12010920Q0106_CordovaOfcPkgLotLightPoleReplacement.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)

1005268

USDA FOREST SERVICE

CHUGACH NF-SUPERVISORS OFFICE

161 EAST 1ST AVENUE DOOR 8

ANCHORAGE AK 99501

DENISE MURPHY 907-743-9531

109/21/2020

12010920Q0106

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

Cordova Ranger District Office Parking Lot Light Pole Replacement.

Sections B through J of the following pages.

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.)

10 270 calendar days and complete it within ________________ ________________ calendar days after receiving

F.1, 52.211-10

09/28/2020

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

USDA FOREST SERVICE

CHUGACH NF-SUPERVISORS OFFICE

161 EAST 1ST AVENUE DOOR 8

ANCHORAGE AK 99501

DENISE MURPHY

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...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12010920Q0106

Cordova Ranger District Office Parking Lot Light

Pole Replacement.

Delivery: 06/30/2021

Delivery Location Code: 0122

USDA FOREST SERVICE

CORDOVA RANGER DISTRICT

PO BOX 280

CORDOVA AK 99574 US

Period of Performance: 10/01/2020 to 06/30/2021

0001 Cordova Ranger District Office Parking Lot Light

Pole Replacement.

Product/Service Code: Z1PZ

Product/Service Description: MAINTENANCE OF OTHER

NON-BUILDING FACILITIES

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

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Contract Line Items (CLINs):

Item # Schedule of Supplies/Services Quantity Pay Unit Unit Price Amount 0001 1st line item, Services:

0001AA Mobilization 1 LS $ $ 0001AB Replace Light Pole with reinforced concrete base and two LED luminaires

1 LS $ $

Total Item(s) 0001: $

LS = lump

Additional Terms:

1) Quoters must submit prices for all Items in the Schedule of Items above.

2) Disclosure of the Magnitude of Construction Projects:

Less than $25,000.

3) Payment bonds are required if your total price (sum of all Items above) exceeds $35,000 but is less than or equal to

$150,000. The clause at FAR 52.228-13 applies.

4) Bid bonds, payment bonds, and performance bonds are required if your total price (sum of all Items above) exceeds

$150,000. The clauses at FAR 52.228-1, 52.228-2, 52.228-11, 52.228-12, 52.228-14, and 52.228-15 apply.

5) Any applicable costs/bond premiums for payment protections, bid bonds, payment bonds, or performance bonds applicable at those thresholds shall be included in your price for payment under Mobilization.

6) Mobilization does not include on-site construction activities including the movement of personnel, materials, or equipment within the project site.

7) Payment for bond premiums in accordance with (IAW) Federal Acquisition Regulation ((FAR) 48 CFR Chapter 1) Clause

52.232-5 Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.

8) Payment will be made IAW Section G.2. only for those Items listed on the Schedule of Items above.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 – Scope of the Contract The Chugach National Forest requires construction work on the Cordova Ranger District involving the replacement of one (1) light pole with a reinforced concrete base and two LED luminaires.

The Contractor shall furnish all labor, materials, equipment, incidentals, supervision and transportation to perform all work listed on the schedule of supplies/services as ordered.

C.2 – Project Description and Location

1) Description: One of the two parking lot lights was damaged and removed and needs replaced. Conduit and wire are in place to the broken pole; but no guarantees can be made as to their suitability for use. It is suspected that the bedrock is approximately 2’ below the finish grade.

2) Location and Facilities: Cordova Ranger District Office, 612 Second Street, Cordova AK 99574

3) Access to Construction Site: Cordova is a remote community accessible by air or boar travel only.

C.3 – Technical Specifications

1) The technical specifications are included as attachment in Section J.

2) The National Electrical Code is the major specification applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed here) are also fully applicable to the solicitation and any resultant contract.

C.4 – <Reserved>

C.5 – <Reserved>

C.6 – <Reserved>

C.7 – <Reserved>

C.8 – Disposal of Waste Material The Contractor shall remove all waste material from the project area(s); and dispose offsite unless otherwise specified in the contract.

C.9 – <Reserved>

C.10 – <Reserved>

C.11 – <Reserved>

C.12 – <Reserved>

C.13 – Contractor Responsibility to Notify the Government The Contractor must notify the COR when leaving the project area for three (3) or more days, and within 24 hours before returning to the project area.

C.14 – Product Substitution Requests

1) When submitted within 30 days after contract award, the CO will consider formal requests for substitution of products, equipment, and/or methods, in place of those specified. Requests submitted after 30 days of award will be considered only in case of product unavailability, or other conditions beyond the control of the Contractor. Requests must provide the information required by, and in the format specified by, 2) below.

2) Submit separate requests for each substitution. Support each request with the following:

a) Complete data substantiating compliance of proposed substitution item(s) with the requirements stated in contract documents:

i) Product identification, including manufacturer’s name and address;

ii) Manufacturer’s literature, identifying:

(1) Product description;

(2) Reference standards, and;

(3) Performance and test data.

iii) Samples, as applicable (see AGAR 452.236-76);

iv) Name and address of similar projects on which the substitution product has been used, and date of the installation;

v) Comparative data of item(s) to be deleted through substitution. Include drawings to the same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated;

vi) Show the complete system/assembly as revised to accommodate the proposed alternative for difference in performance, size, configuration, connection(s) service, accessibility, or any other signification characteristics;

vii) Show the complete layout of the system except that which is identical to contract documents, unless unchanged portion must be shown to indicate clearances, etc.;

viii) Include complete detail drawings of supports for all substitute equipment, and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

(1) Itemized comparison of the proposed substitution with product specified; list significant variations.

(2) Data relating to changes in construction schedule.

(3) Any effect of substitution on separate contracts.

(4) List of changes required in other work or products.

(5) Accurate cost data comparing proposed substitution with product specified.

(6) Proposed amount of change to the contract value.

(7) Designation of required license fees or royalties.

(8) Designation of availability of maintenance services, and/or sources of replacement materials.

3) Substitutions will not be considered for acceptance when:

a) They are merely indicated or implied on shop drawings, or product data submittals without a formal request received from the Contractor;

b) They are requested directly by a subcontractor or supplier;

c) Acceptance will require substantial revision of contract documents, or;

d) Substitution has not been requested IAW this and related contract clauses.

4) Substitute products must not be ordered or installed without written acceptance by the CO.

5) The CO will determine acceptability of proposed substitutions in consultation with other Government employees with knowledge of the project and/or product(s).

6) Number of Substitution Submittals: only one proposed alternative will be considered for each substituted item. The Contractor must provide the originally-specified item(s) if the substitution proposal is rejected.

C.15 – Contractor Substitution Request Representation and Responsibilities

1) In making a formal request for substitution of item(s), the Contractor represents that they:

a) Have investigated the product proposed to substitute the originally-specified item, and have determined that it is either equal to, or superior to, the original item in all respects to that originally-specified item;

b) Will provide the same or better warranties and bond(s) for the substitute as for the originally-specified item;

c) Will coordinate the installation of any accepted substitution into the work, and will make such changes as may be required for the work to be completed in all respects;

d) Will waive any and all claims for additional costs caused by substitution, which may not be readily apparent, and may become apparent only subsequently, and;

e) Cost data is complete and includes related costs under the contract, other than:

i) Costs under separate contracts, and;

ii) CO costs for redesign or revision of contract documents.

2) The Contractor assumes full responsibility that the substitution and/or alternate item(s) or procedure(s) will meet the job requirement(s).

3) The Contractor is solely responsible for the cost of redesign and modification(s) to this and other parts of the work caused by the substitution(s) or alternate item(s) furnished.

SECTION D – PACKAGING AND MARKING

D.1. – AGAR Clause(s) <Reserved>

D.2 – Project Labeling for Official Correspondence The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent and/or identify and awarded contract or project. The Government-issued contract number must be referenced on all official communication, including but not limited to emails, starting upon written notice of contract award.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 – FAR Clause(s) 52.246-12 Inspection of Construction (Aug 1996

E.2 – AGAR Clause(s) 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: 612 Second Street, Cordova AK

E.3 – Contractor’s Quality Control Plan

1) The Contractor shall provide a quality control plan, which is mutually agreed upon with the Contracting Officer. This plan shall describe the Contractor’s method for ensuring all work meets the contract requirements. At minimum, the Quality Control Plan shall outline how the quality of work will be monitored, how the work crew will be supervised, and who will perform the quality control function. The Contractor shall provide the Contracting Officer with documentation of quality control inspections upon request.

2) The Contractor shall, within five (5) days from receipt of a request from the Contracting Officer, submit a progress schedule to complete all work ordered within the time required by the Period of Performance. If the Contractor falls behind schedule, the Contractor shall take such action as necessary to recover. The Contracting Officer may require the Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time stated in the Period of Performance.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – FAR Clause(s) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984 Fill In: (a)-…within ten (10) calendar days of receiving the contract award (c)-…not later than 30 June 2021

52.242-14 Suspension of Work (Apr 1984) 52.242-17 Government Delay of Work (Apr 1984)

F.2 – AGAR Clause(s) 452.211-74 Period of Performance (Feb 1988) The period of performance of this contract is from date of award through 30 June 2021

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 – AGAR Clause(s) <Reserved>

G.2 – Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

1) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform

(IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt

Payment clause included in the contract. The IPP website address is: https://ipp.gov. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

2) Final Payment. The final invoice must be accompanied by a release of 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.

Final payment will not be approved without a properly executed Contract Release, Form FS-6300-16.

3) In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information, and a spreadsheet detailing the payment breakdown IAW the CLINs in the Schedule of Items, Section B (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments under Fixed Price Construction Contracts).

G.3 – Invoicing for Mobilization Mobilization includes movement of all personnel, equipment, and materials to the project site (under location of work as stated within the Statement of Work/Specifications below) that are necessary to complete the work. Invoices for mobilization will be paid at the contract price as stated in the Schedule of Supplies/Services.

When 5 percent of the original contract amount for other Items is earned through acceptance, then 50 percent of the Mobilization amount, or 5 percent of the original contract amount for other Items, whichever is less, will be paid.

When 10 percent of the original contract amount for other Items is earned through acceptance, then 100 percent of the Mobilization amount, or 10 percent of the original contract amount for other Items, whichever is less, will be paid.

Any remaining portion of the Mobilization amount will be paid after final acceptance and invoicing.

G.4 – Invoice Progress Payment Certification IAW FAR 52.232-5 Payments Under Fixed Price Construction Contracts, along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made (however, if the Contractor elects to delete paragraph (4) from the certification, the certification is still acceptable):

I hereby certify, to the best of my knowledge and belief, that –

(1) The amounts requested are only for performance IAW the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, IAW subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier IAW the term and conditions of the subcontract, and;

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

Name and Signature Title Date

G.5 – Contract Administration Personnel

1) This contract will be administered by the Administrative Contracting Officer (ACO)located at:

Alaska Region, Acquisition Management Attn: Jonathan Gellings PO Box 21628 Juneau, AK 99802

2) All matters related to the performance of this contract shall be coordinated through the Contracting Officer (CO).

G.6 – Designation of Contracting Officer’s Representative (COR)

1) The CO designates the COR. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and https://ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO prior to completion of the contract.

2) The CO should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided that they do not affect the delivery schedule or performance period stated in the contract).

3) On all matters that pertain to the contract terms and conditions, the contractor must communicate with the CO. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR.

If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time and circumstance permit. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim IAW FAR 52.233-1 Disputes.

G.7 – Contractor’s Designated Representative It is required that the Contractor have a designated representative available on the project during the entire project and that the representative will be able to understand, read, and speak the English language. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the CO. Such a designation shall clearly indicate the name and limitation(s) (if any) of authority of the representative.

G.8 – Worker’s Compensation Laws Alaska state law requires that most employers have Worker’s Compensation Insurance for their employees. The Forest Service furnishes contract award information to the Alaska Department of Labor. Failure to comply with the state worker’s compensation laws can be a felony offense in Alaska. For the definitions of “employer,” “employee,” and subcontractor,” rates of compensation, and other pertinent information, contact:

Alaska Department of Labor Workers Compensation Division

Special Investigations Unit PO Box 115512

Juneau, AK 99802-5521

(907) 465-5875

1-888-372-8330 (toll free), (907) 465-2797 (FAX)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 – FAR Clause(s) <Reserved>

H.2 – AGAR Clause(s)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 – FAR Clause(s) 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as it they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov http://farsite.hill.af.mil https://www.dm.usda.gov/procurement/policy/agar.htm 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (Jan 2020) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.219-28 Post-Award Small Business Program Re-representation (May 2020) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 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) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) http://www.acquisition.gov/ http://farsite.hill.af.mil/ https://www.dm.usda.gov/procurement/policy/agar.htm

52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination – Debarment (May 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.225-9 Buy American Act – 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:

___________________<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 material description Unit of measure Quantity Price (dollars)*

Item 1 Foreign construction material Domestic construction material Item 2 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).] 52.227-4 Patent Indemnity – Construction Contracts (Dec 2007) 52.228-13 Alternative Payment Protections (Jul 2000) **Applicable if resulting award is over $35k, up to $150k.

Fill-In: (a) Payment Bond or Irrevocable Letter of Credit. (c) 10 days.

52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-21 Specifications and Drawings for Construction (Feb 1997 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994), Alternate I (Apr 1984) 52.248-3 Value Engineering – Construction (Oct 2015) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.252-4 Alterations in Contract (Apr 1984 Portions of this contract are altered as follows:

I.2 – AGAR Clause(s) 452.211-73 Attachments to Statement of Work/Specifications (Feb 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction (Nov 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

The following attachment(s) are hereby made a part of the solicitation and any resultant contract(s):

Title Pages Construction Wage Rates, General Decision Number: AK20200001, M03, 26 June 2020 13 Office Parking Lot Light Replacement - Statement of Work 3 Cordova Light Pole Drawings – 17 Sep 2020 2

NOTE: In compliance with the Paperwork Reduction Act, Sections K, L, and M, which apply only to the Solicitation, are not duplicated after contract award. However, Section K will be incorporated by reference into any resulting contract(s).

“The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720- 2600 (voice and TCC). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.”

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 – FAR Provision(s) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements

– Representation (Jan 2017) 52.204-8 Annual Representations and Certifications (Jan 2020) [(DEVIATION JUL 2020)]

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238210 Electrical Contractors and Other Wiring Installation Contractors

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

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

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

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

(i) □ Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

This provision applies to all solicitations.

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

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

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

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

52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Predecessor of Offeror (Aug 2020)

(a) Definition. As used in this clause– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change of name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil.

Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or…