0. 1282AT20R0003, SF1442andTermsB-M.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

995176

USDA FOREST SERVICE

ARAPAHOE-ROOSEVELT NF PAWNEE NG

2150 CENTRE AVENUE BUILDING E

FORT COLLINS CO 80526-8119

82AT

USDA Forest Service

ATTN: klenise.wallace@usda.gov 2150 Centre Ave., Bldg. E.

Fort Collins, CO 80526

KLENISE WALLACE 970-295-6680

1x 06/24/2020

1282AT20R0003

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

IGF::OT::IGF

Solicitation No.: 1282AT20R0003

Project Title: CLRD Fort Collins (FC) Admin Storage Building

Project Description: The USDA Forest Service has a requirement for the construction of one 23' 6" X 60' wood framed storage buildings at the Fort Collins Administrative Site on the Arapaho & Roosevelt National Forests and Pawnee National Grassland (ARP) in Colorado.

Project Location: The project is located at the Fort Collins Administrative Site, 300 Hemlock St., Fort Collins, CO 80524-1115. Larimer County.

Wage Determinations:

WD CO20200024, Rev. 2, Dated 01/24/2020 (Building)

WD CO20200002, Rev. 1, Dated 01/31/2020 (Heavy)

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

________________________ 07/24/2020

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

No further contractual document is necessary.

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

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

BY

2PAGE OF

KLENISE S. WALLACE

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

Company Name:

Address:

DUNS No.:

POC Name:

POC Email:

POC Direct Ph.:

A BID AMOUNT IS REQUIRED TO BE ENTERED INTO THIS SECTION. SEPARATE THE BASE AND OPTION ITEM AMOUNTS. "SEE BID OR SOI IS NOT AN ACCEPTABLE RESPONSE."

klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 30

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282AT20R0003

Set Aside: Total Small Business

Pre-Bid Conference/Site Visit. Reference Section L.

FS Contacts:

Contracting Officer (CO), Klenise.Wallace@usda.gov Contracting Officer Representative (COR), Steve.Wood@usda.gov

Correspondence should be sent to both the CO AND COR. Interested Offerors shall submit proposal in accordance with Section L of this solicitation.

Delivery: 06/01/2020

Delivery Location Code: 82LA

ARAPAHO ROOSEVELT NF-CANYON LAKES R

CANYON LAKES RANGER DISTRICT

2150 CENTRE AVENUE BUILDING E

FORT COLLINS CO 80526 US

Period of Performance: 08/03/2020 to 09/30/2020

CLRD, Fort Collins Admin Site Storage Building

Period of Performance: 08/03/2020 to 09/30/2020

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 1282AT20R0003 Arapaho Roosevelt National Forests – Canyon Lakes Ranger District CLRD, Fort Collins Admin Storage Building Page 4 of 30

Continuation of SF 1442

Block 27: FAR and AGAR Contract Clauses are contained throughout all Sections of these solicitation/contract terms.

The full text of a FAR clause or provision starting with “52” may be accessed electronically at https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses.

The full text of an AGAR clause or provision starting with “452” may be access electronically at https://www.acquisition.gov/agar/agar-part-452.

Biobased / Biopreferred Program This procurement requires the use of bio-based products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). For more information on biobased program and products, refer to the links under Section C.10.

https://www.acquisition.gov/agar/agar-part-452

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Table of Contents SECTION B – SCHEDULE OF ITEMS ______________________________________________________ 7

SECTION C – DESCRIPTION/SPECIFICATIONS ___________________________________________ 8

SECTION D – PACKAGING AND MARKING ______________________________________________ 11

SECTION E – INSPECTION AND ACCEPTANCE __________________________________________ 11

SECTION F – DELIVERIES OR PERFORMANCE __________________________________________ 12

SECTION G – CONTRACT ADMINISTRATION DATA _____________________________________ 13

SECTION H – SPECIAL CONTRACT REQUIREMENTS ____________________________________ 15

SECTION I– CONTACT CLAUSES _______________________________________________________ 17

SECTION J – LIST OF ATTACHMENTS __________________________________________________ 22

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS _________________________________________________________ 23

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS ________________ 26

SECTION M – EVALUATION FACTORS FOR AWARD _____________________________________ 29

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SECTION B – SCHEDULE OF ITEMS

**FOR THE PURPOSE OF THIS SOLICITATION, CONTRACTOR SHALL COMPLETE THE SCHEDULE

OF ITEMS IN SECTION J, ATTACHMENTS (EXCEL FILL-IN). DO NOT PROVIDE PRICING WITHIN

THIS FORM.**

Base Items

*The Lump Sum includes mobilization, project work and clean-up.

**FOR THE PURPOSE OF THIS SOLICITATION, CONTRACTOR SHALL COMPLETE THE SCHEDULE

OF ITEMS IN SECTION J, ATTACHMENTS (EXCEL FILL-IN). DO NOT PROVIDE PRICING WITHIN

THIS FORM.**

01 Mobilization LSQ LS 1 $0.00 $0.00

02 Bonding LSQ LS 1 $0.00 $0.00

03 23.5' X 60' Wood Framed Building LSQ LS 1 $0.00 $0.00

$0.00TOTAL

ITEM

NO.

Labor Description Method of Measure

Unit Quantity Unit Price Cost

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SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 SCOPE OF CONTRACT: The USDA Forest Service has a requirement to construct one 23’ 6” X 60’ wood framed storage buildings at the Fort Collins Administrative Site on the Arapaho & Roosevelt National Forests and Pawnee National Grassland (ARP) in Colorado.

C.2 DESCRIPTION OF WORK: The objective of this work is to install one wood framed storage building to house vehicles and equipment.

The Contractor will be required to provide and install one 23’ 6” X 60’ wood framed storage building as described in the following statements. The building will not have any electrical, plumbing or HVAC systems.

The building will be installed on an existing foundation. The contractor is strongly encouraged to verify measurements of the existing slab/foundation before submitting a bid.

C.2.1 Performance of the Work The contractor is responsible for supplying all labor, materials, equipment, utilities, necessary valid licenses and permits in accordance with the work specified herein and under applicable specifications. All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section J.

The new building shall be designed and engineered by an approved building contractor. The engineered plans shall be submitted to the Forest Service for approval before the building is ordered/constructed. The plans will need to be submitted at least 30 days in advance of construction to allow enough time for the approval process to be completed.

The colors of the building shall match the adjacent buildings as closely as possible. Dark brown with dark grey roof. The final colors will be selected by the Forest Service from the manufacturer’s full line of color options.

The design, construction, and testing of the buildings is to comply with the applicable requirements of the local building codes and standards. Utilize the latest version of the code or standard. The contractor will be required to identify and mark underground utilities before any excavation can occur.

Comply with Larimer County, Colorado design requirements for this location.

The building shall have the following dimensions and features:

o 23’ 6”X60’ o 12’ height at top of wall o Low pitched gable roof with overhangs to match adjacent buildings.

o Composition Shingle Roofing.

o 4 - 10’ high X 12’ wide roll-up doors or approved alternative.

o 3068 entry door o T-111 Siding or approved equal o Existing Slab on Grade

Part of the bid shall include a detailed construction schedule that demonstrates a strong understanding of the project requirements.

The contractor shall confine construction operations to the immediate area of work in way that does not interfere with operations of the administrative site as Government personnel will occupy the building during the project.

52.236-21 Specifications and Drawings for Construction (FEB 1997) 452.211-72 Statement of Work/Specifications (FEB 1988) 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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C.3 LOCATION: The project is located at the Fort Collins Administrative Site, 300 Hemlock St., Fort Collins, CO 80524-1115. Larimer County.

C. 4 CONTRACT TIME/PERIOD OF PERFORMANCE:

The anticipated contract time will be 30 calendar days from the notice to proceed date, inclusive of optional items.

The anticipated period of performance is award (on or about August 3, 2020) through September 30, 2020, at which time all work must be completed to include cleanup. Work is expected to begin on or about August 14, 2020.

C.5 CONTRACT TYPE / PURCHASE ORDER AND DETAILS

Firm Fixed Price (FFP) Single Award (Only One Contractor for Performance) The contract vehicle is: Stand-Alone Contract

C.6 GOVERNMENT FURNISHED PROPERTY/MATERIAL

Any applicable Government Furnished Property/Material supplied, if applicable, will be so named in the specifications and or plans contained as part of this solicitation.

C.7 EQUIPMENT

All equipment shall be: in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner; be cleaned of earthen and vegetative materials that may contain weed seed and inspected prior to each use and/or delivery onto National Forest Lands; and approved in advance on a case-by-case basis by the CO for storage during active construction and/or maintenance periods. All repairs to equipment under this contract shall be made and paid for by the Contractor. The Contractor shall remove damaged equipment from service until repairs are made or equipment replaced. The Contractor is responsible for the protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.8 PERSONNEL, PERMITS AND RESPONSIBILITIES

Refer to General Requirements included with Section J, Attachments

52.236-7 Permits and Responsibilities (NOV 1991)

C.9 SAFETY

All work related to this project shall be done in accordance with all applicable OSHA and State of Colorado regulations.

The Contractor is subject to all applicable State and Federal OSHA rules and regulations. The contractor shall have available upon request, the Material Safety Data Sheets (MSDS) with the intended use of each of the solutions the contractor proposes to use in the performance of work. The contractor shall not use any materials in which the CO determines to be unsuitable for the work or harmful to the surfaces it is intended to be applied to. This does not relieve the contractor of any damages resulting from the application of such materials. All containers used shall be clearly marked with manufacturer, type of chemical and intended usage. Mixing of chemicals is not allowed.

C.10 BIOBASED / SUSTAINABLE PRODUCTS

The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

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In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired: (1) Competitively within a time frame providing for compliance with the contract performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable price. Information about these products is available at http://sftool.gov/green-products/1/construction-materials.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than October 31 of each year during contract performance and at the end of contract performance (as applicable). Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

C.11 DEFINITIONS

Administrative Contracting Officer (ACO) - The ACO has authority for the administration of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. The ACO Designation letter outlines functions the ACO cannot perform.

Contracting Officer (CO) Has full authority for the administration of the contract and will personally handle all matters beyond the authority of the ACO and COR. Contracting Officers are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If you are asked to perform additional work, or make changes not specified in the contract, DO NOT perform the work but immediately notify the Contracting Officer. A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government.

Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) is the person most responsible for technical advice. The COR is also responsible for maintaining property records, outlining work, material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and conducting pre-final and final inspections. In addition the COR oversees administrative matters (e.g., submittals, etc.). Also ensures elements of contract requirements are met in accordance with terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. NOTE: Designation form FS-6300-6 outlines functions the COR cannot perform.

Government Technical Monitor (GTM) Assists the CO and COR as a technical advisor/inspector to monitor contractor performance. A GTM has no contractual authority. This person exists only to advise the COR in his/her area of expertise.

http://sftool.gov/green-products/1/construction-materials http://sftool.gov/green-products/1/construction-materials https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

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SECTION D – PACKAGING AND MARKING

RESERVED. For this Solicitation, there are NO clauses in this Section

SECTION E – INSPECTION AND ACCEPTANCE

E.1 GENERAL

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection – Dismantling, Demolition or Removal of Improvements (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994)

452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at date and time agreed upon between the COR, Steve Wood (970-295- 6751, email steve.wood@usda.gov) and the Contractor.

(End of clause)

E.2 FINAL INSPECTION

A walk-thru inspection shall be scheduled PRIOR to the final inspection so major discrepancies found can be corrected prior to the scheduled completion date. The Contractor shall schedule the final inspection by contacting the COR in advance of the contract completion date.

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SECTION F – DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution and Completion of Work (APR 1984) The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 September 2020.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed no later than 14 August 2020. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.242-14 Suspension of Work (APR 1984)

452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is award (on or about 3 August 2020) through 30 September 2020.

452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is 30 calendar days from the Notice to Proceed Effective Date.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

G.1.1 Invoices The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.1.1. Certified Payrolls for Construction. Certified payrolls must also be uploaded as an attachment.

Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work.

G.1.2 Payments Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury

G.1.2.1. Final Payment. Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), Final payment will made within 30 calendar days after presentation of a properly executed invoice and if required by the contract, a release of all claims against the Government, other than claims arising under this contracted, in stated amounts, which the Contractor specifically accepts from the operation of the release.

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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G.2 FOREST SERVICE REPRESENTATIVES

Klenise Wallace shall serve as the signing Contracting Officer for this contract/purchase order and is the contact on all things concerning this contract. The Contracting Officer can be reached at klenise.wallace@usda.gov or 970-295-6680.

The COR is Mr. Steve Wood, reachable at steve.wood@usda.gov or desk phone at 970-295-6751. The contractor will work directly with Mr. Wood in accessing the site to perform this work. Any questions that could alter the scope or specifications for this work must be reviewed and approved by both the COR and Contracting Officer and shall be recorded via written documentation.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award: A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes: The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel: The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR): Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor: The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Contract Release: The following supplements the Payments clause in Section I: Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

452.215-73 Postaward Conference (NOV 1996)

(a) A post award conference with the successful offeror is required.

(b) It will be scheduled with the awarded contractor after the date of contract award at a date/time agreed upon between the COR, CO and Contractor. The Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting, such items as work progress schedule, quality control, worksite plan, and fire prevention plans shall be finalized in writing.

(c) The conference will be held either via teleconference OR at the Fort Collins Admin Building on 300 Hemlock St., Fort Collins, CO 80524-1115. Larimer County.

(End of Clause) mailto:klenise.wallace@usda.gov

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Foreman

(b) During the first fifteen (15) calendar days of the contract award date, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 3 business days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 business days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 10 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.1 FIRE PREVENTION

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees. All other actions will be in accordance with the fire plan included in Section J of this solicitation.

H.2 SAFETY

52.236-13 Accident Prevention (NOV 1991)

H.3 SECURITY

This site ☐ is / ☒ is not secured. It ☒ is / ☐ is not in use by and open to the public. Contractor shall protect work and materials accordingly.

H.4 CAMPING

Camping on the premises ☐ is / ☒ is not authorized for this contract.

H.5 PRE-WORK CONFERENCE

52.236-26 Preconstruction Conference (FEB 1995) See Section G, 452.215-73, Post Award Conference, for details.

H.6 WAGE DETERMINATIONS

The applicable Wage Determination(s) for this solicitation/contract work:

WD CO20200024, Rev. 2, Dated 01/24/2020 (Building) WD CO20200002, Rev. 1, Dated 01/31/2020 (Heavy)

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H.7 SPECIAL CONSIDERATIONS

H.7.1 Utilities. The contractor is allowed to use water and may be authorized to use electricity. Telephone is not provided.

The contractor shall supply a portable restroom for the contractor’s workers to use for the duration of the project. Use of the administrative facilities will not be allowed.

H.7.3 Personnel Access to Construction Site Location(s). Contractor may coordinate with the COR and Admin Site to arrange temporary redirection of personnel access if required. Request and approval must be received in writing.

52.236-14 Availability and Use of Utility Services (APR 1984)

H.7.1 Bonding – There ☐is / ☒is not a bonding requirement for the base award of this contract. Should the optional item be exercised, bonding will be required.

If bonding is required, bids requiring a bond, refer to FAR 28.101-2. Bids are required to have payment bonds 20% of the bid price. If awarded, the performance and payment bonds are 100% of the award amount. This information is also in accordance with FAR 52.228-1.

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SECTION I– CONTRACT CLAUSES

FAR/AGAR

Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-14 Display of Hotline Poster(s) (OCT 2015) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (Apr 2014) 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-13 System of Award Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or

Proposed for Debarment (OCT 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.217-5 Evaluation of Options (JULY 1990) 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within before the contract performance end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options or extension requests under this clause, shall not exceed 60 calendar days.

(End of clause)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAR 2018) 52.222-6 Construction Wage Rate Requirements (JAN 2017) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees. (JUL 2005)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-23 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 Goals for Female Participation for Each Trade 6.9% 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 Order11246, 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 Order11246, 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

State County City Colorado Larimer Fort Collins

(End of provision)

52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans. (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.223-1 Biobased Product Certification. (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (May 2008) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

(AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) 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.

“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)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/12505-applicability-certain-laws-contracts-acquisition-cots-items#i1112949

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(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:

(End of Clause)

Foreign and Domestic Construction Materials Price Comparison Item No. Construction Material Description Unit of Measure Quantity Price

(Dollars)*

Foreign Construction Material

Domestic Construction Material

Foreign Construction Material

Domestic Construction Material

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).]

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.228-1 Bid Guarantee (SEPT 1996) (Required if Optional Item is Exercised) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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Contract Clause No. Contract Clause Title, Description (when applicable) and Effective Date 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996)

Alternate I (JUN 1985) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance.