Solicitation Attachments.pdf

INSTRUCTION TO CONTRACTORS

Disclosure of Magnitude in accordance with FAR 36.204: Between $100,000 and $250,000

SITE VISIT DETAILS:

Date: Wednesday, June 24, 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 EROS property. Please arrive at the Visitor’s Parking 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. The on-site COR will observe and restrict access to the project scope.

3. Contractors shall respect social distancing from other contractors while viewing site conditions 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. *

Attachment C, General wage decision number SD20200028, Modification 2, dated 02/28/2020, is hereby incorporated into this solicitation and will be incorporated into the resulting contract. The wage rates and fringe benefits in the wage decision are mandatory minimums that must be paid by the contractor (or subcontractor) to any employee working under the purchase order that results from this solicitation.

The Contractor will be required to submit weekly certified payroll reports. 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. See FAR 52.222-6, Construction Wage Rate Requirements.

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.

ATTACHMENT A Page 1 of 32 mailto:vwilliams@usgs.gov

QUESTIONS:

All questions shall be submitted via email to vwilliams@usgs.gov no later than 10:00 AM Central Time, Wednesday, July 1, 2020.

*Please select one representative from your company to submit all questions regarding this solicitation*

QUOTATION SUBMISSION REQUIREMENTS:

A complete quotation package shall be submitted by 10:00 AM Central Time, Wednesday, July 8, 2020. Quotations shall be submitted via email to vwilliams@usgs.gov. Faxed or mailed quotations will not be accepted.

Contractor shall submit a thorough quotation package demonstrating how they meet all requirements within the Statement of Work (SOW) and evaluation criteria. Quotations shall be thorough enough to allow the USGS to perform a proper evaluation in accordance with the evaluation criteria below. Quotations shall include the following Volumes.

Volume I – Price

a. SF18 Request for Quotation and OF336 Continuation Sheet – complete blocks 11(e) and (f), 12, 13 (a) – (f), 14, 15, and 16 (a) – (c)

b. Summary breakdown of firm-fixed price costs associated with the services requested in the SOW

i. Materials

ii. Labor (# of labor hours, per labor classification identified in Construction Wage Rate Requirements

(formerly Davis Bacon Act) Wage Determination, hourly price per classification)

iii. Sub-Contract Costs

iv. Payment Protection Costs (if any) (Payment bond required >$30K, Performance bond required >$150,000

v. Any other miscellaneous expenses

c. Federal Tax ID Number (TIN)

d. Business Size Classification

e. Dun & Bradstreet (DUNS) Number

Volume II – Technical

a. Contractor’s approach to the work, to include proposed schedule

b. Product specifications for proposed siding and other construction materials

Volume III – Past Performance Submit at least three (3) but not more than five (5) references (Government or Commercial) for work of similar scope as this requirement, performed within the past two years, to include:

a. Brief description of work performed,

b. Dates work performed,

c. Company/agency name,

d. Point of contact (POC) name,

e. POC address,

f. POC telephone number, and

g. POC email address

Failure to submit all required information may deem your proposal non-responsive and it may not be considered.

BASIS FOR AWARD

The Government will award one purchase order resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The factors to be considered are Technical, Past Performance and Price. Technical and past performance, when combined, are slightly more important than price.

(End of Instructions)

ATTACHMENT A Page 2 of 32

STATEMENT OF WORK

Replace Vintage 1973 Penthouse Walls and Flashing

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, has a requirement for replacement of the vintage mechanical penthouse walls and flashing of the 1996 Penthouse addition to the Mundt Federal Building, located at the EROS Science Center, 47914 252nd Street, Sioux Falls SD 57198.

1.2. Background. The Vintage Mechanical Penthouse Walls and Flashing were constructed in 1996 and the wall panels are in a deteriorated condition due to age. Water penetrations along a large percentage of the penthouse walls have resulted in water entering the lower building area.

1.3. Scope. The Contractor shall provide all labor, materials, tools, and equipment necessary to erect an estimated 5,765 square feet of steel siding 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 180 days after Notice to Proceed.

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, if scheduled by the Contract 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 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.

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

ATTACHMENT A Page 3 of 32

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 NFPA National Fire Protection Association 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.

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.

ATTACHMENT A Page 4 of 32

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.

3.3. Contractor Use of Utilities. The Government will provide electricity and 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 48 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 EROS safety office 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.

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

ATTACHMENT A Page 5 of 32 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products

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 (including counting of items) 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. DESCRIPTION OF WORK

6.1. The Contractor shall provide all labor, tools, material and equipment necessary to erect an estimated 5,765 square feet of steel siding at the EROS Data Center in accordance with this SOW. All work shall comply with National Fire Protection Association (NFPA) 101 Life Safety Code; NFPA 70 National Electrical Code; and all other applicable Federal, State and Local Codes; and industry standards. All post-award site visits and on-site work shall be coordinated with the COR.

6.1.1. Technical Requirements. The Contractor shall:

6.1.1.1. Prepare rust surfaces of existing wall panels and apply one (1) coat of rust inhibitor according to manufacturer’s specifications to slow down the oxidation process on walls which have been exposed to oxygen and water. Type of rust inhibitor shall be approved by COR prior to ordering.

6.1.1.2. Install new .26 gauge steel ribbed vertical steel siding over existing walls. New wall system shall consist of ‘hat channel’ furring strips, and “J” channel surrounding existing louvers and wall hoods. Steel siding color and finish shall match existing wall steel to the greatest extent possible.

The COR will select color and finishes from manufacturer’s standard colors.

6.1.1.3. Install .26 gauge steel flashing on top and lower portion of steel side mentioned above.

See drawings for specifics.

6.1.1.4. Install .26 gauge steel flashing over the wall corners to ensure roof integrity.

6.1.1.5. Re-install mechanical and electrical penetrations as required.

6.1.1.6. Apply joint sealants and caulking to ensure roof and wall integrity.

6.1.1.7. Re-install lightning protection on parapet according to code, complete appropriate inspections, and submit results to the COR.

6.2. Materials and Submittals

ATTACHMENT A Page 6 of 32

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 five (5) 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 three (3) business days of receipt. If a submittal is rejected by 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 schedule work in a manner that results in the minimum amount of interference with Government activities. 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.

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.

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

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.

ATTACHMENT A Page 7 of 32

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 5 days after NTP and as required

thereafter CS and COR

6.3. Construction Schedule 5 days after award and updates as

required thereafter

CS and COR

7.0. 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 8 of 32

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)

52.204-07 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (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) 52.236-28 Preparation of Proposals-Construction (Oct 1997)

52.204-8 Annual Representations and Certifications (Jan 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238170, Siding 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.

(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.

ATTACHMENT A Page 9 of 32 https://www.acquisition.gov/browse/index/far

(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.

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

(viii) 52.209-5, Certification Regarding 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.

(b) 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.

ATTACHMENT A Page 10 of 32

(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.)

(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.

(b) 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.

I 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 11 of 32

__ (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 I 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.

(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.

ATTACHMENT A Page 12 of 32 https://www/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_121893902

(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

(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).

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

(b) (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 request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American-Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and

(d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

ATTACHMENT A Page 13 of 32 https://www.sam.gov/

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225- 9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

52.236-27 Site Visit (Construction) (Feb 1995) with Alternate I (Feb1995)

(a)The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for- Wednesday, June 24, 2020 at 10:00 AM Central Time

(c) Participants will meet at- USGS-EROS, Sioux Falls, SD. See Attachment A, Instructions to Contractors, for site visit details.

CLAUSES

52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

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

(End of clause)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018)

ATTACHMENT A Page 14 of 32 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048797 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048811

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation (applies if value ≥ $150,000) 52.222-06 Construction Wage Rate Requirements (Aug 2018) 52.222-07 Withholding of Funds (May 2014) 52.222-08 Payrolls and Basic Records (Aug 2018) 52.222-09 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-03_Alternate I Hazardous Material Identification and Material Safety Data (July 1995) 52.223-05 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-02 Additional Bond Security (Oct 1997) 52.228-11 Pledges of Assets (Aug 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (May 2014) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds-Construction (Oct 2010) 52.232-05 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

ATTACHMENT A Page 15 of 32

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-01 Disputes (May 2014) 52.233-03 Protest after Award (Aug 1996) 52.233-04 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-02 Differing Site Conditions (Apr 1984) 52.236-03 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-05 Material and Workmanship (Apr 1984) 52.236-06 Superintendence by the Contractor (Apr 1984) 52.236-07 Permits and Responsibilities (Nov 1991) 52.236-08 Other Contracts (Apr 1984) 52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-21 Alternate I Specifications and Drawings for Construction 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.244-6 Subcontracts for Commercial Items 52.246-12 Inspection of Construction 52.246-21 Warranty of Construction (Mar 1994) 52.253-01 Computer Generated Forms (Jan 1991)

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 180 days after the date the contractor receives the notice to proceed.

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (DEVIATION 2019-01)

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

(b) Applicability. This clause applies only to—

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

(2) Orders set aside for small business concerns under multiple-award contracts

ATTACHMENT A Page 16 of 32 as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

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

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

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through

(iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

(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 $15,000 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.

52.225-9 Buy American-Construction Materials (May 2014)

(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 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.

ATTACHMENT A Page 17 of 32

“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- (1)An unmanufactured construction material mined or produced in the United States;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

“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.