Solicitation 127EAX22Q0058.pdf

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GAOA - Cerro Pelado & Tesuque Peak Generator/Battery Back-up Project
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SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1051736

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

MICHAEL CARICO 602-225-5330

109/12/2022

127EAX22Q0058

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

CERRO PELADO AND TESUQUE PEAK GENERATOR / POWER SYSTEMS - SANTA FE NATIONAL FOREST

MAGNITUDE OF THIS PROJECT IS BETWEEN $100,000 AND $250,000

THIS ACQUISITION IS A TOTAL SMALL BUSINESS SET-ASIDE

NAICS CODE: 238990

DAVIS-BACON WAGES APPLY - SEE ATTACHED WAGE DETERMINATION

DUE DATE FOR SUBMISSION OF QUOTES: OCT 12, 2022 AT 08:00 MST QUOTES SHOULD BE

SUBMITTED ELECTRONICALLY TO: michael.carico@usda.gov

VENDORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (WWW.SAM.GOV) TO

BE ELIGIBLE FOR AWARD OF A FEDERAL CONTRACT (NOTE: REGISTRATION IS FREE ON THIS

GOVERNMENT SITE)

BONDS ARE REQUIRED IN ACCORDANCE WITH BLOCK 12

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 365 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR 52.211-10

10/12/2022

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

USDA-FS CSA SOUTHWEST 7

333 BROADWAY BLVD SE

ALBUQUERQUE NM 87102-3498

7EAX

MICHAEL E. CARICO

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

127EAX22Q0058

Delivery: 360 Days After Notice to Proceed

Delivery Location Code: 8379

USDA FOREST SERVICE

SANTA FE INTERAGENCY FIRE CTR

11 FOREST LANE

SANTA FE NM 87508 US

Cerro Pelado Project Funding

0001 Cerro Pelado Generator / Power System

Tesuque Peak Project Funding

0002 Tesuque Peak Generator / Power System

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 127EAX22Q0058 Page 4 of 45 Cerro Pelado & Tesuque Peak Generator Santa Fe NF

B – SECTION B – Supplies or Services and Prices/Costs Schedule of Items 5

C – SECTION C – Description/Specifications/Statement of Work 5

D – SECTION D – Packaging and Marking 14

E – SECTION E – Inspection and Acceptance 14

F – SECTION F – Deliveries or Performance 15

G – SECTION G – Contract Administration Data 16

H – SECTION H – Special Contract Requirements 16

I – SECTION I – Contract Clauses 16

J – SECTION J – List of Documents, Exhibits, and Other Attachments 33

K – SECTION K – Representations, Certifications, and Other Statements of Offerors

L- SECTION L - Instructions, Conditions, and Notices to Offerors or Respondent 36

M – SECTION M – Evaluation Factors for Award 45

Solicitation No. 127EAX22Q0058 Page 5 of 45

B - SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Cerro Pelado & Tesuque Peak

Permanent Stand-by Generators

B.1 – SCHEDULE OF BASE ITEMS

SEE ATTACHMENT 1

C - SECTION C - Description/specifications/Statement of Work

C.1 – GENERAL DESCRIPTION OF WORK

STATEMENT OF WORK

Cerro Pelado and Tesuque Peak Permanent Stand-by Generator and Battery Back-up

Installation Project

SANTA FE NATIONAL FOREST

Jemez Ranger District

Espanola Ranger District

REVISED AUGUST 1, 2022

By: Albert Martinez

Solicitation No. 127EAX22Q0058 Page 6 of 45

Table of Contents

1.0 SCOPE OF WORK

2.0 DESCRIPTION OF WORK ............................................................................................................... 3-7

3.0 PERIOD OF PERFORMANCE

4.0 PROJECT LOCATIONS.................................................................................................................... 8-9

5.0 SPECIFICATIONS

6.0 SUBMITALLS

Solicitation No. 127EAX22Q0058 Page 7 of 45

1.0 SCOPE OF WORK

The Santa Fe National Forest is seeking a Contractor to furnish and install one

(1) permanent Stand-by Generator at the Cerro Pelado Radio Site and one (1) permanent Stand-by Generator at the Tesuque Radio Site. The Electric Utility Company that provides permanent electricity to these sites has distribution problems throughout the course of the year and the sites experience electrical outages throughout the year. The Stand-by Generator at the Cerro Pelado Radio Site shall be interconnected to the Radio Site Electrical and new Battery Back-up System per the description below. The Stand-by Generator at the Tesuque Peak shall be interconnected to the Radio Site Electrical and existing Battery Back-up System. The Contractor shall furnish all materials, equipment, and labor to provide fully functioning Electrical Generator Back-up Systems.

2.0 DESCRIPTION OF WORK

The work consists of the following at each Radio Site:

A. Concrete Pads for Propane Tanks and Generators 2.A.1 The Contractor shall prepare, excavate, compact, place proper base, and bedding material and install concrete pads at each site for the Propane Tanks and Generators Cabinets. The concrete pad shall conform to FP-14 Section 601, Table 601-1, having a minimum 28-day compressive strength of 3,000 pounds per square inch (psi). The base material shall conform to FP-14 Section 703.05 and meet any gradation designation B through E, generally a uniformly graded compactable aggregate which shall be placed at a minimum of 6 inches compacted (vibratory) thickness. A thin layer (1 -2 inches) of sand, conforming to FP-14 Section 703.01 shall be placed uncompacted as bedding material on top of the compacted base material.

2.A.2 The Contractor shall coordinate with the Propane manufacturer for Concrete Pad dimensions.

2.A.3 The Contractor shall coordinate with the Emergency Generator Cabinet manufacturer for Concrete Pad dimensions.

2.A.4 The Contractor is responsible for utility locates prior to any excavation work. Damages and repairs to any utilities shall be the responsibility of the General Contractor. The General Contractor may have to hire a Private Locate Company to locate Utilities beyond the Utility Company Responsibilities, i.e., after an Electric Meter where the Electric Line has been installed by the Forest Service or other Private or State or other Federal Agency.

Solicitation No. 127EAX22Q0058 Page 8 of 45

B. Propane Tanks 2.B.1 The Contractor shall furnish and install a 1,000-gallon

Propane Tank at each Radio Site. Anchor to concrete with corrosion resistant concrete anchor type fitted bolt or stud bolt with washer. Bollards shall be installed to protect the propane tank from vehicular traffic.

2.B.2 The Contractor shall use Propane rated PolyEthylene (PE) line for buried Propane Piping, Code-Approved Gas Risers, Piping, Gas Regulators, and Fittings. The piping shall be installed and pressure tested according to the International Building Code (IBC) requirements. The Piping shall be sized and pressurized in accordance with the Generator manufacturer recommendations.

2.B.3 The Contractor shall fill the Propane Tanks upon completion of the project and prior to final acceptance.

C. Generator Cabinets

2.C.1 UL Rated SW-5778 Generator Cabinet equipped with interior lighting.

2.C.2 Color of the Generator Cabinet to be approved by COR prior to ordering.

2.C.3 Air Conditioning will not be required.

2.C.4 Anchor to concrete pad with corrosion resistant concrete anchor type fitted bolt or per manufacturer’s recommendation.

D. Generators

2.D.1 The Contractor shall furnish and install a Propane Generator capable of providing 100-Amperage Service at each site.

2.D.2 The Contractor shall furnish and install a Generator Remote Monitoring System at each site to Remotely Monitor the Generator Start times, Run Times, etc.

2.D.3 The Generators shall be 120/240 Volt, Single Phase 2.D.4 The Contractor shall Rate the Generators as follows:

2.D.4.1 Cerro Pelado at 10,000 feet above sea level 2.D.4.2 Tesuque Peak at 12,000 feet above sea level

Solicitation No. 127EAX22Q0058 Page 9 of 45

E. Electrical Systems 2.E.1 The Contractor shall replace the Electrical Service Conduit and Wiring from the Electric Meter to the existing Radio Site 100-Amperage Electric Service Panel.

2.E.2 The Contractor shall provide an AC Surge Suppressor at each site per the Generator Sizing Recommendations.

2.E.3 The Contractor shall provide an Automatic Transfer Switch per Generator Sizing Recommendations.

2.E.4 The Contractor shall obtain Electrical Permits pertaining to the Electrical Work in this project. It shall be the responsibility of the Contractor to apply for and complete all necessary permits i.e., NM Environmental Department (NMED) Air Quality Bureau, State of New Mexico Electrical Permits, etc.

F. Replacement of the Battery System at Cerro Pelado Only

2.F.1 The Contractor shall notify the COR to schedule all work prior to working on any Electrical Systems. The Santa Fe National Forest Electronics Technician will be available for appropriate powering on and off site Electrical and Powering-Down of Battery Back-up Inverter.

2.F.2 The Contractor shall remove the existing Battery System and provide a new Battery System at Cerro Pelado. The Battery Systems Subcontractor and shall include the furnishing, staging, installation, integrating, testing, and commissioning of MS Endure II VRLA batteries sized, battery rack, battery cabling, capturing of initial battery readings using an Alber Cellcorder, and replacement of existing rack mount inverter.

Installation shall be in accordance with all manufacturer recommendations, guidelines, and specifications.

Part Description Qty Unit E2346024CE01 C&D MS Endur AT-23P Battery System 1 EA 1725-48-120-60-U Wilmore 1kVA Inverter 48vDC input 120VAC output 1 EA

2.F.3 The Contractor shall perform the following:

2.F.3.1 Remove existing DC power supply, 19” rack, battery racks, DC power cabling 2.F.3.2 Disconnect NSB batteries, remove batteries, remove existing battery interconnect system and rack

Solicitation No. 127EAX22Q0058 Page 10 of 45

2.F.3.3 Install battery rack mounting plate onto concrete floor for C&D AT-39/AT-23 VRLA batteries

2.F.3.4 Install C&D AT-39/AT-23 VRLA batteries, battery rack and cabling up to 40 feet

2.F.3.5 Use an Alber-Cellcorder to capture initial battery readings and provide graphical and tabular data report as a submittal

2.F.3.6 Remove existing rack mount inverter, install Wilmore 1kVA Inverter with 48vDC input and 120vAC output

2.F.3.7 Install 200 ampere rectifier (CPS 6000) with rack mount

2.F.3.8 Complete assembly, wiring, and distribution of DC power for radio power (reconfigure/add equipment as necessary)

2.F.3.9 Complete optimization and functional and operational testing of system and components, data report shall be included in final submittal

2.F.3.10 Battery and power supply equipment removal shall be disposed of properly in accordance with all applicable regulations including EPA and State of New Mexico regulations.

2.F.3.11 Furnish and install the mounting platform, the new battery rack, batteries, interconnect, power cabling, inverter and power supply in approximately the same location as the present systems. All necessary cabling and grounding kits shall be installed and/or brought up to current code. The existing rack, batteries, power supply and cabling shall not be reused.

G. Battery Quality of Service Provisioning 2.G.1 Label all equipment racks 2.G.2 Label all factory installed cables 2.G.3 Provide an on-site training session

2.G.3.1 The training session shall be scheduled with the COR

H. Battery and Power System Analysis and Pre-Installation Testing

2.H.1 Complete installation testing to include mounting hardware, batteries and power systems i.e., power

Solicitation No. 127EAX22Q0058 Page 11 of 45 distribution, cabling and operation. Battery and power systems shall be commissioned and tested in accordance with manufacturer recommendations and specifications. Provide a 48-hour notice to the COR and Electronics Technician to be present.

2.H.2 Document voltage and amperage readings and test results as a part of the as-built documentation.

2.H.3 Perform pre-installation operational tests of the current radio systems and infrastructures and shall document functional operational test results for each radio system and central and remote console device planned for integration.

2.H.4 Notify the COR of any pre-installation or pre-existing conditions exist and document them and define any additional work necessary to be completed prior to removing any existing batteries, wiring, racks, hardware, etc.

2.H.5 Conduct power system control level checks, and functional tests of all radio systems prior to and after project start to verify successful operation.

I. Post Installation Documentation

2.I.1 Provide as-built documentation. All upgraded site specific and system specific battery configurations completed during installation shall be documented and delivered upon completion of the project as a part of the contractor “As Built Documentation”. This information shall include diagrams and configurations of newly installed and configured equipment for the equipment deployed. Additionally, the contractor shall provide naming conventions, product model numbers, part numbers, serial numbers, and technical specifications as a part of the deliverables.

2.I.2 Provide all equipment installation and service manuals for all equipment and technologies deployed.

J. System Acceptance Testing 2.J.1 Provide information regarding the verification tests run on the installed system and document the results of those tests. Submit a findings and recommendations

Solicitation No. 127EAX22Q0058 Page 12 of 45 document detailing any concerns for the configuration and/or any recommendations for design/upgrade.

Systems testing shall consist of the following: verify the battery levels present, appropriate, and record of the configuration. Perform tests after installation on new system to check power supply and battery strength does meet manufacturer specifications. If test for new system does not meet or exceed parameters, contractor shall go back through the configuration installation and run a setup check/ reconfiguration, redress/realign, and recheck again for errors for System Acceptance test to Pass.

K. Interconnection of Battery Systems to the Emergency Generator

Electrical System at Cerro Pelado and Tesuque Peak

2.K.1 Coordinate with the COR to schedule all work prior to working on any Electrical Systems. The Santa Fe National Forest Electronics Technician will be available for appropriate powering on and off site Electrical and Powering-Down of Battery Back-up Inverter.

3.0 PERIOD OF PERFORMANCE

All work shall be completed within three-hundred sixty-five (365) calendar days from award of contract and receipt of the Notice-to-Proceed (NTP) from the Contracting Officer (CO).

A. Project Schedule 3.A.1 The Contractor shall submit all submittals listed in Section 8.0 upon award and receipt of NTP.

3.A.2 The Generators, Generator Cabinets, Master Distribution

Panels, Electrical Panels, Battery Systems, Remote Monitoring Systems, and all other equipment and materials shall be ordered as soon as the Submittals are approved.

3.A.3 The General Contractor shall coordinate with the COR for accessibility to the Radio Sites prior to delivery of the Generator, Generator Cabinets, Propane Tanks, and all other Materials, Supplies, and Equipment as soon as the weather allows in 2023.

Solicitation No. 127EAX22Q0058 Page 13 of 45

4.0 PROJECT LOCATIONS

Both the Cerro Pelado Radio Site and Tesuque Peak Radio Site are located on the Santa Fe National Forest. Directions to the two (2) Radio Sites are as follows:

Cerro Pelado Radio Site The Cerro Pelado Radio Site is located at the Cerro Pelado Lookout Tower Site within the Jemez Ranger District of the Santa Fe National Forest, in Sandoval County, New Mexico. From Albuquerque, NM, take I-25 North to US-550. Turn left on US-550 to NM-4. Turn right on NM-4 to NFSR 10. Follow NFSR 10 to NFSR 270. Turn left on NFSR 270 to Cerro Pelado Lookout. Specifically located at the end of NFSR 270, approximately 6.0 miles from the NFSR 270. Latitude is N 37° 47.0464´ and the longitude is W 106° 32.9656´. Elevation at the site is 10,100 feet.

See attached Site Map, Vicinity Map, and Project Location Map.

Tesuque Peak Radio Site

The Tesuque Peak Radio Site is located at the Tesuque Peak Electronic Site within the Espanola Ranger District of the Santa Fe National Forest, in Santa Fe County, New Mexico. From Albuquerque, NM, travel North on I-25 to St. Francis Drive in Santa Fe, NM. Take St. Francis Drive North to Paseo de Peralta. Turn right on Paseo de Peralta to SR 22 (Bishops Lodge Rd). Turn left on SR 22 to SR 475 (Artist Rd.) Turn right on SR 475 to Aspen Vista Picnic Site. Turn right at the Aspen Vista Picnic Site onto NFSR 150. There is a gate at the entrance to NFSR 150 with a combination lock. Specifically located at the end of NFSR 150, approximately 6.0 miles from the Aspen Vista Picnic Site. Legal description is: T18N, R11E, S16. Latitude is N 36° 47.1140´ and the longitude is W 105° 46.9396´. The elevation at the site is 12,030 feet. See attached Site Map, Vicinity Map, and Project Location Map.

All vehicles and equipment entering the project area shall be clean of noxious weeds, free from oil leaks, and are subject to inspection; at least a 48-hour notice must be provided to the COR before mobilization onto Forest Service land.

The Contractor shall provide sanitary facilities for the duration of the Contract.

No fuel storage on site is permitted. Propane delivery trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.

Solicitation No. 127EAX22Q0058 Page 14 of 45

5.0 SPECIFICATIONS

Section 16231 — PACKAGED ENGINE GENERATOR Section 16403 — BATTERY SPECIFICATIONS Section 16404 — CERRO PELADO BATTERY SYSTEM Section 16406 — CERRO PELADO BATTERY CONNECTION

DIAGRAM

Section 16408 — BATTERY SYSTEM INVERTER SPECIFICATION Section 16409 — BATTERY WARRANTY Section 262416 — PANELBOARD SPECIFICATION Section 264313 — SURGE PROTECTION Section 01770 — CLOSEOUT PROCEDURES

6.0 SUBMITTALS

1.A.1.1 Generators 1.A.1.2 Generator Cabinets 1.A.1.3 Battery System 1.A.1.4 Electrical Diagrams 1.A.1.5 Generator Cabinet Available Colors 1.A.1.6 Operation and Maintenance (O&M) Manuals 1.A.1.7 Project Work Schedule 1.A.1.8 Allow the COR Fourteen (14) Days to Review Submittals

End Statement of Work

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 Statements of Work/Specifications. (FEB 1988)

D - SECTION D - Packaging and Marking

E - SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (AUG 1996)

Solicitation No. 127EAX22Q0058 Page 15 of 45

52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements

(AUG 1996)

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 https://www.acquisition.gov/agar

F - SECTION F - Deliveries or Performance

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 360 calendar days. The time stated for completion shall include final cleanup of the premises.

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):

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 5 days (Mon through Fri).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Solicitation No. 127EAX22Q0058 Page 16 of 45

G - SECTION G - Contract Administration Data

H - SECTION H - Special Contract Requirements

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information.

The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [Insert other pertinent information].

I - SECTION I - Contract Clauses

52.202-1 Definitions. (JUN 2020)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

(MAY 2011)

52.204-7 System for Award Management. (OCT 2018)

(a) Definitions. As used in this provision-

Solicitation No. 127EAX22Q0058 Page 17 of 45

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in

SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

Solicitation No. 127EAX22Q0058 Page 18 of 45

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

Solicitation No. 127EAX22Q0058 Page 19 of 45

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (JUN 2020)

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.

Solicitation No. 127EAX22Q0058 Page 20 of 45

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

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.219-9 Small Business Subcontracting Plan. (JUN 2020)

52.219-14 Limitations on Subcontracting. (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F);

and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

Solicitation No. 127EAX22Q0058 Page 21 of 45

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause-

(Contracting Officer check as appropriate.)

[ ] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ X] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation.

(MAY 2018)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

52.222-6 Construction Wage Rate Requirements. (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (AUG 2018)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction.

(APR 2015)

Solicitation No. 127EAX22Q0058 Page 22 of 45

52.222-35 Equal Opportunity for Veterans. (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation

(FAR)22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-37 Employment Reports on Veterans. (JUN 2020) https://www.acquisition.gov/far/part-22#FAR_22_1301 https://www.acquisition.gov/far/part-22#FAR_22_1303 https://www.acquisition.gov/far/part-22#FAR_22_1408

Solicitation No. 127EAX22Q0058 Page 23 of 45

52.222-50 Combating Trafficking in Persons (OCT 2020)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

Solicitation No. 127EAX22Q0058 Page 24 of 45

52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020)

52.225-9 Buy American - Construction Materials. (FEB 2021)

(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 item (as defined in paragraph (1) of the definition 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.

Domestic construction material means-

Solicitation No. 127EAX22Q0058 Page 25 of 45

(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 55 percent of the cost of all its components. 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, Solicitation No. 127EAX22Q0058 Page 26 of 45 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 item 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. 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;

(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

Solicitation No. 127EAX22Q0058 Page 27 of 45 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.

Solicitation No. 127EAX22Q0058 Page 28 of 45

(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.

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