Solicitation 1240LT23R0066 - Front Entry Door Replacement.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

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1098116

US FOREST SERVICE USDA

CONTRACT SERVICE REGION CSA

INTERMOUNTAIN 8

FEDERAL BUILDING

40LT

324 25TH STREET

OGDEN UT 84401-2310

8. ADDRESS OFFER TO

ELIZABETH RATCLIFF

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

1x 07/28/2023

1240LT23R0066

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

Project Title: Front Entry Office Doors (Aluminum)

This is a Request for Quote (RFQ). The government intends to award one task order to the overall lowest bid. The contractor shall quote all line items. The government reserves the right to award each line item individually if that represents the best value to the government. The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete, per their respective contracts.

Set Aside: Total Small Business Set-Aside (FAR 19.5).

Magnitude: Less than $25,000.

Location: 1501 South Main St, Tonopah, Nevada 89049

Period of Performance: August 28, 2023 to September 29, 2023 (estimate)

Site Visit: Self-Paced/No planned Government Escorted Visit

Continued ...

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.)

5 30 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

08/11/2023

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. 8/2014)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

U.S FOREST SERVICE (USDA)

ATTN: ELIZABETH RATCLIFF

ELIZABETH.RATCLIFF@USDA.GOV

N/A

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)

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

BY

2PAGE OF

US FOREST SERVICE USDA

CONTRACT SERVICE REGION CSA

INTERMOUNTAIN 8

FEDERAL BUILDING

40LT

324 25TH STREET

OGDEN UT 84401-2310

31a. NAME OF CONTRACTING OFFICER (Type or print)

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

copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 8/2014) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 45

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1240LT23R0066

0001 2 LS

1001 1 LS

Delivery: 08/28/2023

Period of Performance: 08/28/2023 to 09/28/2023

Door Replacement

Product/Service Code: Z2AA

Product/Service Description: REPAIR OR ALTERATION

OF OFFICE BUILDINGS

Delivery Location Code: 93D4

US FOREST SERVICE USDA

TONOPAH RANGER DISTRICT

1501 SOUTH MAIN STREET

TONOPAH NV 89049 US

Period of Performance: 08/16/2023 to 09/16/2023

Purchase and Installation of an "LCN Electromechanical 9530 Pull Side Door Opener" with Stainless Steel ADA Compliant Door Operator Button

(Option Line Item)

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENT

SECTION L - INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

0001 Door Replacement 2 LS

Purchase and Installation of an "LCN Electromechanical 9530 Pull Side Door Opener" with Stainless Steel ADA Compliant Door Operator Button

1 LS

B.2 SCHEDULE NOTES

A. Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

B. One award will be made from this solicitation, contractors must submit pricing information for all items.

B.3 DESIGNATED MEATHOD OF MEASUREMENT

LS Lump Sum

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project includes installation of two new aluminum storefront doors and frames for the front entrance into the Tonopah Ranger District Office in Tonopah, NV. This work will include selective demolition of the existing double doors and hardware. Work includes the proper disposal of noted items. The existing outer door frame is approximately 72" wide, 83 5/8' tall and 4" thick. It includes two 36" wide by 82" tall doors. The existing inner door frame is approximately 75 3/4" wide, 85 1/2" tall and 4" thick. It includes two 36" wide by 82" tall doors. The exact dimensions shall be verified by the contractor prior to install.

Both the outer and inner double doors shall be replaced with ABA compliant, 40¿ wide single doors with full height sidelights.

Storefront style frame and door shall be used and full sealed. It shall include a closer, panic bar on the inside and lever handle with pin pad and key access on the exterior. Door shall have full height glass. All glass shall be double pained and Low E coating. An eForce 150 Keyless Entry (Model 3090) electronic keypad or approved equal shall be installed on the outside entry door.

If option item is exercised, contractor shall provide and install a new accessible door opener and push button on the outside wall complete with electrical wiring. The contractor shall provide a wiring plan for approval.

Contractor will be a qualified installer for storefront doors. Doors will meet NFRC energy performance values, including a Thermal Transmittance of not more than 0.68 Btu/sq. ft. x h x deg F, a Solar Heat-Gain Coefficient of not more than 0.40, and Air Leakage of not more than 1.0 cfm/sq. ft. at a static-air-pressure differential of 1.57 lbf/sq. ft. Doors will come with a 2-year warranty for the frame, 5-year warranty for anodized finishes, 3-year warranty for hardware, and 10-year warranty for windows.

C.2 PROJECT LOCATION

The project is located at the Tonopah Ranger District Office of the Humboldt-Toiyabe National Forest, Nye County, Nevada. It is located at 1501 South Main Street, Tonopah, Nevada 89049. The office is located just to the South of town off US Hwy 95.

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Less than $25,000.

C.4 PERIOD OF PERFORMANCE

08/28/2023 to 09/28/2023

C.5 CONTRACT TIME

Base Bid: 30 Calendar Days

C.6 SITE VISIT

Bidders are encouraged to conduct a site visit prior to bidding to verify quantities and conditions.

Quantities provided in the Statement of Work are estimates and contractor shall be responsible for full scope of work regardless of actual quantities. Area is accessible without prior coordination, however, is likely to be snow-covered in winter months.

C.7 TECHNICAL SPECIFICATIONS

The following specifications are attached. Some sections in the schedule of items refer to other sections not listed and are subsidiary to, or are included in payment for other pay items in this contract. These items are considered incidental, and no additional compensation will be made.

SECTION 011250 - MEASUREMENT AND PAYMENT

SECTION 013300 - SUBMITTAL PROCEDURES

SECTION 017320 - SELECTIVE DEMOLITION

SECTION 017700 - CLOSEOUT PROCEDURE

SECTION 079200 - JOINT SEALANTS

SECTION 084113 - ALUMINUM-FRAMED ENTRANCES AND WINDOWS

SECTION 087100 - DOOR HARDWARE

SECTION 088000 - GLAZING

SECTION 260000 - COMMON WORK RESULTS FOR ELECTRICAL

SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

SECTION 260533 - CONDUITS FOR ELECTRICAL SYSTEMS

**Note: Sections 260000, 260519, and 260533 are only needed if the bid option item is exercised.

See attached specification descriptions/statement of work document for complete details.

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - PACKAGING AND MARKING

D.1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D.2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES

Clause Database Clause Number Clause Title Item List

FAR 52.246-12 Inspection of Construction. (AUG 1996)

FAR 52.246-13 Inspection - Dismantling, Demolition, or Removal of Improvements. (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES

Clause Database Clause Number Clause Title Item List

FAR 52.211-13 Time Extensions. (SEP 2000) FAR 52.211-18 Variation in Estimated Quantity. (APR 1984) FAR 52.236-15 Schedules for Construction Contracts. (APR 1984) FAR 52.242-14 Suspension of Work. (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 2 to 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 September 28, 2023. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

PERIOD OF PERFORMANCE

The base of the bid begins on the effective date of the Notice to Proceed (NTP) and runs to September 28, 2023. Estimated time of work is August 28, 2023 to September 28, 2023.

(End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 1-10 days after the date of contract award. The conference will be held at TBD.

(End of Clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Forman.

(b) During the first ten (10) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 10-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 5 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at:

Policies & Regulations | USDA

Clause Database Clause Number Clause Title Item List

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

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

FAR 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)

FAR 52.204-18 Commercial and Government Entity Code Maintenance.

(AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

FAR 52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (NOV 2021)

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015)

FAR 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)

FAR 52.219-28 Post-Award Small Business Program Rerepresentation.

(MAR 2023)

FAR 52.222-3 Convict Labor. (JUN 2003) FAR 52.222-6 Construction Wage Rate Requirements. (AUG 2018) FAR 52.222-8 Payrolls and Basic Records. (JUL 2021) FAR 52.222-9 Apprentices and Trainees. (JUL 2005) FAR 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards). (MAY 2014) FAR 52.222-12 Contract Termination - Debarment. (MAY 2014)

FAR 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) FAR 52.222-15 Certification of Eligibility. (MAY 2014) FAR 52.222-16 Approval of Wage Rates. (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

FAR 52.222-21 Prohibition of segregated facilities. (APR 2015) FAR 52.222-26 Equal Opportunity. (SEP 2016)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

FAR 52.222-50 Combating Trafficking in Persons. (NOV 2021) FAR 52.222-54 Employment Eligibility Verification. (MAY 2022)

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

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)

FAR 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

FAR 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) FAR 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.

(MAY 2014)

FAR 52.232-17 Interest. (MAY 2014) FAR 52.232-23 Assignment of Claims. (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

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

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

FAR 52.233-1 Disputes. (MAY 2014) FAR 52.233-3 Protest After Award. (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) FAR 52.236-2 Differing Site Conditions. (APR 1984)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work.

(APR 1984)

FAR 52.236-5 Material and Workmanship. (APR 1984) FAR 52.236-6 Superintendence by the Contractor. (APR 1984) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) FAR 52.236-8 Other Contracts. (APR 1984)

FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

FAR 52.236-12 Cleaning Up. (APR 1984) FAR 52.236-13 Accident Prevention. (NOV 1991) FAR 52.236-14 Availability and Use of Utility Services. (APR 1984) FAR 52.236-22 Design Within Funding Limitations. (APR 1984) FAR 52.242-13 Bankruptcy. (JUL 1995) FAR 52.243-4 Changes. (JUN 2007) FAR 52.244-2 Subcontracts. (JUN 2020) FAR 52.244-5 Competition in Subcontracting. (DEC 1996)

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JUN 2023)

FAR 52.245-1 Government Property. (SEP 2021) FAR 52.245-9 Use and Charges. (APR 2012) FAR 52.246-21 Warranty of Construction. (MAR 1994) FAR 52.248-3 Value Engineering - Construction. (OCT 2020)

FAR 52.249-2 Termination for Convenience of the Government (Fixed- Price). (APR 2012)

FAR 52.249-10 Default (Fixed-Price Construction). (APR 1984) FAR 52.253-1 Computer Generated Forms. (JAN 1991) FAR 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV

1996) FAR 452.236-72 Use of Premises. (NOV 1996) FAR 452.236-73 Archaeological or Historic Sites. (FEB 1988)

FAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

FAR 452.236-76 Samples and Certificates. (FEB 1988) FAR 452.236-77 Emergency Response. (NOV 1996)

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)

(a) Definitions. As used in this clause-

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)-

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

(a) Definitions. As used in this clause-

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of "recovered material."

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to identified after contract award..

(End of clause)

52.225-9 Buy American - Construction Materials. (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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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 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 not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components. (1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph

(d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity

Price (Dollars)*

Item 1:

Foreign Construction Material. ________ ________ ________

Domestic Construction Material. ________ ________ ________

Item 2:

Foreign Construction Material. ________ ________ ________

Domestic Construction Material. ________ ________ ________

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). List name, address, telephone number, and contact for suppliers surveyed.

Attach copy of response; if oral, attach summary. Include other applicable supporting information.

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond-

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained-

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause.

Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c) A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained-

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

(d) The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

(End of clause)

52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)

(a) Definitions. As used in this clause -

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED. The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED. The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee). (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee-

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of provision)

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): [Insert one or more Internet addresses]

(End of clause)

52.252-4 Alterations in Contract. (APR 1984)

Portions of this contract are altered as follows: N/A

(End of clause)

52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 ATTACHMENTS

Attachment Number Title Number of Pages

J.1 Statement of Work 54

J.2 Davis-Bacon Act WD # NV20230034 – Nye, Nevada 7

J.3 Contractor Experience Questionaire 2

J.4 Contractor Questions and Answers 2

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENT

K.1 PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.