performance: UMESC; 2630 Fanta Reed Rd. La Crosse, WI. Segment D entrance.

b. Period of Performance: 30 days from notice to proceed.

c. Government Furnished Property (GFP): None.

d. Special Considerations

i. Existing cutaway view (no scale)

ii. Existing Overhead View (no scale)

iii. Existing Footing Detail (no scale)

iv. Existing Section at Exterior Steps

v. Existing Segment D stairway condition:

vi. Proposed layout of new stairway (for diagrammatic purposes only, not to scale)

GS0339 Green Acquisition. (FEB 2014) 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 included 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 Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html Recycled Products are described at http://epa.gov/cpg Water efficient products are described at http://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

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)

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)

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

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

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

52.222-3 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)

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. (SEP 2016)

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

52.222-50 Combating Trafficking in Persons. (NOV 2021)

52.222-55 Minimum Wages Under Executive Order 13658. (JAN 2022)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

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. (MAR 2023)

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)

52.242-14 Suspension of Work. (APR 1984)

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

52.244-6 Subcontracts for Commercial Items. (MAR 2023)

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)

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (JAN 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

https://www.acquisition.gov/far/part-2#FAR_Subpart_2_1

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-20 Predecessor of Offeror. (AUG 2020)

(a) Definitions. As used in this provision-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: [(or mark "Unknown")].

Predecessor legal name: [(Do not use a "doing business as" name)].

52.219-28 Post-Award Small Business Program Representation. (MAR 2023)

(a) Definitions. As used in this clause—

Manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. Concerns that only minimally alter the item being procured do not qualify as manufacturers of the end item. Concerns that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item.

Nonmanufacturer means a concern, including a supplier, that provides an end item it did not manufacture, process, or produce.

(b) Applicability.

(1) This clause does not apply to contracts awarded pursuant to the unrestricted portion of a partial set-aside or to a contractor that is the manufacturer of the product or end item.

(2) This clause applies to—

(i)Contracts that have been awarded pursuant to a set-aside, in total or in part, for any of the small business concerns identified in 19.000(a)(3);

(ii)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(iii)Orders expected to exceed the simplified acquisition threshold and that are—

(A)Set aside for small business under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B)Issued directly to a small business concern under multiple-award contracts as described in 19.504(c)(1)(ii);

(iv)Orders, regardless of dollar value, that are—

(A)Set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(B)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, and 19.15 under multiple-award contracts as described in 19.504(c)(1)(ii); and

(v)Contracts using the HUBZone price evaluation preference to award to a HUBZone concern unless the Contractor waived the evaluation preference.

(c) Requirements.

(1)The Contractor shall—

(i)Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph (c)(2) of this clause instead;

(ii)Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii)Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_19_504 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-19#FAR_19_504

(2)When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

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 $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) Definition. "Ozone-depleting substance," as used in this clause, 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), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_____, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

52.225-9 Buy American - Construction Materials. (OCT 2022)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial 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

(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 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.

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: Payment bond.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

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

(b) The use in this solicitation or contract of any 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.

52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997)

(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 assigned for this contract is:

This will be given 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.

GS0340 Environmentally Preferable Building Products and Materials (MAY 2008)

(a) The contractor shall use environmentally preferable products and materials where economically feasible. Environmentally preferable products have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose.

(b) Refer to EPA's environmentally preferable products web site, www.epa.gov/opptintr/epp. In general, environmentally preferable products and materials do one or more of the following -

(1) Contain recycled material, are biobased, or have other positive environmental attributes;

(2) Minimize the consumption of resources, energy, or water;

(3) Prevent the creation of solid waste, air pollution, or water pollution;

(4) Promote the use of non-toxic substances and avoid toxic materials or processes.

(c) See FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, for related bio-based product requirements.

(d) See FAR 52.223-17, Affirmative Procurement of EPA-designated Items in Service and Construction Contracts, for related recycled content requirements.

(e) If this contract includes janitorial services, the contractor specifically must -

(1) use the following recycled content products - towels, tissue products, and plastic trash can liners, and

(2) use biobased and/or environmentally preferable cleaning products.

GS0342 Hazardous Material Identification (MAR 2008)

(a) In accordance with clause FAR 52.223-3, Hazardous Material Identification and Material Safety Data, Alternate I, the contractor shall provide Materials Safety Data Sheets (MSDS) for the following products prior to their use under this contract: adhesives, caulking, sealants, insulating materials, fireproofing or fire-stopping materials, paints, carpets, floor and wall patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides.

(b) The Government reserves the right to review such products at any time. The Contracting Officer may eliminate from permitted use under this contract products with significant quantities of toxic, flammable, corrosive or carcinogenic material and products with potential for harmful chemical emissions.

GS0343 Energy Efficient Products (MAR 2008)

(a) When acquiring energy-using products, the contractor shall purchase ENERGY STAR® or other energy-efficient items listed on the Department of Energy’s Federal Energy Management Program (FEMP) Product Energy Efficiency Recommendations product list. This clause applies to any power-consuming equipment to be installed or used in USGS facilities, whether title to the equipment will pass to the Government or be retained by the Contractor.

(b) For products that consume power in a standby mode (as listed on FEMP’s Standby Power Devices product listing), the contractor shall -

(1) Purchase items which meet FEMP’s standby power wattage recommendation or document the reason for not purchasing such items; or

(2) If FEMP has listed a product without a corresponding wattage recommendation, purchase items which use no more than one watt in their standby power consuming mode. When it is impracticable to meet the one watt requirement, purchase items with the lowest standby wattage practicable.

(c) The requirements of this clause do not apply if (1) no compliant product’s utility and performance can meet the contractor’s need or contract specifications, (2) compliance would not be life-cycle cost-effective, or (3) compliant solutions are otherwise not available.

(d) Information is available via the Internet about - ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www.eere.energy.gov/femp/procurement .

GS0346 Construction Waste Management (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.