Sol_140L6220Q0077.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040495333

BLM WY-STATE OFC BUS MGMT BR(WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009

LYA

BLM- WYOMING STATE OFFICE

5353 YELLOWSTONE ROAD

CHEYENNE,WY 82009

Crystal Martinez (307) 775-6336

107/31/2020

140L6220Q0077

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

HAY SHELTER

100% SMALL BUSINESS SET-ASIDE

NAICS: 237990

STANDARD SIZE: $39.50

MAGNITUDE: BETWEEN $100,000 AND $250,000

A. Description of Work: Furnish all labor, equipment, supplies, and materials to design, supply, and construct a hay storage building to match the existing Butler

Building with dimensions 100-feet x 70-feet as shown on the ROCK SPRINGS WILD HORSE

FACILITY HORSE HOLDING FACILITY HAY SHELTER 2020 Drawings.

B. Delivery Location: The building shall be built at the Bureau of Land Management¿s

Rock Springs Wild Horse Holding Facility, Rock Springs, WY. The facility is located off Lionkol road as shown on the drawings.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

08/14/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

BLM WY STATE OFC BUS MGMT (WY951)

5353 YELLOWSTONE RD.

CHEYENNE WY 82009

LYA

Crystal Martinez

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140L6220Q0077

HAY SHELTER

CO: CRYSTAL MARTINEZ, 307-775-6336

Legacy Doc #: BLM

Delivery Location Code: 0004276819

RS WILD HORSE & BURRO FACILITY

LIONKOL ROAD

ROCK SPRINGS WY 82901 US

Period of Performance: 08/17/2020 to 09/30/2020

00010 HAY SHELTER

Product/Service Code: Y1GB

Product/Service Description: CONSTRUCTION OF FOOD

OR GRAIN STORAGE BUILDINGS

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

Sponsored by GSA

FAR (48 CFR) 53.110

140L6220Q0077

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

County: Sweetwater County, WY

Type of Construction: Other Heavy and Civil Engineering Construction

Magnitude:

Between $100,000 and $250,000

NAICS:

237990

SIZE STD:

$39.50MM

SET-ASIDE: 100% Small Business

Bureau of Land Management

Technical Representative Contracting Officer (CO)

Name: Crystal Martinez

Email: crystalm@blm.gov

Questions Due: August 12, 2020 at 2:00 PM MST, questions submitted after this date will not be accepted.

ALL QUESTIONS MUST BE SUBMITTED IN WRITING BY EMAIL TO crystalm@blm.gov. NO

QUESTIONS WILL BE ACCEPTED VIA PHONE CALLS

Quote Submittal Information: Response Due Date is August 14, 2020 2:00 P.M Mountain Daylight Time

Award Selection Process:

Lowest Price Technically Acceptable (LPTA)

140L6220Q0070

SPECIAL CONTRACT REQUIRMENTS

WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 4:00pm, 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.

COMMUNICATIONS

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain Standard Time.

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.

FEDERAL HOLIDAYS

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

QUOTATION SUBMITTAL

Respondents are to submit quotes to the following email addresses: Crystal Martinez / crystalm@blm.gov

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 proposal 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.

(2) Sign Standard Form (SF) 1442, Solicitation, Offer, and Award, [Construction, Alteration, or Repair]. Please insert total price quoted within block 17. An official having the authority to contractually bind the Offeror's company must sign the SF 1442 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102. (i.e. Blocks 14, 17, 19, 20a-20c)

(3) Bid Schedule

BASIS FOR CONTRACT AWARD

(a) This acquisition is a Total Small Business set-aside under the North American Industry Classification System (NAICS) Code 237990, All Other Specialty Trade Contractors with a small business size standard of $39.50 million. An offeror determined to be other than a Small Business will be deemed ineligible for award.

(b) This acquisition will utilize a lowest priced technically acceptable procedures to make a best value award. The Government will select the best value 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 proposals received. Award will be made to the responsible contractor whose proposal conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation.

LPTA EVALUATION PROCESS

The LPTA evaluation process will be accomplished as follows:

(a) Technical Acceptability. Each offeror’s technical proposal will be evaluated to determine if the Offeror provides a sound, compliant approach that meets the requirements of the detailed specifications provided in this solicitation and demonstrates a thorough knowledge and understanding of those requirements. An evaluation rating of Technically Acceptable/Unacceptable will be assigned upon completion of the technical proposal evaluations. If an offeror receives a technical rating of “Unacceptable” for any subfactor, they will not be considered for contract award.

(b) Past Performance Evaluation.

(1) Past performance evaluation results in an assessment of the Government’s confidence in the Offeror’s ability to fulfill the solicitation requirements. The overall confidence assessment will be based upon the recent, relevancy, and quality evaluation of all references reviewed. The past performance evaluation considers each offeror's demonstrated record of performance in meeting users' needs. The performance confidence assessment is rated after evaluating aspects of the offeror's recent past performance, focusing on quality of performance that is relevant to this requirement. If an Offeror receives a past performance rating of “No Confidence”, they will not be considered for contract award.

(2) Sources of Past Performance Information for Evaluation. Past performance information will be provided by the offeror. The Government shall also obtain past performance information from the Past Performance Information Retrieval System (PPIRS). Additionally, offerors are advised the Government will use data provided by sources other than the offeror to evaluate past performance. This information may be obtained from questionnaires from interviews with project managers, CO’s, and other sources known to or found by the Government. The Government may also use information from previous source selections or contractor capability assessments if the information is recent and relevant.

(3) Definitions.

(i) Recent: Recent is defined as a project completed or significantly completed within 3 years from the issuance date of this solicitation.

(ii) Relevant: Past performance effort involving much of the same magnitude of effort and complexities this solicitation requires. Effort and complexities is defined by the scope, tasks and requirement’s specifications. Therefore, projects will be considered not relevant if the past performance effort did not involve any of the magnitude of effort and complexities required by this solicitation. Projects including similar task associated with the requirements of this solicitation as determined by the scope of work and specifications building type, size, magnitude (cost), complexity and scope, and/or contained similar features, functions, components, systems, and/or project(s) was for a federal, state, or local municipality. The magnitude is defined in Block 10 of the SF 1442.

(c) Price Evaluation. Price must be determined fair, reasonable, affordable and balanced will be evaluated in accordance with, Price, below.

FACTOR 1, TECHNICAL APPROACH/CAPABILITIES

(a) Subfactor 1: Proposal provided an acceptable construction plan, indicating a thorough understanding of the work required as well as a sound and reasonable approach to complete all project elements.

The construction plan successfully illustrated the capability of the offeror to manage all project elements to include suppliers, subcontractors and employees.

(b) Subfactor 2: Key Personnel possess relevant skills, credentials and certifications to perform the work required in managing projects/contracts of similar size and complexity, including site work and building construction, in the capacity for which they are proposed for this project. Offeror successfully identified who will fulfill the roles of project manager, site superintendent, quality control manager, and safety manager to include resume substantiation.

FACTOR 2, Past Performance

(a) Past performance projects deemed not relevant will be rejected and not be considered. Projects deemed not recent (greater than three years) will be disregarded. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience or subcontracts that will perform major or critical aspects of the proposed agreement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts. Offerors receiving a rating of No Confidence will not be considered for award.

(b) Evaluation of past performance also includes:

(1) Feedback provided by reference(s) contacted including quality of work performed (material and workmanship), correction of deficiencies, completeness of submittals, O&M, “as-builts”, payroll, schedules, etc., met customer expectations and in compliance with construction documents.

(2) Feedback provided by reference(s) contacted including performance; resolution of delays, identification and correction of work, meeting progress schedules, submission of schedules, completion of punch list items, submission of submittals including documents and as-builts. All the foregoing completed in a timely manner. Warranty issues should have been addressed promptly.

(3) Experience with firm fixed priced contracts and cost control.

(c) In consideration of an Offeror’s total past performance information, one of the following ratings will be assigned:

d) Offerors receiving a final rating of “No Confidence” will not be considered for award.

FACTOR 3, PRICE

(a) Reasonableness. Techniques and procedures described under FAR 15.404-1(b), Price Analysis, will be the primary means of assessing proposal reasonableness. The evaluation techniques described under FAR 15.404-1(c) through (g), as determined appropriate, may also be performed in further determining the reasonableness of the proposal. For a price to be reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through cost and price analysis techniques as described in FAR 15.404, Proposal Analysis. For additional information, see FAR 31.201-3, Determining Reasonableness.

(b) Unbalanced Pricing. All offers priced line items shall be analyzed to determine if prices are unbalanced. An offer may be rejected if it is determined that the lack of balance poses an unacceptable risk to the Government.

(c) Affordability: An affordability assessment will consider if the proposed price is within the Government’s funding profile.

PART 1-THE SCHEDULE

SPECIFICATIONS, STANDARDS AND DRAWINGS

A. Description of Work: Furnish all labor, equipment, supplies, and materials to design, supply, and construct a hay storage building to match the existing Butler Building with dimensions 100-feet x 70-feet as shown on the ROCK SPRINGS WILD HORSE FACILITY HORSE HOLDING FACILITY HAY SHELTER 2020 Drawings.

B. Delivery Location: The building shall be built at the Bureau of Land Management’s Rock Springs Wild Horse Holding Facility, Rock Springs, WY. The facility is located off Lionkol road as shown on the drawings.

All work shall be performed under a single contract.

INSPECTION AND ACCEPTANCE TERMS

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction Deliveries or Performance AUG 1996

52.242-14 Suspension of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements & Internet Payment Platform (IPP) (August 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Copy of Original Invoice, Certification or Progress Payments Under Fixed-Price Construction Contracts and/or DI-137 Release of Claims

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity May 2014

52.204-7 System for Award Management Oct 2018 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment Jun 2020

52.215-2 Audit and Records--Negotiation Jun 2020 52.215-8 Order of Precedence--Uniform Contract Format Oct 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications Jun 2020 52.215-13 Subcontractor Cost or Pricing Data--Modifications Jun 2020 52.222-3 Convict Labor Jun 2003 52.222-6 Davis Bacon Act 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 Davis-Bacon 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 Jul 2014 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic

Enterprises Jun 2000

52.227-1 Authorization and Consent Jun 2020 52.227-4 Patent Indemnity-Construction Contracts Dec 2007 52.228-2 Additional Bond Security Oct 1997 52.228-5 Insurance - Work On A Government Installation Jan 1997 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 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

52.233-1 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 52.236-14 Availability and Use of Utility Services Apr 1984 52.236-15 Schedules for Construction Contracts Apr 1984 52.236-17 Layout of Work Apr 1984 52.236-21 Specifications and Drawings for Construction Feb 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb 97) - Alternate I Apr 1984 52.236-26 Preconstruction Conference Feb 1995 52.243-4 Changes Jun 2007 52.243-5 Changes and Changed Conditions Apr 1984 52.244-6 Subcontracts for Commercial Items Jun 2020 52.246-21 Warranty of Construction Mar 1994 52.249-1 Termination for Convenience of the Government (Fixed-Price) Apr 1984 52.249-10 Default (Fixed-Price Construction) Apr 1984 52.253-1 Computer Generated Forms Jan 1991 1452.203-70 Restrictions on Endorsement-Department of Interior Jul 1996 1452.204-70 Release of Claims-Department of Interior Jul 1996

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after acknowledgement of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 -- TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUN

2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52222-3-convict-labor#i1055332

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C.3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017) .

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

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JUN 2020).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

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

L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52225-13-restrictions-certain-foreign-purchases#i1054249 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52232-1-payments#i1049385 https://www.acquisition.gov/content/52232-8-discounts-prompt-payment#i1049559 https://www.acquisition.gov/content/52232-11-extras#i1049598 https://www.acquisition.gov/content/52232-25-prompt-payment#i1050125 https://www.acquisition.gov/content/52232-39-unenforceability-unauthorized-obligations#i1050840 https://www.acquisition.gov/content/52232-40-providing-accelerated-payments-small-business-subcontractors#i1050853 https://www.acquisition.gov/content/52233-1-disputes#i1048610 https://www.acquisition.gov/content/52244-6-subcontracts-commercial-items#i1048410 https://www.acquisition.gov/content/52253-1-computer-generated-forms#i1045361 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/41403-contract-clause#i1121777 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/2101-definitions#i1125359 https://www.acquisition.gov/content/52222-20-contracts-materials-supplies-articles-and-equipment-exceeding-15000#i1055699 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/22602-statutory-requirements#i1097467 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/221303-applicability#id1617MD05061

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C.793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222- 6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/221408-contract-clause#i1095976 https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/221303-applicability#id1617MD05061 https://www.acquisition.gov/content/52222-41-service-contract-labor-standards#i52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-55-minimum-wages-under-executive-order-13658#i1056818 https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_6 https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_6 https://www.acquisition.gov/content/52222-41-service-contract-labor-standards#i52_222_41 https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_62 https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_6 https://www.acquisition.gov/content/52222-41-service-contract-labor-standards#i52_222_41 https://www.acquisition.gov/content/52223-5-pollution-prevention-and-right-know-information#i1053050 https://www.acquisition.gov/content/52223-11-ozone-depleting-substances-and-high-global-warming-potential-hydrofluorocarbons#i1053180 https://www.acquisition.gov/content/23804-contract-provision-and-clauses#i1094309 https://www.acquisition.gov/content/52223-12-maintenance-service-repair-or-disposal-refrigeration-equipment-and-air-conditioners#i1053196 https://www.acquisition.gov/content/52223-15-energy-efficiency-energy-consuming-products#i1053246 https://www.acquisition.gov/content/23204-procurement-exemptions#i1094902

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405- 2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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 https://www.acquisition.gov/content/52223-20-aerosols#i52_223_20 https://www.acquisition.gov/content/52223-21-foams#id1668D08086F https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/2101-definitions#i1125359 https://www.acquisition.gov/content/19502-2-total-small-business-set-asides#i1100762 https://www.acquisition.gov/content/52226-6-promoting-excess-food-donation-nonprofit-organizations#i1055065 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/26404-contract-clause#i1090493 https://www.acquisition.gov/content/52232-33-payment-electronic-funds-transfer-system-award-management#i1050674 https://www.acquisition.gov/content/52232-34-payment-electronic-funds-transfer-other-system-award-management#i1050705 https://www.acquisition.gov/content/52247-64-preference-privately-owned-us-flag-commercial-vessels#i1046560 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/47504-exceptions#i1069858 https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems#id1669B0A0E67 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 https://www.acquisition.gov/content/9405-2-restrictions-subcontracting#i1115270 https://www.acquisition.gov/content/9405-2-restrictions-subcontracting#i1115270 https://www.acquisition.gov/content/52211-17-delivery-excess-quantities#i1063119 https://www.acquisition.gov/content/52247-29-fob-origin#i1045849 https://www.acquisition.gov/content/52247-34-fob-destination#i1046022 https://www.acquisition.gov/content/52252-2-clauses-incorporated-reference#i1045305

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

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 age Rate Requirements, of this solicitation.

http://acquisition.gov/far/current/html/52_222.html#wp1147505

(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.

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.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (February 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

7.5% 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 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 –

• Name, address, and telephone number of the subcontractor;

• Employer's identification number…