Sol_140P6221Q0025.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)

NPS, MWR - Missouri MABO

11 North 4th Street

St Louis MO 63102

PMM

neal_hause@nps.gov

Neal Hause 314-655-1609

108/11/2021

140P6221Q0025

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

A Firm Fixed Price contract is contemplated.

The estimated price range for this contract is between $25,000 and $100,000.

Completion Time: 87 Days includes allowable days for weather, final inspection, completion of all punch list items and all clean-up.

The offeror is reminded their proposals must be submitted in legible form. The method is to submit bids in an email to Neal Hause at neal_hause@nps.gov. There is a

25 MB maximum per email. Be sure the subject of the email does list the solicitation number 140P6221Q0025.

The project is located at Hot Springs National Park, 305 Gulpha Gorge Campground, Garland County, Arkansas

Site Visit Date: 19 August 2021 at 9:00 AM

Site Visit Location: There will be an onsite Site Visit. All CDC, DOI, NPS and Park guidance will be followed. Contact information and additional information is

Continued ...

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 87 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

09/02/2021

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

NPS, MWR - Missouri MABO 11 North 4th Street

St Louis MO 63102

PMM

Neal Hause

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 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P6221Q0025 contained in the FAR Clause 52.236-27, Site Visit.

Please enter your Unique Entity ID (DUNS):

METHOD AND INSTRUCTIONS FOR SUBMITTING OFFER:

This will be a Request For Quote acquisition, and quotes along with associated paperwork required by the government must be provided prior to the date and time of the Due Date. Refer to the provisions and clauses that reference sealed bidding process contained in the solicitation. By submitting a quote, the contractor agrees that they will follow the specifications provided and complete the work accordingly. Quote packages will be accepted via email to neal_hause@nps.gov.

Electronic submissions will be accepted via email to neal_hause@nps.gov.

QUESTIONS: All questions pertaining to this solicitation shall be submitted IN WRITING by e-mail to neal_hause@nps.gov. All questions must be submitted in writing and received Not Later

Than 3:30 PM CT, 24 August 2021.

FOB: Destination

Legacy Doc #: NPS

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

Sponsored by GSA

FAR (48 CFR) 53.110

140P6221Q0025 Replace HVAC Quarters #41 - HOSP Page 4 of 25

Contents A - Solicitation/Contract Form 52.252-2 – Clauses Incorporated by Reference (Feb 1998) B - Bid Schedule D – Packaging and Marking E - Inspection and Acceptance F – Deliveries and Performance G - Contract Administration Data:

H – Special Contract Requirements I - Clauses 52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUL2021) . 7 52.246-12 -- Inspection of Construction (Aug 1996) 52.211-10 -- Commencement, Prosecution, and Completion or Work (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.242-14 Suspension Of Work (Apr 1984) 1452.201-70 Authorities and Delegations (Sep 2011) Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) 52.219-28 Post-Award Small Business Program Representation (Nov 2020) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.223-10 Waste Reduction Program (May 2011) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.227-4 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) 52.228-11, Pledges of Assets (Aug 2018) (DEVIATION APR 2020) 52.228-12 Prospective Subcontractor Request for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 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) 52.236-2 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)

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52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 13 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) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.243-5 Changes and Changed Conditions 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (ALT I) (Apr 1984) .. 13 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

CLAUSES INCORPORATED BY FULL TEXT

1452.204-70 -- Release of Claims (Jul 1996) 1452.228-70 -- Liability Insurance—Department of the Interior (Jul 1996) 52.222-23 -- Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.225-10 -- Notice of Buy American Requirement—Construction Materials. (May 2014) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.225-9 -- Buy American–Construction Materials. Buy American–Construction Materials (Feb 2021) 52.252-6 Authorized Deviations in Clauses (Nov 2020) J - List of Documents and Attachments K - Representations and Certifications 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements - Representation (Jan 2017) 52.204-8 Annual Representations and Certifications. (Mar 2020) 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (Oct 2020) 52.209-11 – Representations by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.214-4 False Statements in Bids. (Apr 1984) 52.214-6 Explanation to Prospective Bidders. (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (Nov1999) 52.214-12 Preparation of Bids. (Apr 1984) 52.214-18 Preparation of Bids-Construction. (Apr 1984) 52.214-34 Submission of Offers in the English Language. (1991) 52.219-1 Small Business Program Representations (Nov 2020)

52.219 – 2 Equal Low Bids (Oct 1995) L - Instructions, Conditions, and Notices 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) Provisions Included In Full Text 52.211-3 -- Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (Jun 1988) 52.216-1 – Type of Contract (Apr 1984) 52.222-5 -- Construction Wage Rate Requirements—Secondary Site of the Work (May 2014) 52.233-2 Service of Protest Department of Interior (Sep 2006) (Deviation) 52.236-27 – Site Visit (Construction) (Feb 1995) 52.252-5 Authorized Deviations in Provisions (Nov 2020) 1452.215-71 -- Use and Disclosure of Proposal Information - Department of the Interior (Apr 1984) Solicitation Price Submission:

M - Evaluation Factors for Award

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A - Solicitation/Contract Form

52.252-2 – Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

B - Bid Schedule

Please submit all proposed cost on the price schedule below:

CLIN UNIT TOTAL

0010: HVAC Repalcement Quarters #41 LS $________________________

Please include the following price breakdown:

Labor: $_______________ Materials: $ _________________ Profit: $ _____________ Overhead: $ _________

The Work includes the removal of the existing HVAC system and then furnish and install a new, electric, two-ton with the highest available SEER rating for a Heat Pump System. A back-up/auxiliary 10kw electric heat strips will be installed to provide heat when temperatures drop below the heat pumps effective performance limitations

C - Specifications and drawings Are attached and incorporated herein, see “List of Documents and Attachments.”

D – Packaging and Marking Not Applicable

E - Inspection and Acceptance See the appropriate clauses and sections within the specifications for inspection and acceptance procedures.

F – Deliveries and Performance See the FAR Clauses and Specifications for performance requirements.

G - Contract Administration Data:

(a)The Contracting Officer/Contract Specialist administrating the Contract:

Neal Hause neal_hause@nps.gov Contracting Officer 314-655-1609 Missouri MABO 7400 Grant Rd.

St. Louis, MO 63123

(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

http://www.acquisition.gov/far/

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(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems.

Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(d) Any request for contract changes/modifications shall be submitted to the CO.

(e) The contractor and the Government may agree to perform a no-cost field change. Field changes are made when the change appears to be mutually beneficial to all parties and would not require changing the negotiated line items. An example of a field change is: rerouting planned location of a sidewalk to avoid a tree (when quantities are not changed). All field changes must be approved by the CO prior to execution.

(f) All correspondence concerning this contract, such as requests for information (RFI), explanation of terms, and contract interpretation, shall be submitted to the CO.

Final Payment.

Final payment will be made only after receipt of all payrolls to include subcontractors, SF 1413 Statement of Acknowledgement for each subcontractor, project schedule, updated progress reports, material submittals, test reports, as-built drawings, and release of claims. Contractor must provide a signed copy of the 'Release of Claims' to the Contract Administrator upon submittal of final invoice.

H – Special Contract Requirements Availability of Utility Services Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, No utilities will be available to the contractor.

Utility Conversation The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, utilities electricity, water and restroom facilities will be furnished by the Government and available to the contractor for use.

The contractor is responsible for all utilities to include providing portable restrooms.

Occupational Safety and Health Act (OSHA) Inspections The contractor shall be subject to inspections under the OSHA program by inspectors of the Department of Labor.

LEGAL HOLIDAYS

The following legal holidays are observed by the National Park Service:

See: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2021

Place of Performance:

Hot Springs National Park, 305 Gulpha Gorge Campground, Hot Springs, Arkansas.

Green Procurement To the extent that the construction services provided by the Contractor require provision of any of the types of products listed at https://sftool.gov/greenprocurement, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

I - Clauses 52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUL2021)

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

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2021 https://sftool.gov/greenprocurement

140P6221Q0025 Replace HVAC Quarters #41 - HOSP Page 8 of 25

(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 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(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 (FEB 2021) (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 (JUL 2021).

(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) 52.222-20, Contracts 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).

(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 (OCT 2020)(22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_1 https://www.acquisition.gov/far/part-52#FAR_52_232_8 https://www.acquisition.gov/far/part-52#FAR_52_232_11 https://www.acquisition.gov/far/part-52#FAR_52_232_25 https://www.acquisition.gov/far/part-52#FAR_52_232_39 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_244_6 https://www.acquisition.gov/far/part-52#FAR_52_253_1 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-4#FAR_4_1403 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_222_20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1408 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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 (NOV 2020) (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 (MAY 2020) (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).

(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 (JAN 2021) (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) 52.226-6, Promoting 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.

55305)(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).

https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_6 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_223_5 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-23#FAR_23_804 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-23#FAR_23_204 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-19#FAR_19_502_2 https://www.acquisition.gov/far/part-52#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-26#FAR_26_404 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.acquisition.gov/far/part-47#FAR_47_504 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.acquisition.gov/far/part-9#FAR_9_405_2 https://www.acquisition.gov/far/part-9#FAR_9_405_2 https://www.acquisition.gov/far/part-52#FAR_52_211_17 https://www.acquisition.gov/far/part-52#FAR_52_247_29

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

(d) Inspection/Acceptance. See FAR Clause 52.246-12 Inspection of Construction.

(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. See FAR Clause 52.249-10 Default (Fixed-Price Construction)

(f) Termination for the Government's convenience. See FAR Clause 52.249-2 Termination for Convenience of the Government.

(g) Termination for cause. See FAR Clause 52.249-10 Default (Fixed-Price Construction).

(h) Warranty. See FAR Clause 52.246-21 Warranty of Construction

(End of clause)

52.246-12 -- Inspection of Construction (Aug 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an https://www.acquisition.gov/far/part-52#FAR_52_247_34

140P6221Q0025 Replace HVAC Quarters #41 - HOSP Page 11 of 25 equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

52.211-10 -- Commencement, Prosecution, and Completion or 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 87 calendar days after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.236-15 Schedules for Construction Contracts (Apr 1984) 52.242-14 Suspension Of Work (Apr 1984)

1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR for this contract will be:

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

(End of Local Clause)

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Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 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:

1. None.

2. 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) Contract Clauses 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) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside. (Nov 2020) 52.219-28 Post-Award Small Business Program Representation (Nov 2020) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.223-2 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) 52.223-10 Waste Reduction Program (May 2011) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.227-4 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) 52.228-11, Pledges of Assets (Aug 2018) (DEVIATION APR 2020) https://www.ipp.gov/

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52.228-12 Prospective Subcontractor Request for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 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) 52.236-2 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) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.243-5 Changes and Changed Conditions 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (ALT I) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

CLAUSES INCORPORATED BY FULL TEXT

1452.204-70 -- Release of Claims (Jul 1996) Release of Claims—Department of the Interior After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI–137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

(End of clause)

1452.228-70 -- Liability Insurance—Department of the Interior (Jul 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$200,000.00 each person $500,000.00 each occurrence $1,000,000.00 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

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

(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 16.4% 6.9%

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Garland County, AR.

(End of Provision)

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

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.