Sol_140P1322Q0022.pdf
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- BITH HEADQUARTERS FLOORING REPLACEMENT Federal contract opportunity
- Solicitation number
- 140P1322Q0022
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| Sol_140P1322Q0022_Amd_0002.pdf | ||
| Sol_140P1322Q0022_Amd_0001.pdf |
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140P1322Q0022
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
05/20/2022 0040578703
1 37
1100 Old Santa Fe Trail Building P.O. Box 728 Santa Fe NM 87505
NPS, IMR - Santa Fe MABO 11/30/2022
NPS, Big Thicket NP
6044 FM 420
Kountze
TX 77625
505 469-0618Ana Zapata
06/10/2022 1500 CD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
This is a combined synopsis / solicitation for:
Big Thicket NP Headquarters Floor Replacement
The National Park Service contemplates award of a firm fixed price contract.
Legacy Doc #: NPS Period of Performance: 06/20/2022 to 11/30/2022
00010 Big Thicket Headquarters Floor Replacement Product/Service Code: Z2AZ Product/Service Description: REPAIR OR ALTERATION
OF OTHER ADMINISTRATIVE FACILITIES AND SERVICE
BUILDINGS
Delivery: 11/30/2022 Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 37
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140P1322Q0022
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Solicitation #140P1322Q0022
Point of Contact: Ana Zapata, ana_zapata@nps.gov
505-469-0618
GENERAL INFORMATION:
This is a COMBINED SYNOPSIS / SOLICITATION for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The National Park Service contemplates award of a firm fixed price contract as a result of this combined synopsis/solicitation to the vendor. This announcement constitutes the only solicitation issued as
Request for Quotation (RFQ) 140P1322Q0022. A WRITTEN SOLICITATION WILL NOT BE ISSUED. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC)
2022-06 and are available in full text through Internet access at http:// www.acquisition.gov/far/.
Point of Contact:
National Park Service Contracting Specialist
Name: Ana Zapata
Email: ana_zapata@nps.gov
Phone: 505-469-0618
The acquisition is in support of Big Thicket National Park.
This is a 100% Total Small Business Set Aside. The North American Industry Classification System
(NAICS) code is 238330. The small business size standard is $16.5 mil.
mailto:ana_zapata@nps.gov
Award Selection Process:
Per FAR Part 13.106-2(b) evaluation will be conducting by comparative evaluation of offerors. This solicitation is not stating nor required to state the relative importance assigned to each evaluation factor and/or sub factor
(FAR 13.106-1(a)(2)).
1. Price.
2. Technical: Technical is the factual documentation of the firm’s ability to meet the specifications. See qualifications in statement of work. Provide resume and certifications demonstrating qualifications.
3. Prior experiences: Prior experience is the factual documentation or narrative of a firm’s experience, qualifications, and capability, along with providing three examples of their firm’s most recent projects within the past five years of similar size and scope.
INSTRUCTIONS TO OFFERORS:
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 the respondent’s quote not being considered for award.
All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.
The offerors shall submit a quote with all volumes to the Contract Specialist by Friday , June 10, 2022 at 3:00 pm
Central Daylight Time via email to ana_zapata@nps.gov.
Offers shall submit the following information in its entirety:
a) Checklist for quote submittal:
• This page of the solicitation completed as the first page in the package ☐
• Signed acknowledgement of SF 18 ☐
• Signed amendments if applicable ☐
• Completed Provisions (including 52.204-24, 52.204-26, and others as applicable) ☐
• Three prior experiences of projects in similar size, scope and complexity, include:
o Brief description of project o Point of contact information ☐
b) Price Schedule:
Item Number Description Price
10 Headquarters Floor Replacement $
c) Contractor Core Data:
Offerors Name:____________________________________________________________________________
Offerors Address:__________________________________________________________________________
Offerors DUNS:___________________________________________________________________________
Offerors POC:_____________________________________________________________________________
Offerors Phone/Email:________________________________________________________________.-_____
1 | P a g e
Floor Replacement - Statement of Work
Big Thicket National Preserve
A. LOCATION: Big Thicket National Preserve, Headquarters building 6044 FM 420, Kountze, TX
77625.
B. ACRONIMS: NPS (National Park Service), BITH (Big Thicket National Preserve), CO (Contracting
Officer), COTR/COR (Contracting Officer’s Technical Representative), OSHA (Occupational Safety and
Health Administration), SOW (Statement/Scope of Work), HQ ( Headquarters Building), VCT (Vinyl
Composition Tile), LVT (Luxury Vinyl Tile) CST (central Standard Time).
C. DESCRIPTION: This project consists of floor removal, cleaning, installation of moisture barrier/sealant and replacement of flooring, HQ building at Big Thicket NP. The surface area in square footage is approximately 12,000 sq. ft. of commercial VCT tile to be replaced. Proposed bids to include VCT or
LVT, however, either application will require provision of a moisture barrier prior to installation of new flooring. The park’s interest would be to improve the efficacy of the flooring and prefers upgrading to
LVT. The building will be occupied during the performance period. All measurements are approximate and “should” be verified by field inspection by the perspective bidders at the pre bid site visit offered.
D. PERFORMANCE PERIOD: On site work hours are 7:00 AM to 4:00 PM Monday thru Friday CST, not including holidays.
E. PRE-BID VISIT: BITH will schedule a pre-proposal site visit. This is an opportunity for contractors to view the job site, confirm measurements and ask questions about the scope of work, specifications, and any requirements of the contract.
F. DIMENSIONS: It is the responsibility of the contractor to verify all square footage, measurements, and dimensions prior to a bid being placed. Again, the pre-bid visit would be the ideal time to accomplish these and ask any questions concerning the scope of work.
G. GOVERNMENT FURNISHED ITEMS: The contractor will supply all materials, tools and equipment needed for this project. Water and restrooms are available at the HQ building, also 120/240 VAC power is available throughout the building.
H. CONTRACT WARRANTY: Provide Contractor’s Written Warranty against defective flooring system for a period of 1 (one) year from the date of project completion. Warranty must cover all costs related to repair or replacement of “defective” system or poor workmanship that may lead to premature system failure. Defective materials shall be protected by the manufacturer’s warranty. Provide written manufacturer’s warranty policy for this project.
2 | P a g e
I. FURNITURE, OFFICE, AND APPLIANCE MOVING: BITH day laborers will be responsible for moving and replacement of all office furniture, equipment, cabinets, and any personal items to accomplish project work. BITH and the Contractor will coordinate the schedule of moves since the building will still be occupied to perform daily work during the period of performance.
J. DEMOLITION: The contractor is responsible for containing, hauling and proper disposal or recycling of all debris associated with removal and installation for this contract project. Work site will be free of all debris and cleaned prior to any items being place back into each area.
K. REQUIREMENTS: This installation and application of materials by contractor will be in accordance with all manufacture specifications and requirements.
L. QUALIFICATIONS: Installer (sub-contractors, if used) shall be experienced in the installation of commercial VCT and/or LVT tile, glue, leveling materials and finishing applications.
M. INSPECTIONS: BITH will conduct regular inspections throughout the project performance period, as well as a final walk-through inspection. Inspections may include jobsite safety, cleanliness, and technical compliance. The following scheduled inspections will be coordinated by the COR/COTR and on-site
Supervisor. After all removal and Prep-work is completed; After installation of various areas; After final cleanup.
N. MATERIALS: As previously stated, all materials will be installed according to manufactures specifications and requirements. Either tile (preferably LVT) will be of commercial grade, all adhesives must comply with the manufacture’s recommendations for product use. Color and style to be determined by BITH/NPS. For VCT, the minimum size tile will be 12 x 12 and maximum will be
18 x 18.
O. WORK RESTRICTIONS:
1. Supervisor: The contractor is required to have a designated on-site supervisor who has the authority to represent the contractor and make decisions to effectively manage the work of this contract at all times during the project performance period. If the supervisor is away from the site for any reason a second supervisor must be designated by the contractor. No work will occur without an on-site supervisor. The contractor’s on-site supervisor must be able to communicate in English with the COR/COTR.
2. Work Plan: The contractor must submit a work plan with firm dates, and approved in advance so that BITH can accommodate the occupants during the project performance period. No on-site work will be allowed on federal holidays or between the hours of 4:30 PM thru 7:00 AM
(CST), unless approved by the CO and noted in the contract. If work is approved, it requires the on-site supervisor to be present at all times as stated above. Once work has commenced it will proceed until completed.
Work plans and job execution must be in place prior to work commencing so as to minimize occupant disturbance as much as possible.
3. Cleanup: A minimum of daily cleanup is required to keep work site safe and neat. Waste materials will be deposited daily into a contractor supplied container outside of the building.
3 | P a g e
P. CONTRACTOR’ USE OF PREMISES:
1. Contractor shall, at all times, conduct his operations top ensure the least inconvenience to the building occupants, and public as possible.
2. BITH and the NPS are not responsible for loss or damage to supplies, tools, materials that are stored on site during project performance period. Storage will be discussed at the pre-bid site visit.
3. Parking, loading, and unloading shall be discussed at the pre-construction meeting. Any policy or regulations that would apply are the responsibility of the contractor and crews to follow.
4. Water, restrooms, and electrical are available on site.
Q. SAFETY: The contractor will be responsible for the overall safety of this project while on government property. It is the responsibility of the contractor to understand and comply with all OSHA regulations, industry standards and any other law or regulations (federal, state, and local) for this project. The contractor is responsible for providing all proper safety protective equipment; that all on-site workers have been trained and are physically capable pf performing their assigned duties in a safe manner.
1. Safety Plan: The contractor shall submit a project specific safety plan, shall identify:
a.) any hazards associated with each major phase of work b.) the method(s) proposed to ensure property protection, public safety, and safety to NPS personnel, contractor workers and any visitors. The safety plan, including all requirements, must be made available at the pre-construction meeting for review and approval by BITH Safety Manager.
2. Required information in addition to the safety plan, and to be included in the safety plan are the following: Company Name and address with working phone contact numbers(s);
Company emergency contact information; On-site supervisor(s) name, address and contact telephone number; NPS CO name, address, and phone, COR/COTR name, address, and phone number. Local emergency contact number is 911.
3. Do not allow employees to work if their ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other condition that may expose them or others to injury.
4. Reportable Accidents: A reportable accident is defined as death, occupational disease, traumatic injury to an employee or the public, property damage by accident in excess of $100.00, and fires. Supervisor must notify the CO, and COR/CORT immediately in the event of a reportable accident. Within (7) seven days of a reportable accident, contractor must fill out and forward to the CO a written notice of the accident.
5. All Other Accidents: The contractor shall report all other accidents to the CO or COR/COTR as soon as possible, and assist the CO and any other official, as required, in the full investigation of the accident.
6. Emergencies: Plan for possible emergency situations, such as fire, power outages, and weather-related situations. Such planning shall take into consideration the nature of construction, site conditions, and degree of exposure to persons and property.
7. Hazardous Materials: Train and instruct each employee exposed to hazardous materials in the safe and approved methods of handling and storage. Hazardous materials are defined as explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful substances that could cause death or injury.
"General Decision Number: TX20220252 03/11/2022
Superseded General Decision Number: TX20210252
State: Texas
Construction Type: Building
County: Hardin County in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. |
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date 0 01/07/2022 1 01/21/2022
2 02/18/2022 3 02/25/2022 4 03/11/2022
* ASBE0022-009 06/01/2021
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Duct, Pipe and Mechanical System Insulation)....$ 25.14 15.15
BOIL0074-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 29.47 24.10
BRTX0005-006 06/01/2020
Rates Fringes
BRICKLAYER.......................$ 24.58 8.53
ELEC0479-005 12/27/2021
Rates Fringes
ELECTRICIAN......................$ 30.55 13.16
ENGI0450-002 04/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
Cranes......................$ 34.85 9.85
IRON0084-011 06/01/2021
Rates Fringes
IRONWORKER, ORNAMENTAL...........$ 26.01 7.56
IRON0135-002 09/01/2021
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 34.10 13.94
PLUM0068-001 10/01/2021
Rates Fringes
PLUMBER..........................$ 32.81 11.63
PLUM0211-009 10/01/2021
Rates Fringes
PIPEFITTER.......................$ 37.03 12.56
SHEE0054-007 04/01/2020
Rates Fringes
SHEET METAL WORKER (Excludes HVAC Duct Installation)..........$ 28.69 14.13
* SUTX2014-028 07/21/2014
Rates Fringes
CARPENTER, Excludes Form Work....$ 18.57 3.09
CEMENT MASON/CONCRETE FINISHER...$ 13.44 ** 0.00
FORM WORKER......................$ 13.69 ** 0.00
IRONWORKER, REINFORCING..........$ 12.95 ** 0.00
LABORER: Common or General......$ 12.15 ** 0.00
LABORER: Mason Tender - Brick...$ 12.87 ** 0.00
LABORER: Mason Tender - Cement/Concrete..................$ 10.50 ** 0.00
LABORER: Pipelayer..............$ 13.47 ** 0.00
LABORER: Roof Tearoff...........$ 11.28 ** 0.00
LABORER: Landscape and Irrigation.......................$ 11.04 ** 0.36
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 19.74 0.00
OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 ** 0.00
OPERATOR: Bulldozer.............$ 19.85 0.07
OPERATOR: Drill.................$ 16.22 0.34
OPERATOR: Forklift..............$ 17.69 0.00
OPERATOR: Grader/Blade..........$ 13.37 ** 0.00
OPERATOR: Loader................$ 13.55 ** 0.94
OPERATOR: Mechanic..............$ 17.52 3.33
OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00
OPERATOR: Roller................$ 16.00 0.00
PAINTER (Brush, Roller, and Spray)...........................$ 16.75 4.51
ROOFER...........................$ 15.40 0.00
SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 26.89 10.38
TILE FINISHER....................$ 12.00 ** 0.00
TILE SETTER......................$ 16.17 0.00
TRUCK DRIVER: Dump Truck........$ 12.39 ** 1.18
TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57
TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 ** 0.00
TRUCK DRIVER: Water Truck.......$ 12.00 ** 4.11
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
Clauses Section
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/
52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial
Services
NOV 2021
52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021
52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984
52.245-1 Government Property SEP 2021
52.245-9 Use and Charges APR 2012
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 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)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
FAR 52.252-2 Clauses Incorporated by Reference FEB 1998
FAR 52.252-6 Authorized Deviation in Clauses NOV 2020
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders – Commercial Products and Commercial Services
MAY 2022
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☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (NOV 2021)
(41 U.S.C. 4704 and 10 U.S.C. 2402).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).
☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)
(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282)
(31 U.S.C. 6101 note).
☐ (5) [Reserved].
☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
☐ (10) [Reserved].
☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.657a).
☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (13) [Reserved]
☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
☐ (ii) Alternate I (Mar 2020).
☐ (iii) Alternate II (Nov 2011).
☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (iii) Alternate II (Mar 2004) of 52.219-7.
☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (Nov 2016) of 52.219-9.
☐ (iii) Alternate II (Nov 2016) of 52.219-9.
☐ (iv) Alternate III (Jun 2020) of 52.219-9.
☐ (v) Alternate IV (SEP 2021) of 52.219-9
☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
☐ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).
☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small
Business Concerns (SEP 2021) (15 U.S.C. 637(m)).
☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible
Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).
☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
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☐ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
☒ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).
☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (July 2014) of 52.222-35.
☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
☐ (ii) Alternate I (July 2014) of 52.222-36.
☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
☒ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
☐ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products and commercial services as prescribed in FAR 22.1803.)
☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)
(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)
(E.O. 13693).
☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☒ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-
286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
☐ (ii) Alternate I (JAN 2021) of 52.225-3.
☐ (iii) Alternate II (JAN 2021) of 52.225-3.
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☐ (iv) Alternate III (JAN 2021) of 52.225-3.
☐ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021)
(41 U.S.C.4505, 10 U.S.C.2307(f)).
☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).
☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and
10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary wage – Fringe Benefits
☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and
Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-
Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648…
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