Sol_140P8125Q0003.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0044003371

NPS, PWR - LAKE MABO

601 Nevada Way

Boulder City NV 89005-2426

PPL

bradley_metler@nps.gov

Bradley Metler

112/12/2024

140P8125Q0003

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

Title: Replace 8 inch Isolation Valve ¿ Lake Mead National Recreation Area

Disclosure of Magnitude: In accordance with FAR 36.204, the estimated magnitude of this requirement is less than $25,000

NAICS Code: 221310 Water Systems Maintenance.

This is a small business set aside.

The small business size standard is $41.0 million in average annual receipts.

Place of Performance: See Attachment B MAPS.

See Section L of the RFQ for quote instructions

11. The Contractor shall begin performance within

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.)

1 7 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

12/16/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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, PWR - LAKE MABO

601 Nevada Way

Boulder City NV 89005-2426

PPL

Bradley Metler

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

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

140P8125Q0003

This is currently an unfunded requirement with a high expectation that funds will be available.

When and if funds become available a contract will be awarded at that time.

Government intends to award a single Firm Fixed

Price Construction Contract, lump sum.

Delivery: 7 Days After Notice to Proceed

Delivery Location Code: 0011285198

NPS, Lake Mead NRA

101 Katzenbach Drive

Boulder City NV 89005 US

Period of Performance: 12/18/2024 to 01/01/2025

00010 KL EMERGENCY ISO VALVE REPLACEMENT

Product/Service Code: Z2NZ

Product/Service Description: REPAIR OR ALTERATION

OF OTHER UTILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

Request for Quotation 140P18125Q0003

Lake Mead NRA – Replace 8-inch Isolation Valve at Katherine Landing

This is a request for quotations for construction prepared in accordance with the format in the Federal Acquisition

Regulations (FAR) Part 13 and Part 36, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation issued as Request for Quotation (RFQ) 140P18125Q0003. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2025-01 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

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

County: Mohave

Type of Construction: Heavy (waterworks)

Magnitude:

Less than $25,000

NAICS:

221310

SIZE STD:

$41M

SET-ASIDE:

Total Small Business

National Park Service Contracting Officer (CO)

Name: Brad Metler

Email: Bradley_metler@nps.gov

This is currently an unfunded requirement with a high expectation that funds will be available.

When and if funds become available a contract will be awarded at that time.

Award Selection Process:

Award will be made in accordance with FAR Part 13 to the offeror that provides the best value to the government based on price, technical, and prior experience. 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 APPROACH: Provide a project narrative that demonstrates how the Prime Contractor will successfully meet the needs of the statement of work (limit to 1 pages, size 12 font). Narrative shall describe how the Prime contractor plans to directly superintend the work during the performance of the contract until the work is completed and accepted. The Superintendent shall demonstrate managing the project’s quality control, safety, and schedule in accordance with the statement of work. Additionally, if the Prime contractor designates a subcontractor to superintend onsite work, the narrative must clearly state that a subcontractor will be superintending onsite work and provide their name/company, must detail how the Prime contractor plans to manage the subcontractor’s adherence to FAR 52.236-6, must demonstrate the subcontractor has site superintendence experience, and must assert that the

Superintendent will be present every day that onsite work is being performed. Copying and pasting the language directly from the specifications without a comprehensive analysis may be evaluated less favorably.

3. KEY PERSONNEL: Please provide qualification of the Prime contractor’s onsite superintendent. Superintendent shall demonstrate experience managing the projects quality control, safety, and schedule in accordance with the statement of work. Superintendent shall demonstrate they have the authority to direct subcontractors on the behalf of the prime contractor and can make real time changes if there is a non-conformance issue.

If the prime contractor is subcontracting the onsite work, the technical approach shall demonstrate adherence to the SOW requirements for prime contractor’s onsite superintendent to manage the work directly at the Park location noted in the SOW. Please provide a copy of the contractor license of the Prime or Subcontractor. This is a pass/fail requirement and not an evaluation factor.

4. PRIOR EXPERIENCE: Include factual documentation or narrative demonstrating firm’s PRIME contractor relevant experience and subcontractor relevant experience in the specific disciplines (work types) they will be performing. Provide three (3) examples of the firm’s recent projects [within the past five years from the date of solicitation issuance] of similar size, complexity and scope. Quoter shall provide contact information (name, phone number, email) for each of the three (3) recent projects. Quoters are encouraged to emphasize their relevant experience to the scope of this requirement.

5. PAST PERFORMANCE: The references from the above 3 (three) recent projects will be queried regarding the degree to which the project was successfully performed.

Past performance information from other sources, including the Contractor Performance Assessment Reporting System (CPARS), may also be utilized in the determination of the past performance record. In addition to those references provided directly by the quoter, the

Contracting Officer may identify and analyze the past performance of the quoter on any other relevant contract which the Contracting

Officer has knowledge or obtains knowledge, including but not limited to projects listed in CPARS

The Government will evaluate these factors and price to determine the best value to the Government. Award will be made to the responsible offeror whose offer conforms to the solicitation requirements and provides the best value to the Government.

Best value allows the Government the flexibility to accept other than the lowest priced quote when the perceived benefits of a higher priced quote merit the additional cost. The Government still reserves the right to award to the lowest priced quote that conforms to the solicitation requirements.

GENERAL

(a) The National Park Service (NPS) is seeking quotations for construction services as attached in the accompanying statement of work.

The NPS intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13.

(b) To assure timely and equitable evaluation of quotations, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quotation. Respondents are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to quotation requirements, at the time of submission, may result in the quotation being unacceptable to the Government and eliminated from consideration for award.

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

(d) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer in writing (email is the preferred method) with supporting rationale prior to the closing of this RFQ.

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

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

(g) All interested parties shall be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

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

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

Contracting Specialist.

(j) All questions should be emailed directly to the Contracting Specialist. Only written RFI’s will be considered and responded to by the

Government. NPS responses to RFIs will be posted as an amendment to the solicitation.

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

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

6:00am and 5:30pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

The following Federal Legal Holidays are observed:

Federal Holidays:

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

President’s Day Memorial Day

Juneteenth National Independence Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas

PERIOD OF PERFORMANCE (Reference 52.211-10)

Notice to Proceed will only be issued upon receipt of acceptable bonding and insurance.

All onsite work is estimated to be performed: within 7 days of issuance of Notice to Proceed

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 is being deemed unacceptable.

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 to the contracting specialist by email to Bradley_metler@nps.gov

Offers shall submit the following information in its entirety:

a) Price schedule in accordance with statement of work. BELOW

b) Checklist for quote submittal:

● This page of the solicitation completed as the first page in the package ☐

● Signed acknowledgement of SF1442 ☐

● Signed amendments if applicable ☐

● Technical Approach (see “Award Selection Process “) ☐

● Key Personnel (see “Award Selection Process “) ☐

● Prior Experience (see “Award Selection Process “) ☐

● Technical Approach (see “Award Selection Process “) ☐

● A response to the following questions:

Judgments, Claims, and Lawsuits:

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

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)?

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

c) Contractor Core Data:

Offeror’s Name:__________________________________________________________________

Offeror’s Address:________________________________________________________________

Offeror’s Unique Entity Identifier (UEI):__________________________________________________________________

Offeror’s POC:___________________________________________________________________

Offeror’s Phone/Email:_____________________________________________________________

Solicitation #140P8125Q0003 Bradley_metler@nps.gov

CONTRACT CLAUSES SECTION:

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): ): https://www.acquisition.gov

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

52.219-28 Post-Award Small Business Program Representation FEB 2024

52.222-6 Construction Wage 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 Act

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts

Sep 2013

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts

Aug 2018

52.226-7 Drug-Free Workplace May 2024

52.226-8 Encouraging Contractor Policy to Ban Text Messaging While Driving May 2024

52.227-4 Patent Indemnity – Construction Contracts DEC 2007

52.232-5 Payments under Fixed-P rice 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 https://www.acquisition.gov/

52.236-12 Cleaning up Apr 1984

52.236-13 Accident Prevention Nov 1991

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-17 Layout of Work Apr 1984

52.236-26 Preconstruction Conference Feb 1995

52.242-14 Suspension of Work

Apr 1984

52.243-5 Changes and Changed Conditions Apr 1984

52.246-21 Warranty of Construction Mar 1994

52.249-10 Default (Fixed-Price Construction) Apr 1984

Clauses incorporated 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 1 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 7 days after issuance of 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 Acquisition (Other Than Commercial Products and

Commercial Services)

NOV 2024

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(iii) 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).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division

R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(vi) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1843370613 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(ix) 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).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

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

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108–77 and 108–78

(19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984). See 52.232-5.

(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) 52.233-1, Disputes (May2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (NOV 2024).

(viii) 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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(ii) 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).

(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126)

(Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049385 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049559 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049598 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050125 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050840 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048410 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045361 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 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/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055699 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(v) 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).

(vi) 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.)

(vii) 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).

(viii) 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).

(ix) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 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).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

(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, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the

U.S. Virgin Islands, Johnston Island, Wake Island, and the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xiii) 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)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1408 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#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/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056818 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053050 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094309 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational-safety-and-drug-free-workplace#i1094902

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

(xvi) 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).

(xvii) 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.

(xviii)(A) 52.225-1, Buy American-Supplies (OCT 2022) (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 2.101 on the date of award of this contract, and the acquisition-

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

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 65 percent of the cost of all its components.

(xix) 52.226-6, 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).

(xx) 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).

(xxi) 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).

(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (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 (NOV 2021) (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.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-19-small-business-programs#i1100762 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055065 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-26#FAR_26_404 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560 https://www.acquisition.gov/content/part-47-transportation#i1069858 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1669B0A0E67

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (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

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

___https://www.acquisition.gov/browse/index/far_____________________________________________________

(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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/far/part-9#FAR_9_405_2 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063119 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045849 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046022 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045305 https://www.acquisition.gov/browse/index/far 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)

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

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-

5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of clause)

52.225-9 Buy American Act - Construction Material OCT 2022

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal

Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

“Domestic construction material” means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

“Foreign construction material” means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products

(such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does…