Sol_140L0621Q0071.pdf

140L0621Q0071

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/08/2021 0040534512

1 19

DENVER FEDERAL CENTER

BLDG. 50

POB 25047

BLM OC-NOC CONST A&E SEC(OC664)

DENVER CO 80225

30 Days After Receipt of Order

BLM-NM AMARILLO FIELD OFFICE/HELIUM

CLIFFSIDE GAS FIELD

13301 WEST BRICKPLANT ROAD

AMARILLO

TX 79124-3015

303 236-8857Peter (pj) Roberson

07/08/2021 1630 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Solicitation Attachments:

Statement of Work - 4 Pages Drawings and Specifications - 15 Pages DOL Wage Determination - 5 Pages Legacy Doc #: BLM

Cliffside lab roof replacement

00010 Replace CGF Lab Roof Product/Service Code: 5650 Product/Service Description: ROOFING AND SIDING

MATERIALS

Delivery: 30 Days After Receipt of Order

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)

Request for Quote: 140L0621Q0071

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 3 of 20

Request for Quotation

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract

Place of Performance: Potter County (Amarillo, TX)

Type of Construction: 238160 – Roofing Contractors

FAR Magnitude: $25,000.00 -

$100,000.00

NAICS: 238160 SIZE STD: $16.5 Million SET-ASIDE: Small Business

Bureau of Land

Management

Contract Specialist (CS) Contracting Officer (CO) Contracting Officer

Representative (COR)

Name: Peter P.J. Roberson *Primary POC* Nate Roush Mark Welch

Email: proberson@blm.gov nroush@blm.gov mwelch@blm.gov

Quote Submittal Information:

Site Visit: For details see Clause: 52.236-27

Due Date: June 22nd2021 – 4:30 PM Local Mountain Time

In accordance with this Solicitation Part IV – Representation and Instructions

Questions Due Date: July 8th 2021 – 4:30 PM Local Mountain Time

Award Selection Process: Lowest Price mailto:proberson@blm.gov mailto:nroush@blm.gov mailto:nroush@blm.gov

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 4 of 20

GENERAL

(a) The Bureau of Land Management (BLM) is seeking quotations for construction services as attached in the accompanying statement of work. The BLM intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13. A single contract award will be made to the Offeror that submits a quotation that has been determined to be the lowest price reasonable offeror.

(b) The Government will not award any contract if the resulting contract would not represent a "best value" to the Government.

(c) To assure timely and equitable evaluation of quotations, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quotation. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to quotation requirements, at the time of submission, may result in the quotation being unacceptable to the Government and eliminated from consideration for award. It is the responsibility of offerors to ensure their quote is received by the recipient and by the due date and time.

(d) Offerors are cautioned to submit adequate information to enable the Government to fully ascertain each offeror’s capability to perform the requirements in accordance with the requirements of the request for quotation (RFQ).

(e) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer in writing (email is the preferred method) with supporting rationale by the question deadline specified on the cover page of this document.

(f) This RFQ does not commit the Government to any costs incurred in the preparation and submission of a quote or for any other costs incurred by any firm submitting a quote in response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFQ does not constitute an award commitment on the part of the Government.

(g) Quotation must be valid for a minimum of 60 days.

(h) Respondents must complete the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ (previously

ORCA and CCR). The Government will obtain respondent representations and certifications through this system.

(i) Award is subject to and based on the availability of funds. This project is currently funded based upon an independent cost estimate.

(j) Including all other factors, to qualify for award, a respondent must be determined responsible in accordance with Federal Acquisition

Regulation Part 9.

(k) Respondents shall not contact any government personnel related to this requirement other than the Contracting Officer.

(l) All questions should be emailed directly to both the Contracting Representative and Contracting Officer. Only written RFI’s will be considered and responded to by the Government. BLM responses to RFIs will be posted as an amendment to the solicitation.

(m) The successful Offeror shall submit appropriate Alternative Payment Protection in accordance with clause 52.228-13 within 10 days of contract award.

https://www.sam.gov/portal/public/SAM/

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 5 of 20

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between

7:00am and 4:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection. In addition to holidays declared by Executive Order, the following federal legal holidays are observed:

New Year’s Day Martin Luther King, Jr. Day

President’s Day Memorial Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas

FIRE DANGER SEASON

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting

Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full-size drawings may contact the Contracting Officer identified in the solicitation.

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 6 of 20

QUOTATION SUBMITTAL

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in an offeror’s quote being deemed “non-responsive.” Quotes are due by the date and time specified on the cover page of this document to the Contracting Officer’s email address.

REQUIRED DOCUMENTATION

Respondent shall submit the following information in response to this RFQ:

(1) Short Cover Letter:

(i) Offeror’s (company) name, address, and phone number

(ii) Point of contact for individuals within the company

(iii) A statement that the quote is valid for the time period set in block 13, Additional Solicitation Requirements.

(iv) A response to the following questions:

o Judgments, Claims, and Lawsuits: Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

o No ___, Yes ___. If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?

o No ___, Yes ___. If “Yes,” submit details on a separate sheet.

o IAW FAR 52.209-7(b), the offeror [ ] has [ ] does not have current active federal contracts and grants with a total value greater than $10,000,000.

o IAW FAR 52.204-24(d), the offeror represents that it [ ] will [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation

(2) Sign Standard Form (SF) 18, Request for Quotation. Please insert total price quote in block 11 and complete blocks 13 and

14. An official having the authority to contractually bind the Offeror's company must sign the SF 18 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102.

(3) Acknowledgement of Amendments: Acknowledge all request for quote amendments by signing and returning with your SF18 any SF30s issued (if applicable).

(4) Complete and submit Attachment 4, Pricing Worksheet with your quote.

BASIS FOR CONTRACT AWARD

(a) This acquisition is a Small Business set-aside under the North American Industry Classification System (NAICS) Code 238160 with a small business size standard of $16.5 Million. An offeror determined to be other than a Small Business will be deemed ineligible for award.

(b) The Government will select the quote that meets all requirements of the statement of work at the lowest price.

(c) The Government intends to make ONE award based upon evaluation of quotes received. Award will be made to the responsible contractor whose quote conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the lowest price responsible offeror. To assist offerors with price reasonableness, the estimated price of construction is estimated between $20,000.00 and $60,000.00.

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 7 of 20

CONTRACT PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

Clause Title Date

52.204-7 System for Award Management October 2018

52.204-16 Commercial and Government Entity Code Reporting August 2020

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.204-22 Alternative Line Item Proposal January 2017

52.204-23 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

July 2018

52.204-26 Covered Telecommunications Equipment or Services – Representation October 2020

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 Annual Representations and Certifications (Mar 2020)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063268 https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063408 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-18 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063736 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063796 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062558

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 8 of 20

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the

Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at

52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products

(Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A)Basic.

__ (B)Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165RA0UH01A https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059991 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1059247 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057235 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057302 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055729 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055782 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056289 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052963 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052973 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053040 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#CDCHDCIFF4 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053411 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053526 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053693 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054426 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054876 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054999 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064305 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id165VE00099X https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055635 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056493 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056701 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052268 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1052648 https://www.sam.gov/

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 9 of 20 entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, covered telecommunications equipment or services—representation, or in paragraph (v) of the provision at 52.212-3, offeror representations and certifications-commercial items.

(a) definitions. as used in this provision— backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, prohibition on contracting for certain telecommunications and video surveillance services or equipment.

(b) prohibition.

(1) Section 889(a)(1)(a) of the John S. McCain national defense authorization act for fiscal year 2019 (pub. l. 115-232) prohibits the head of an executive agency on or after august 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. nothing in the prohibition shall be construed to—

(i) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(b) of the John S. McCain national defense authorization act for fiscal year 2019 (pub. l. 115-232) prohibits the head of an executive agency on or after august 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. this prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract. nothing in the prohibition shall be construed to—

(i) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) procedures. the offeror shall review the list of excluded parties in the system for award management (sam) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) representation. the offeror represents that—

(1) it □ will, □ will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. the offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the offeror responds “will” in paragraph (d)(1) of this section; and

(2) after conducting a reasonable inquiry, for purposes of this representation, the offeror represents that— it □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. the offeror shall provide the additional disclosure information required at paragraph

(e)(2) of this section if the offeror responds “does” in paragraph (d)(2) of this section.

(e) disclosures.

(1) disclosure for the representation in paragraph (d)(1) of this provision. if the offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the offeror shall provide the following information as part of the offer:

(i) for covered equipment— https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 10 of 20

(a) the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, cage code, and whether the entity was the original equipment manufacturer (oem) or a distributor, if known);

(b) a description of all covered telecommunications equipment offered (include brand; model number, such as oem number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(c) explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) for covered services—

(a) if the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as oem number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(b) if not associated with maintenance, the product service code (psc) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) disclosure for the representation in paragraph (d)(2) of this provision. if the offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the offeror shall provide the following information as part of the offer:

(i) for covered equipment—

(a) the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, cage code, and whether the entity was the oem or a distributor, if known);

(b) a description of all covered telecommunications equipment offered (include brand; model number, such as oem number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(c) explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) for covered services—

(a) if the service is related to item maintenance: a description of all covered telecommunications services offered (include on the item being maintained: brand; model number, such as oem number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(b) if not associated with maintenance, the psc of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.222-5 Construction Wage Rate Requirements – Secondary Site of The Work (May 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

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

Construction clause of this solicitation.

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

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

9.3%

6.9%

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

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its http://acquisition.gov/far/current/html/52_222.html#wp1147505

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 11 of 20 implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative

Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S.

Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the Cliffside Gas Field at the

Amarillo Plant located in Amarillo, TX.

52.225-10 Notice of Buy American Requirement – Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and

“foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—

Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy

American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.252-1 Solicitations Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://acquisition.gov/far/index.html.

http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 http://acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://acquisition.gov/far/index.html

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 12 of 20

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Clause Title Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements Jan 2017

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

52.204-19 Incorporation By Reference of Representations and Certifications Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities

July 2018

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items) Feb 2021

52.219-6 Notice of Total Small Business Set Aside Nov 2020

52.219-28 Post-Award Small Business Program Representation Nov 2020

52.222-3 Convict Labor Jun 2003

52.222-6 Construction Wage Requirements Aug 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records Aug 2018

52.222-9 Apprentices and Trainees Jul 2005

52.222-10 Compliance with Copeland Act Requirements Feb 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Act 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

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020

52.222-50 Combating Trafficking in Persons Oct 2020

52.222-54 Employment Eligibility Verification Oct 2015

52.222-55 Minimum Wages Under Executive Order 13658 Nov 2020

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Sep 2013

52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-15 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 Policy to Ban Text Messaging While Driving Jun 2020

52.223-21 Foams Jun 2016

52.225-13 Restrictions on Certain Foreign Purchases Feb 2021

52.228-2 Additional Bond Security Oct 1997

52.228-5 Insurance – Work on a Government Installation Jan 1997

52.228-11 Pledge of Assets Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit Nov 2014

52.228-15 Performance and Payment Bonds – Construction Jun 2020

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 13 of 20

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts Jan 2017

52.232-33 Payment by Electronic Funds Transfer – System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.233-1, Alt 1 Disputes May 2014

Dec 1991

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claims 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 1994

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

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-17 Layout of Work Apr 1984

52.236-21, Alt 1 Specifications and Drawings for Construction Feb 1997

Apr 1984 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 Nov. 2020

52.245-1 Government Property Jan 2017

52.245-9 Use and Charges Apr 2012

52.246-12 Inspection of Construction Aug 1996

52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements Aug 1996

52.246-21 Warranty of Construction Mar 1994

52.249-10, Alt I Default (Fixed-Price Construction) Apr 1984

DIAR 1452.201-70 Authorities and Delegations Sep 2011

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior Jul 1996

DIAR 1452.204-70 Release of Claims – Department of the Interior Jul 1996

DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the Interior Jul 1996

DIAR 1452.237-70 Information Collection – Department of the Interior Jul 1996

PROJECT DESCRIPTION: Cliffside Lab Roof – Helium Plant Page 14 of 20

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPEMENT (AUGUST 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video…