WC-133F-15-RQ-0499.pdf
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- Renovation to Woods Hole Office - NOAA, NMFS, Northeast Fisheries Science Center, Woods Hole, MA
- Solicitation number
- WC-133F-15-RQ-0499
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NO.
5. REQUISITION/PURCHASE REQUEST NO.
CODE
6. PROJECT NO.
8. ADDRESS OFFER TO
4. CONTRACT NO.
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
11. The contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
NSN 7540-01-155-3212
calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
See Attached
STANDARD FORM 1442 (REV. )
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( )
20b. SIGNATURE 20c. OFFER DATE
STANDARD FORM 1442 (REV. ) BACK
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
PAGE 3 OF 59 WC-133F-15-RQ-0499
TITLE: WOODS HOLE OFFICE UPGRADES
THIS IS SET ASIDE FOR SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESS (SDVOSB)
NAICS CODE: 236220
SIZE STANDARD: $36.5 MILLION
MAGNITUDE OF CONSTRUCTION: between $25,000 and $100,000.
0001 Provide labor and materials to complete renovations for the second floor of the main building located at NMFS/ Northeast Fisheries Science Center in Woods Hole, MA in accordance Statement of Work dated 5/20/2015 and attached drawings.
1.00 JB
Table of Contents
PAGE 4 OF 59 WC-133F-15-RQ-0499
SECTION
. 1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
. 2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013)... 7
. 3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)
. 4 52.209-6 PROTECTING THE GOVERNMENT` INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)
. 5 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
. 6 52.211-13 TIME EXTENSIONS (SEP 2000)
. 7 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
. 8 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
. 9 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011)
. 10 52.222-3 CONVICT LABOR (JUN 2003)
. 11 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)
. 12 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
. 13 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)
. 14 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
. 15 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
. 16 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
. 17 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)
. 18 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY
2014)
. 19 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
. 20 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)
. 21 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY
2014)
. 22 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
. 23 52.222-26 EQUAL OPPORTUNITY (APR 2015)
. 24 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)
. 25 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [JUL 2014]
. 26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
. 27 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUL 2014)
. 28 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
. 29 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)
. 30 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
. 31 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
. 32 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
. 33 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011).. 9
. 34 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
. 35 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
. 36 52.228-11 PLEDGES OF ASSETS (JAN 2012)
. 37 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
. 38 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
. 39 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
. 40 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)
. 41 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
. 42 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
. 43 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
. 44 52.233-1 DISPUTES (MAY 2014)
. 45 52.233-3 PROTEST AFTER AWARD (AUG 1996)
. 46 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
PAGE 5 OF 59 WC-133F-15-RQ-0499
. 47 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
. 48 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
. 49 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
. 50 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
. 51 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
. 52 52.236-8 OTHER CONTRACTS (APR 1984)
. 53 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
. 54 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
. 55 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
. 56 52.236-12 CLEANING UP (APR 1984)
. 57 52.236-13 ACCIDENT PREVENTION (NOV 1991)
. 58 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
. 59 52.236-17 LAYOUT OF WORK (APR 1984)
. 60 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
. 61 52.242-14 SUSPENSION OF WORK (APR 1984)
. 62 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)
. 63 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015)
. 64 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
. 65 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
. 66 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
. 67 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
. 68 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)
. 69 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
. 70 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
. 71 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS (FEB 2015)
. 72 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
. 73 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
. 74 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
. 75 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
. 76 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)
. 77 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)
. 78 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
. 79 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (SEP 2013)
. 80 52.225-9 BUY AMERICAN--CONSTRUCTION MATERIALS (MAY 2014)
. 81 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)
. 82 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)
. 83 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
. 84 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
. 85 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
. 86 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
. 87 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
. 88 1352.201-72 CONTRACTING OFFICER´s REPRESENTATIVE (C0R) (APR 2010)
. 91 1352.233-70 AGENCY PROTESTS (APR 2010)
. 92 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
. 93 1352.237-75 KEY PERSONNEL (APR 2010)
. 94 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
. 95 TAX LIABILITY STATEMENT
PAGE 6 OF 59 WC-133F-15-RQ-0499
. 96 SUBMITTAL OF INVOICES
. 97 STATEMENT OF WORK
. 98 General Decision Number: MA20140001
PAGE 7 OF 59 WC-133F-15-RQ-0499
SECTION
. 1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(Reference 52.204-7)
. 2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013)
(Reference 52.204-10)
. 3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)
(Reference 52.204-13)
. 4 52.209-6 PROTECTING THE GOVERNMENT` INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)
(Reference 52.209-6)
. 5 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(Reference 52.211-6)
. 6 52.211-13 TIME EXTENSIONS (SEP 2000)
(Reference 52.211-13)
. 7 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
(Reference 52.214-34)
. 8 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
(Reference 52.214-35)
. 9 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011)
(Reference 52.219-27)
. 10 52.222-3 CONVICT LABOR (JUN 2003)
(Reference 52.222-3)
. 11 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)
(Reference 52.222-6)
. 12 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
(Reference 52.222-7)
. 13 52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)
(Reference 52.222-8)
. 14 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
(Reference 52.222-9)
PAGE 8 OF 59 WC-133F-15-RQ-0499
. 15 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
(Reference 52.222-10)
. 16 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
(Reference 52.222-11)
. 17 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)
(Reference 52.222-12)
. 18 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)
(Reference 52.222-13)
. 19 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
(Reference 52.222-14)
. 20 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2104)
(Reference 52.222-15)
. 21 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY 2014)
(Reference 52.222-20)
. 22 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
(Reference 52.222-21)
. 23 52.222-26 EQUAL OPPORTUNITY (APR 2015)
(Reference 52.222-26)
. 24 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)
(Reference 52.222-27)
. 25 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [JUL 2014]
(Reference 52.222-35)
. 26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(Reference 52.222-36)
. 27 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUL 2014)
(Reference 52.222-37)
. 28 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
(Reference 52.222-50)
PAGE 9 OF 59 WC-133F-15-RQ-0499
. 29 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)
(Reference 52.222-55)
. 30 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
(Reference 52.223-5)
. 31 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Reference 52.223-6)
. 32 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2008)
(Reference 52.223-17)
. 33 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
(Reference 52.223-18)
. 34 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(Reference 52.225-13)
. 35 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
(Reference 52.228-2)
. 36 52.228-11 PLEDGES OF ASSETS (JAN 2012)
(Reference 52.228-11)
. 37 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
(Reference 52.228-14)
. 38 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
(Reference 52.232-5)
. 39 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Reference 52.232-23)
. 40 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)
(Reference 52.232-27)
. 41 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(Reference 52.232-33)
. 42 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(Reference 52.232-39)
PAGE 10 OF 59 WC-133F-15-RQ-0499
. 43 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(Reference 52.232-40)
. 44 52.233-1 DISPUTES (MAY 2014)
(Reference 52.233-1)
. 45 52.233-3 PROTEST AFTER AWARD (AUG 1996)
(Reference 52.233-3)
. 46 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(Reference 52.233-4)
. 47 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
(Reference 52.236-2)
. 48 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
(Reference 52.236-3)
. 49 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
(Reference 52.236-5)
. 50 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
(Reference 52.236-6)
. 51 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
(Reference 52.236-7)
. 52 52.236-8 OTHER CONTRACTS (APR 1984)
(Reference 52.236-8)
. 53 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS
(APR 1984)
(Reference 52.236-9)
. 54 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
(Reference 52.236-10)
. 55 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
(Reference 52.236-11)
. 56 52.236-12 CLEANING UP (APR 1984)
(Reference 52.236-12)
. 57 52.236-13 ACCIDENT PREVENTION (NOV 1991)
PAGE 11 OF 59 WC-133F-15-RQ-0499
(Reference 52.236-13)
. 58 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
(Reference 52.236-14)
. 59 52.236-17 LAYOUT OF WORK (APR 1984)
(Reference 52.236-17)
. 60 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
(Reference 52.236-26)
. 61 52.242-14 SUSPENSION OF WORK (APR 1984)
(Reference 52.242-14)
. 62 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)
(Reference 52.243-5)
. 63 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015)
(Reference 52.244-6)
. 64 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(Reference 52.246-12)
. 65 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
(Reference 52.246-21)
. 66 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
(Reference 52.253-1)
. 67 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
(Reference 1352.201-70)
. 68 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)
(Reference 1352.209-72)
. 69 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
. 70 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
. 71 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS (FEB 2015)
PAGE 12 OF 59 WC-133F-15-RQ-0499
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.
(End of clause)
. 72 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(a)
(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220
(2) The small business size standard is $36.5 MILLION
(3) The small business size standard for a concern which submits an offerin its own name, other than on a construction or service contract, but whichproposes 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 is not included in this solicitation, and the offeror is currently registered inthe System for Award Management, and has completed the Representations and Certifications section of SAM electronic ally, the offeror may choose to use paragraph (d) of this provisioninstead 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 hascompleted the individual representations andcertifications in the solicitation.
(c)
(1) The following representations or certifications inSAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 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.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 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.
PAGE 13 OF 59 WC-133F-15-RQ-0499
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xvix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.
(xx) 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.
(xxi) 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.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and
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Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insertchanges, 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.
(End of Provision)
. 73 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
The Contractor`s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause)
. 74 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 35 CALENDAR DAYS AFTER RECEIPT OF THE NOTICE TO PROCEED BY THE CONTRACTOR. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
. 75 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $792.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor`s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
. 76 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014)
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(a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor`s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code assigned to contract number [The Contractor needs to sign and date and insert authorized signer`s nameand title].
. 77 52.222-5 Construction Wage Rate Requirements Secondary Site of the Work (May 2014)
(a)
(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)
(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
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(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.
. 78 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
FOR CONSTRUCTION (FEB 1999)
(a) The offeror`s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor`s aggregate workforce in each trade on all construction work in the covered area, are as follows:
GOALS FOR MINORITY PARTICIPATION FOR EACH TRADE is as follows:
3.6%
GOALS FOR FEMALE PARTICIPATION FOR EACH TRADE is as follows:
6.9%
These goals are applicable to all the Contractor`s construction work performed in the covered area.
If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor`s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on
(1) its implementation of the Equal Opportunity clause,
(2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and
(3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor`s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--
(1) Name, address, and telephone number of the subcontractor;
(2) Employer`s identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is BARNSTABLE COUNTY, MA
. 79 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS
(SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--
(1) The product cannot be acquired--
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(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http:// www.biopreferred.gov
(c) In the performance of this contract, the Contractor shall--
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA- designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than--
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
. 80 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.
Component means an article, material, or supply incorporated directly into a construction material.
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. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)).
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The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction material or components listed by the Government as follows:
NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that--
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)
(i) Any Contractor request to use foreign construction material in accordance with 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| | Construction | Unit of | Quantity | Price | | Material | Measure | | (Dollars)+ | | Description | | | | | Item 1: | | | | | Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | | Item 2: | | | |
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| Foreign construction | | | | | material | | | | | Domestic construction | | | | | material | | | | [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.] [+ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
. 81 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.
(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.
. 82 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)
(a) The Contractor shall submit one of the following payment protections:
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CERTIFIED CASHIERS CHECK IN THE AWARDED CONTRACT AMOUNT, OR A IRREVOCABLE LETTER OF CREDIT FROM A
FINANCIAL INSTITUTION, OR A FULLY EXECUTED PAYMENT BOND
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 CALENDAR days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
. 83 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(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.
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