Station Bodega Bay_Fuel Containment System Repairs_SAM.gov Solicitation.docx

This solicitation is being issued by the US Coast Guard Regional Support Team – Southwest (RST-SW) as a request for proposal. The solicitation number is 30462PR260000007.

The Project is to repair or replace the Fuel Containment System Repairs at United States Coast Guard Station Bodega Bay, 355 Doran Beach Road, Bodega Bay, CA 94923.

This is a total (100%) small business set aside.

The NAICS for this action is 457210 – Fuel Dealers.

The Product and Service Code is 2910 – Engine Fuel System Components, Nonaircraft.

Payment Protection is required no later than 10 calendar days after award.

As required by FAR 36.204, the estimated magnitude of this project must be under $25,000.

Work shall commence after review and acceptance of contractor’s submittals by the government, and all work shall be completed within 30 days from the start date. Submittals shall be provided no later than 10 days from award. The performance period is mandatory.

Offers submitted must be valid for a minimum of 30 calendar days.

Offerors interested in a site visit prior to solicitation closing must notify the contracting officer and immediately to facilitate access to the worksite. Attendance at a site visit is not mandatory and will not influence the outcome of this procurement.

Offerors must be registered at SAM.gov at the time of offer submittal.

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B – Supplies or Services and Prices/Costs

3. Section C – Descriptions/Specifications/Work Statement

4. Section D – Packaging and Marking

5. Section E – Inspection and Acceptance Terms

6. Section F – Delivery or Performance

7. Section G – Contract Administration Data

8. Section H – Special Contract Requirements

9. Section I – Contract Clauses

10. Section J – List of Documents, Exhibits, and Other Attachments

11. Section K – Representations, Certifications, and Other Statements of Offerors

12. Section L – Instructions, Conditions, and Notices to Offerors

13. Section M – Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers: 30462PR260000007

2. Section B – Supplies or Services and Prices/Costs

Contract Type: Firm Fixed Price

Description:

The contractor shall perform the required specified tasks and all implied tasks required by the Statement of Work.

3. Section C – Description/Specifications/Work Statement

Statement of Work (SOW) For Fuel Containment System Repairs at USCG Station Bodega Bay, CA

A. GENERAL INFORMATION

a. Background:

During a recent replacement of the fuel leak detection system, the Contracting Officer's Technical Representative identified that the flexible connectors and protective boots located at the fuel line containment boxes are significantly degraded. The integrity of these components is critical for providing secondary containment of the fuel system. Their current condition presents a high risk of failure, which could lead to a fuel leak entering the waterway, causing a significant environmental hazard and violating federal regulations. This Scope of Work outlines the requirements for a contractor to replace these degraded components to ensure the fuel system's integrity and prevent environmental contamination.

b. Objective:

The primary objective of this project is to proactively mitigate an identified environmental risk by replacing the degraded boots and flexible connectors on the fuel system's containment boxes. The successful completion of this work will restore the containment system to its original design specifications, ensuring it can effectively prevent a potential fuel leak from entering the surrounding waterway.

c. Scope of Work:

The contractor shall provide all necessary supervision, labor, materials, and equipment to perform the replacement of the degraded fuel system boots and flexible connectors. The work shall include, but is not limited to, the following tasks:

· Project Coordination & Safety:

· Coordinate all site work with the assigned government Coast Guard Representative.

· Develop and submit a site-specific safety plan adhering to all applicable OSHA and USCG safety regulations for working on a government installation, particularly concerning fuel handling and working near a marine environment.

· System Isolation:

· In coordination with the Coast Guard representative, safely isolate and shut down the affected fuel lines to ensure a zero-energy state before commencing any work.

· Verify that the system is properly depressurized and drained as required to prevent any spillage.

· Component Removal:

· Carefully dismantle and remove the existing degraded boots and flexible connectors from the containment boxes.

· All removed components and any associated hazardous materials shall be handled and disposed of in strict accordance with federal, state, and local environmental regulations.

· Installation of New Components:

· Furnish and install new boots and flexible connectors that meet or exceed original equipment manufacturer (OEM) specifications and are certified for use with the specific fuel type in the system.

· All new materials must be suitable for a marine environment, providing long-term resistance to corrosion, moisture, and UV exposure.

· Ensure all connections are installed to manufacturer specifications to create a complete, leak-proof seal.

· System Testing & Re-integration:

· Upon completion of the installation, conduct a thorough system integrity and leak test in the presence of a Coast Guard representative.

· Testing procedures must be submitted for government review and approval prior to execution.

· Once testing is successfully completed, restore the fuel system to normal operational status in coordination with the Coast Guard representative.

· Site Restoration & Cleanup:

· At the end of each workday, the worksite shall be cleaned and secured.

· Upon project completion, the contractor shall remove all tools, equipment, and waste materials from the site, returning it to its original condition.

d. Requirements & Specifications:

· All replacement components (boots, flexible connectors, fittings, hardware) must be new and accompanied by manufacturer specification sheets verifying their compatibility with the fuel system and suitability for a marine environment.

· All work shall be performed by technicians who are fully qualified and experienced in the maintenance and repair of petroleum fuel systems.

· The contractor is responsible for complying with all applicable federal, state, and local regulations, including those from the Environmental Protection Agency (EPA) concerning fuel handling and spill prevention.

e. Deliverables & Acceptance:

Project completion and final acceptance of work will be contingent upon the COR's verification of the following:

f. Exclusions:

This scope of work does not include:

· Replacement or repair of the fuel leak detection system itself.

· Repairs to the structure of the containment boxes, unless damage is caused by the contractor.

· Any work on piping or components beyond the immediate flexible connectors being replaced.

g. Warranty:

All workmanship performed by the contractor shall be warranted. All installed materials shall be covered by their respective manufacturers’ warranties.

g. General Requirement: Prior to contract issuance the prospective contractor MUST HAVE completed and/or current enrollment into System Award Management (SAM), enrollment information can be found at: https://www.sam.gov/portal/SAM/#1, failure to do so WILL result in disqualification from award consideration. For any further enrollment assistance and/or questions, please contact CWO3 Anthony Ciurlino at anthony.j.ciurlino@uscg.mil

B. CONTRACTOR REQUIREMENTS

1. During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by EPA and OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction and California Code of Regulations, Title 8, Div. 1, Ch. 4, Subchapter 4 Construction Safety Orders, and EM 385-1. When the standards differ, the more restrictive standard shall apply. The contractor shall provide barriers, temporary fencing, trench covers, etc. wherever work could cause injury to workers, visitors, Coast Guard personnel, or dependents. An Accident Prevention Plan shall be submitted by the contractor prior to any commencement of work.

2. The Contractor and/or its personnel shall refrain from smoking while inside any federal buildings, within 50 feet of any entrance to the buildings, and within 50 feet of any flammables. A designated smoking area is available on-site.

3. The Contractor and/or its personnel are authorized to utilize government building’s restroom facilities.

4. The Contractor shall provide all management, supervision, labor, materials, supplies, and equipment (except as otherwise noted herein).

5. Refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of off Government property. All disposals shall be done in accordance with federal, state, and local laws and regulations.

6. The location or lay down area of materials will be available on base with location to be determined by COR and Facilities Engineer depending on size. The Contractor shall be responsible for protecting materials stockpiled against weather, damage, theft, and other risks of loss. The Coast Guard assumes no responsibility for material or equipment left in the storage area.

7. Limited water and standard 110v electricity are available. Cost of these utility connections and disconnections of machinery or equipment shall be the responsibility of the Contractor. Personnel using extension cords to bring power from another location for construction, maintenance, remodeling, etc., shall employ portable ground fault circuit interrupters (GFCIs), even if connecting to building wiring. Use of portable generators is authorized at contractor expense to power portable equipment.

8. The Contractor shall plan, schedule, coordinate and assure effective service to meet U.S. Coast Guard requirements.

9. Investigate the site per FAR 52.236-3 to ascertain the general and local conditions which can affect the work or its cost. Photographs provided below for reference; however, it is highly encouraged the contractor field verify to identify all factors or interferences concerning the job being sought.

10. The contractor shall field verify all information provided.

C. GOVERNMENT RESPONSIBILITIES

1. The government will provide Contractor personnel with access to all spaces necessary for any component associated with this project during normal business hours. Office building hours are as follows: Monday through Friday 0700 through 1700 (7am – 5 pm). Any scheduled working times outside normal business hours by Contractor personnel shall be coordinated with the Engineering Petty Officer MK1 Joshua Florez at Joshua.D.Florez@uscg.mil prior to the commencement of said work. At any time, scheduled work needs to go beyond normal business hours, the Contractor shall immediately notify MK1 Florez.

2. No work shall be scheduled during Federal Holidays or Weekends, unless prior approval has been coordinated with the Engineering Petty Officer MK1 Joshua Florez at Joshua.D.Florez@uscg.mil.

3. All Contractor access to designated restricted and/or controlled access spaces will be coordinated with the Command Security Officer prior to accessing these spaces. Once in these spaces, Contractor personnel will be monitored by Coast Guard personnel with appropriate access and clearance to be inside these designated restricted and/or controlled access spaces throughout the performance of work in these spaces. At no time shall the entry points of these spaces remain unlocked to facilitate ease of installation.

D. REPORTING REQUIREMENTS

1. The contractor is required to provide verbal progress reports daily for the period of project duration. The progress report shall cover all work completed during the day and shall present the work to be accomplished during the subsequent period. This report shall also identify any problems that arose and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved and provide an explanation.

2. All verbal progress reports shall be provided to the Engineering Petty Officer MK1 Joshua Florez at Joshua.D.Florez@uscg.mil prior to Contractor departing the premises of Sector San Francisco Area of Responsibility and where the work is being performed.

E. CONTRACTOR EXPERIENCE

1. The Contractor shall provide a Certificate of Insurance to indicate the liability, property, and accident coverage held by the Contractor, as well as any optional insurance recommended by the Contractor. The United States Coast Guard (USCG) shall be listed as “Additional Insured” on all Certificates of Insurances.

2. The Contractor and its personnel shall conform with the same high standards of behavior applicable to the maintenance of government equipment. All individuals performing any portion of maintenance and/or installation associated with this project shall be properly trained and qualified for the work to which that is assigned.

F. SECURITY REQUIREMENTS

1. The Contractor and its personnel performing work under this project shall be always escorted whenever work is to be performed in designated restricted and/or controlled access spaces. At no time shall the Contractor and its personnel be left unattended while working in designated restricted and/or controlled access spaces. Escorts shall be Coast Guard members currently assigned to the designated facility complex with appropriate clearance levels and access to be in the specific designated restricted and/or controlled access space at the time work is to be performed.

2. The Contractor shall provide employee information for all foreign nationals (defined as those employees not currently designated a U.S. Citizen as determined by applicable U.S. law, regulation, or policy) prior to the commencement of any on-site work related to this project and entry onto the premises of the U.S. Coast Guard owned facilities. Individuals determined to meet the criteria to be considered a foreign national will be allowed access to U.S. Coast Guard owned facilities; however, these individuals will be prohibited from accessing the designated restricted and/or controlled access spaces, even when under escort, unless otherwise approved by the Command Security Officer.

3. The Contractor shall provide a personnel alphabetical roster of all individuals assigned to perform work under this project, listing the dates work is to be performed by the individual – daily rosters may be provided for ease of facilitating the next day’s work. Daily rosters shall be provided to the MK1 Joshua Florez at Joshua.D.Florez@uscg.mil no later than 1500 the day before work is to be performed.

4. The Contractor and its personnel shall provide a valid non-expired state or federal issued photo identification card or credential upon accessing U.S. Coast Guard owned facilities and whenever entering the main entrance. Identification cards or credentials shall be handed to the sentry and front desk watch-stander for visual inspection and validation. Failure to provide a valid non-expired state or federal issued photo identification card or credential will prevent your access to U.S. Coast Guard owned facilities, even if under escort.

5. Any U.S. Coast Guard facilities credentials issued to the Contractor and its personnel shall clearly indicate an expiration date no later than the period of this project. Each credential issued will be tracked and surrendered upon request by the Coast Guard or upon completion of this project, whichever occurs first. All issued credentials shall be always worn and visible. Whenever actively working, the credential may be removed as a safety precaution but shall be immediately returned to a visible location on person when no longer a safety concern.

6. Contractors shall provide the COR with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

G. PLACE AND PERIOD OF PERFORMANCE

1. Place of Performance – All work related to the components of this project shall be performed at the U.S Coast Guard Station Bodega Bay at 355 Doran Beach Rd, Bodega Bay, CA 94923.

2. Period of Performance - The installation of all associated components in this project shall be completed within thirty (30) calendar days after the award date.

4. Section D – Packaging and Marking

RESERVED

5. Section E – Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Clauses incorporated by reference

Clauses incorporated by full text

None

6. Section F – Delivery or Performance

None

Clauses incorporated by reference

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

The Contractor shall be required to (a) commence work under this contract within ten 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 30 Days after the start of work. The notice to proceed shall be provided once all submittals are submitted and accepted. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

7. Section G – Contract Administration Data

Requesting Office Address USCG Sector San Francisco 1 Yerba Buena Road San Francisco, CA 94130

Issuing Office Address 70Z031 Regional Support Team (RST-11) Alameda Base Alameda Coast Guard Island, Bldg 54-C Alameda CA 94501

Payment Office Address USCG Finance Center 1430A Kristina Way Chesapeake VA 23326-1000

Invoice Instructions

In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP: If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP: The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder. The first email will have the IPP Logon ID and a link to the IPP application. A second email, which will be sent within 24 hours of the first email, contains a temporary password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basics of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

Toll-free number: 866-973-3131 Email address: IPPCustomerSupport@fiscal.treasury.gov

Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm EST

8. Section H – Special Contract Requirements

RESERVED

9. Section I – Contract Clauses

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (April 2024) (DHS-USCG DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause—

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

Cost of components means—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

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

Domestic construction material means—

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

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

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

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

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

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

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

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

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

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

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

"United States" means the 50 States, the District of Columbia, and outlying areas.

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

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

Not applicable

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

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

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

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

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

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

(B) For domestic construction material that is a critical item or contains critical components.

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

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item1:

Foreign construction material

Domestic construction material

Item2:

Foreign construction material

Domestic construction material

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):

For full text language use this website https://www.acquisition.gov/far/

10. Section J – List of Documents, Exhibits, and Other Attachments

11. Section K – Representations, Certifications, and Other Statements of Offerors

CORPORATIONS-REPRESENTATION (NOV 2015)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that - It _________does, _________ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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) (1) 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _________ does, _________ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled 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 or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes…