Solicitation Attachments (140G0120Q0129).pdf

INSTRUCTION TO CONTRACTORS

Disclosure of Magnitude in accordance with FAR 36.204: Between $25,000 and $100,000

SITE VISIT DETAILS:

Date: Wednesday, April 29, 2020 Time: 10:00 AM Central Time Location: U.S. Geological Survey, EROS Center, 47914 252nd Street, Sioux Falls, SD 57198 Meet at: EROS Visitors Parking

All entering MUST be US Citizens and have a valid Government-issued identification to enter the EROS property. Please arrive at the site visit at the prescribed time only.

Site visit procedures:

1. The meeting segment of the site visit will be conducted via teleconference. Contractors shall park in the Visitor’s Parking and call into the teleconference from their vehicles. Contractors will not be allowed to enter the building.

a. Teleconference phone number is (703) 648-4848

b. Teleconference toll-free phone number is *855) 547-8255

c. Security code is 372848#

2. Upon completion of the meeting segment, the on-site Contracting Officer’s Representative (COR) will conduct the physical observation segment of the site visit. The on-site COR will provide vehicle escort so that Contractors can observe site conditions and take measurements. The on-site COR will observe and restrict access to the project scope.

3. Contractors shall respect social distancing from other contractors while taking measurements outside of vehicles.

4. Contractors shall make note of any questions while physically reviewing the site and submit them to the Contract Specialist via email within 24 hours after the site visit.

All contractors interested in attending the site visit shall send a confirmation email to Vicky Williams, vwilliams@usgs.gov at least 24 hours prior to the site visit. Contractors who fail to send the confirmation email may be denied access to the site.

The Site Visit confirmation email shall include:

- Company Name

- Number and Names of Attendees

- Completed Security Document (see Attachment B)

- Copy of Business License

*Prime contractor is responsible for ensuring necessary subcontractors are present during the site visit. *

QUESTIONS:

All questions related to this solicitation shall be submitted via email to vwilliams@usgs.gov no later

ATTACHMENT A Page 1 of 38 mailto:vwilliams@usgs.gov than 10:00 AM Central Time, Friday, May 8, 2020.

*Please select one representative from your company to submit all questions regarding the RFQ*

QUOTATIONS:

A discounted firm-fixed priced quotation and technical quotation package shall be submitted by 10:00 AM Central Time, Friday, May 15, 2020.

Quotations shall be submitted via email to vwilliams@usgs.gov. Faxed or mailed quotations will not be accepted.

Contractor shall supply the USGS with a thorough quotation packages demonstrating how they meet all requirements within the Statement of Work (SOW) and evaluation criteria.

Quotation packages shall be thorough enough to allow the USGS to perform a proper evaluation in accordance with the evaluation criteria below.

The following information must be included with quotations. Failure to submit this information may deem your quotations non-responsive and your quotations may not be considered.

1) Summary breakdown of all firm-fixed price costs associated with the services requested in the SOW

a. Materials

b. Labor (estimated number of labor hours for each labor classification in accordance with Construction Wage Rate Requirements (formerly Davis Bacon Act)

c. Sub-Contract Costs

e. Payment Protection Costs (if any)

f. Any other miscellaneous expenses

2) Contractor’s approach to the work described in this solicitation and Statement of Work (SOW), including estimated timeline

3) Product specifications for materials to be used during construction

4) Warranty (One year construction warranty)

5) Three (3) References:

a) Government or Commercial

b) Job(s) performed must include the same type of work as described in the SOW and performed within the past two (2) years.

c) Brief description of work, company/agency name, contact name, address, telephone number and email address

6) Federal Tax ID Number (TIN)

7) Business Size Classification

8) Dun & Bradstreet (DUNS) Number

Attachment C, General wage decision number SD20200001 dated 01/03/2020, is hereby incorporated into this Request for Quotation (RFQ) and will be incorporated into the resulting purchase order. The wage rates and fringe benefits in the wage decision are mandatory minimums that must be paid by the

ATTACHMENT A Page 2 of 38 contractor (or subcontractor) to any employee performing on-site labor under the purchase order resulting from this solicitation.

The Contractor will be required to submit weekly certified payroll reports in accordance with FAR 52.222-6, Construction Wage Rate Requirements. The prime contractor is responsible for the submission of certified payrolls by all subcontractors. The certified payroll reports may be submitted on Department of Labor Form WH-347 or equivalent form.

Basis for Award: The award resulting from this solicitation will be based on lowest price technically acceptable (LPTA) quote. The following factors will be evaluated, listed in no particular order of importance:

• Submittal of a Technically Responsive quote based on the requested information listed in the Statement of Work and Instructions to Contractors: The Contractor shall submit a thorough technical quotation package which will allow the USGS to perform a proper evaluation. The quotation must include the Contractor’s complete proposed approach to the work stated in the SOW. Failure to address items listed within the Statement of Work or Instructions to Contractors may deem your quotation not technically acceptable.

• Specifications of the proposed materials:

The Contractor shall provide the specifications of the materials to be used for construction. The Contractor shall include sufficient evidence that quoted work and materials meet all requirements stated in the SOW.

• Warranty period: The Contractor shall provide a minimum one-year warranty of construction.

• Past Performance: The Contractor shall provide at least three (3) past performance references (government or commercial) for the same type of work as described in the SOW, and performed within the past two (2) years. At a minimum, the following shall be submitted for each reference: description of project/work, company/agency work was performed for, point of contact, address, telephone number and email address.

Price Evaluation: Contractors shall submit a discounted open market firm-fixed price quote for the following:

1) Asphalt Paving and Crack Sealing

In accordance with FAR subpart 28.1, Bonds and other financial protections, payment protection will be required if the value of the contract is greater than $35,000. The price for bonds (if applicable) shall be included in the Contractor’s firm-fixed price.

(End of Instructions)

ATTACHMENT A Page 3 of 38

STATEMENT OF WORK

Asphalt Paving and Asphalt Crack Sealing

1.0. General:

1.1. Introduction. The Department of Interior (DOI), U. S. Geological Survey (USGS), Earth Resources Observation and Science (EROS) Center, Sioux Falls, South Dakota is seeking construction services for asphalt concrete paving, crack repair, and sealing at the Mundt Federal Building located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198.

1.2. Background. The roadway and parking lots at EROS were repaved with asphalt concrete the summer of 2018. This project will address the need for asphalt concrete paving, crack repair, and sealing. Asphalt concrete paving is needed around the 5-meter dome and 10-meter dome as the existing asphalt has separated away from the exterior wall of the domes which allows water to enter through dome foundation. Asphalt concrete crack repair and sealing is needed to protect the life cycle of the new asphalt concrete.

1.3. Scope. The Contractor shall provide all labor, materials, tools, and equipment necessary to perform asphalt concrete paving, crack repair and sealing at the EROS Data Center in accordance with this Statement of Work (SOW). The Contractor shall perform all work in accordance with all applicable Federal, State, and local codes and industry standards.

1.4. Period of Performance. Contract duration shall be 30 days after Notice to Proceed. Desired completion date is by June 12, 2020.

1.5. Times of Work. Normal duty hours are Monday through Friday, 7:00am to 6:00 pm central time, excluding Federal Holidays. Work on Saturdays may be allowed with the approval of the Contracting Officer’s Representative (COR).

1.6. Pre-Construction Meeting. After contract award, and prior to start of construction, the Contractor shall participate in an onsite pre-construction meeting scheduled by the Contracting Specialist. The meeting participants will include Contractor Representatives and Government Representatives.

1.7. Progress Meetings. During performance of the work, the Contractor shall participate in progress meetings scheduled at agreed upon periods and times to discuss progress and any issues pertaining to the performance of the work. The Contractor shall take minutes of all conferences and meetings with and shall provide a copy of minutes to the Contract Specialist (CS) and COR for concurrence and signature.

1.8. Progress Inspections. During performance of the work, the COR will perform on-site progress inspections to determine if the Contractor is making reasonable progress towards completion and to ensure the Contractor is performing work in accordance with the technical requirements as outlined in this SOW. These inspections may occur at any time during the course of the contract, at the discretion of the COR.

ATTACHMENT A Page 4 of 38

1.9. Inspections and Final Acceptance. Final inspection and acceptance of the work shall be performed by the COR, with the Contractor present, upon completion of job performance.

2.0. Acronyms

CO Contracting Officer CS Contract Specialist COR Contracting Officer’s Representative DOI Department of the Interior EROS Earth Resources Observation and Science FAR Federal Acquisition Regulation OSHA Occupational Safety and Health Administration USGS U.S. Geological Survey

3.0. Facility Access and Use

3.1. Facility Access.

3.1.1. Prior to commencement of work, the Contractor shall comply with the security clearance requirements in this contract for all management officials, supervisors, employees, and subcontractors (hereinafter referred to as contractor personnel) who will be working on the site or periodically visiting the site.

3.1.2. For those contractor personnel who are granted a clearance, USGS will provide the contractor with the necessary building passes or entrance onto the EROS Data Center.

3.1.3. The contractor and COR or his/her designee shall sign each pass issued for the contract. The contractor shall maintain a listing of all passes issued on this contract.

3.1.4. The contractor personnel shall provide a photo ID for the issuance of a pass.

3.1.5. The contractor shall notify the COR when any passes are lost and shall pay $5.00 per replacement pass.

3.1.6. The contractor shall ensure that their personnel understand the proper use of the building passes and the following requirements are met at all times.

3.1.7. The contactor personnel shall each have a building pass before they begin work.

3.1.7.1. The contractor personnel shall carry their passes with them while performing on site and shall show them upon request. The COR or other security personnel will periodically verify passes of the employees with their personnel identification.

3.1.7.2. Building passes are issued to a specific individual and shall not be used by anyone other than that individual. If one of the contractor personnel uses the pass of another, both shall be removed.

ATTACHMENT A Page 5 of 38

3.1.7.3. The government reserves the right to require the contractor personnel to “sign-in” and “sign-out” upon entry and exit from the site for safety and security reasons.

3.2. Contractor Use of Building Facilities. Government toilet facilities are not available for Contractor use. The Contractor shall provide portable toilet(s) near the job site for their employees’ use.

Contractor employees will not be permitted to enter any building.

3.3. Contractor Use of Utilities. The Government will provide water needed to perform the work at no cost to the Contractor. The Contractor shall use reasonable conservation practices and use Government-provided utilities in the minimum amounts necessary to complete the work.

3.4. Utility Outages. The Contractor shall determine the need for an outage of any utility system in order to perform the required work. The Contractor shall notify COR whenever work requires shutdown of utilities. Request for utility outages shall be submitted to COR at least 72 hours in advance.

3.5. Parking. Contractor shall park in assigned parking areas.

3.6. Storage of Tools and Materials. The Contractor shall coordinate with COR to determine where tools, equipment and materials can be stored. The Contractor is advised to secure materials, tools, etc.

during the period of work. The Government assumes no responsibility for damage, theft, or loss of any equipment or materials stored at the site.

3.7. Open Flame Work. Contractor shall submit a written request for a hot work permit to the COR prior to any activity utilizing welding, cutting, burning, brazing, soldering, or other process using a torch or open flame. The COR will issue the Contractor a hot work permit.

3.8. Excavation and Underground Utilities. The Contractor shall make the required locate request to South Dakota 811 two (2) working days before the planned work. Trenching and excavation work shall be performed with proper emphasis on safety and in accordance with safety standards such as OSHA 1910 and 1926.

4.0. Environmental and Waste Management

4.1. Environmentally Preferable Building Products and Materials. The Contractor shall use environmentally preferable products and materials where economically feasible. Information about environmentally preferable products can be found here: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products.

4.2. Demolition and Removal. The Contractor shall completely remove from the EROS grounds and properly dispose of all demolition materials unless otherwise directed by the COR to retain materials on site.

4.3. Construction Waste Management. The Contractor shall maintain a recycling program to dispose of or recycle construction waste. The program must cover the following requirements.

ATTACHMENT A Page 6 of 38 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products

4.3.1. Provide continuous facilities for the recycling of incidental construction waste during construction.

4.3.2. Products may be excluded from the recycling program when there is small quantity of material involved, the extraordinarily complex nature of the waste disposal method, or prohibitive expense for recycling would represent a genuine hardship.

4.3.3. Records of recycled construction materials shall be provided to the COR within 30 days after completion of work. Records shall include recycled materials by type and weight.

5.0. Measurements. The Contractor shall field verify all measurements and ascertain the nature, location, and general and local conditions that may affect the performance or the cost of the work.

Failure to do so shall not relieve the Contractor of their responsibility for properly estimating the difficulty or cost of successfully performing the work. Drawings furnished by the Government may not be to scale.

6.0. Technical Specifications

6.1. DESCRIPTION OF WORK

6.1.1. The Contractor shall provide all labor, tools, material and equipment necessary to perform asphalt concrete paving, crack repair and sealing at EROS Data Center, Sioux Falls, SD, in accordance with 2015 South Dakota Department of Transportation Standard Specifications for Roads and Bridges.

6.1.1.1. Base Requirement. The Contractor shall seal cracks in the asphalt concrete roadways and parking lots for the entire EROS campus. The rate of sealant shall be a minimum 0.4 lb of sealant per one foot of crack length in accordance with South Dakota Department of Transportation standards.

Asphalt crack sealing in the parking lots shall be completed in phases. The Contractor shall coordinate all parking lot work with the COR before any work shall begin. The Contractor shall provide traffic control and block off work areas with approval of the COR. The Contractor shall provide safety cones and barricades.

6.1.1.2. Option 1. The Contractor shall pave an asphalt wedge approximately 4 feet wide around the exterior of the 5-meter dome and the 10-meter dome. The Contractor shall fill the void between dome exterior walls and existing asphalt with asphalt. The Contractor shall seal coat all existing asphalt around the 5-meter and 10-meter domes after the asphalt wedge has been constructed. The Contractor shall use Plant Mix Bituminous Pavements-SD/DOT Class G material.

6.2. MATERIALS and SUBMITTALS

6.2.1. The Contractor shall provide material submittals for all proposed products to be brought on site in accordance with FAR 52.236-5, Material and Workmanship. Material submittals shall be submitted to the COR through the CS within ten (10) days after receipt of Notice to Proceed (NTP). Submittals for products that are not known at time of award shall be submitted to the COR through the CS throughout the performance period in adequate time to complete reviews and ensure timely delivery. The COR will approve or reject material submittals within five (5) business days of receipt. If a submittal is rejected by

ATTACHMENT A Page 7 of 38 the COR, the Contractor shall re-submit within five (5) business days after notice of rejection.

6.2.2. The Contractor shall provide submittals for proposed shop drawings, construction supplies, hardware and devices electronically. For catalog cuts, illustrations, printed specifications, or other data submissions, the Contractor shall indicate applicable items such as model numbers, sizes, and accessories by arrows or highlights.

6.2.3. The Government will not grant extensions to the period of performance due to Contractor’s failure to provide material submittals in a timely manner.

6.3. Construction Schedule. The Contractor shall submit a schedule of construction to the COR through the CS within five (5) business days after award. The schedule shall indicate the dates and times that the contractor intends to be on site and the dates that major components of the work will be accomplished. The Contractor shall consider material/equipment lead-times and utility outages when preparing the schedule. The Contractor shall notify the COR immediately of any anticipated changes to the original schedule and shall provide an updated schedule within five (5) business days. If necessary, the Contractor shall coordinate, through the COR, with any other contractor(s) performing work on the facility.

7.0. SPECIAL INSTRUCTIONS RELATED TO COVID-19 PANDEMIC. Due to the COVID- 19 pandemic, access to the EROS Center remains highly restricted and requires Senior Leadership Team approval. The Contractor shall coordinate closely with the on-site COR to obtain approval to work on-site. Specifically, the following policies/procedures apply during facility closure during the pandemic.

These procedures supersede instructions provided elsewhere in the SOW while facility access remains restricted.

7.1. The on-site COR is Bruce Potter. Mr. Potter is available on-site from 8:00 am to 4:00 pm Monday to Thursday at (605) 216-0538. The Contractor shall coordinate all access to the site with Mr.

Potter.

7.2. The “COVID-19 Questionnaire,” attached as Exhibit 1, shall be completed by each contractor employee, each day before reporting to work on-site. If an employee answers “yes” to any question, the Contractor shall follow the protocol identified in the “DOI COVID-19 Risk Assessment & Decision Matrix for Managers,” attached as Exhibit 2. Final return to work decision (for on-site work) shall be made by the EROS Senior Leadership Team and coordinated through the on-site COR.

7.3. Contractor employees will NOT be allowed to use restrooms in the EROS facility.

8.0. DELIVERABLES SCHEDULE. The following table identifies deliverables that are described within this SOW and are required before work is considered complete. Days are defined as business days unless otherwise noted.

Paragraph Deliverable Delivery Due Deliver To

4.3.3. Record of Recycled Materials 30 days after completion of work CS and COR

6.2. Material Submittals 10 days after NTP and as required

thereafter CS and COR

ATTACHMENT A Page 8 of 38

6.3. Construction Schedule 5 days after award and updates as

required thereafter

CS and COR

7.2. COVID-19 Questionnaire Each day before starting on-site work (completed by each employee)

On-site COR

(End of Statement of Work)

ATTACHMENT A Page 9 of 38

Contractor Name: _______________________________ Date: _________________

Employee Name: ________________________________

Persons answering yes to any of the following questions will not be admitted in the building:

1. Do you have a confirmed COVID-19 diagnosis either though testing or based on the diagnosis of a health care professional?

2. Are you experiencing now, or have you experienced within the last 14 days, an elevated temperature, active cough or difficulty breathing?

3. Have you had close contact (<6ft) with a confirmed COVID-19 case?

ATTACHMENT A Page 10 of 38

EXHIBIT 1

Does the employee have a suspected/confirmed COVID-19 diagnosis?

NO

Have employee self-isolate following CDC guidelines and consult a medical provider. Identify and notify any close contacts (anyone within 6 feet for longer than 10 minutes within 2 days of symptom onset) to self-quarantine for 14 days.

MANAGEMENT ACTIONS

Did the employee have close contact with a suspected/confirmed COVID-19 case (contact less than 6 feet for longer than 10 minutes within 2 days of the ill person’s symptom onset)?

For all other employees

Is the employee symptomatic?

Have employee self-quarantine and consult a medical provider if symptoms arise. If employee is MISSION ESSENTIAL, he/she may continue to work provided they remain asymptomatic and additional precautions are implemented following CDC guidelines.

All employees should remain alert for symptoms (including fever, cough, or shortness of breath), maintain 6 feet of social distance from others, and wear a cloth face covering in public settings when social distance cannot be maintained. If symptoms develop, employee should contact their supervisor, self-isolate, and contact a medical provider.

Revised 4/10/2020

DOI COVID-19 Risk Assessment & Decision Matrix for Managers

YES

YES

YES

NO

NO

ATTACHMENT A Page 11 of 38

EXHIBIT 2

https://www.cdc.gov/coronavirus/2019-ncov/hcp/guidance-prevent-spread.html https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html

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. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far

(End of provision)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-05 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-06 Unique Entity Identifier (Oct 2016) 52.204-07 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-02 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018)

52.204-8 Annual Representations and Certifications (Jan 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238990, All Other Specialty Trades Contractors.

(2) The small business size standard is $16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

ATTACHMENT A Page 12 of 38 https://www.acquisition.gov/browse/index/far

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

ATTACHMENT A Page 13 of 38

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

ATTACHMENT A Page 14 of 38

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

ATTACHMENT A Page 15 of 38

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

ATTACHMENT A Page 16 of 38

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

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(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

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(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.219-1 Small Business Program Representations (Oct 2014)

(a) Definitions. As used in this provision-

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).

“Small business concern” 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 criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is– 238990, All Other Specialty Trades Contractors.

(2) The small business size standard is $16.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.

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(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □is, □is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □is, □is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

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(ii) It □is, □is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

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

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall…