RFQ0335FennIrrig.docx
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- Solicitation number
- 12034318Q0335
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| Specs.docx | DOCX document | |
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| PastPerformanceSurvey.docx | DOCX document | |
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REQUEST FOR QUOTATION
PAGE OF PAGES
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| X |
| IS |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 35 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| 12034318Q0335 |
| 9/13/2018 |
| 926822 |
| UNDER BDSA REG. 2 |
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
USDA Forest Service, Region 1 AQM, IMAT 3815 Schreiber Way Coeur d’Alene, ID 83815 See Section F
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
FOB DESTINATION
| NAME |
| TELEPHONE NUMBER |
| X |
| OTHER (See Schedule) |
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
Rita J Loper, CO Kalven Metz, Technical 765-7497 926-6409
a. NAME OF CONSIGNEE Idaho Panhanlde NF Bonners Ferry Ranger District
8. TO:
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
| c. STREET ADDRESS |
| c. CITY |
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date) |
| IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a. This request does not commit the Government to pay any costs incurred in the preparation of the |
| 9/24/2018 4:00 pm (pacific) |
| submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. |
11. SCHEDULE (Include applicable Federal, State and local taxes)
| ITEM NO. |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| (a) |
| (b) |
| (c) |
| (d) |
| (e) |
| (f) |
| Fenn Irrigation |
Nez Perce Clearwater National Forests Moose Creek Ranger District Idaho County, Idaho
Price Range between $25,000 and $100,000
Place your quote in Section B, Schedule of Items. Complete SF18, Section B, Section K, Experience Questionnaire and see Section L for instructions.
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS |
| c. 30 CALENDAR DAYS |
| d. CALENDAR DAYS |
12. DISCOUNT FOR PROMPT PAYMENT
| (%) |
| (%) |
| NUMBER |
| PERCENTAGE |
| NOTE: Additional provisions and representations |
| X |
| are |
are not attached.
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF |
| a. NAME OF QUOTER |
| SIGN QUOTATION |
| QUOTATION |
DUNS NO.
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or print) |
| b. TELEPHONE |
c. COUNTY
AREA CODE
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| c. TITLE (Type or Print) |
| NUMBER |
NSN 7540-01-152-8084
Previous edition not usable
| 18-121 |
| STANDARD FORM 18 (Rev. 6-95) |
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
Construction RFQ 12034318Q0335 Fenn Irrigation Page 21 of 33
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES
Fenn Irrigation Moose Creek Ranger District Nez Perce Clearwater National Forests Idaho County, Idaho
B-1 SCHEDULE OF ITEMS
| ITEM No. |
| ITEM DESCRIPTION |
| PAY |
UNIT
EST
QUANTITY
UNIT
PRICE
TOTAL
PRICE
| 1001 |
| Mobilization |
| LS |
| 1.00 |
| xx |
| 2316 |
| Excavating, Trenching and Backfilling for Utilities Systems |
| LF |
| 1200 |
TOTAL ALL ITEMS
B-2 Payment for Bond Premiums (payment protection is required above $35,000) Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include payment bond payments under 15101 Mobilization.
Under FAR 52.236-7 Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491. See Section G.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Project Description and Location
a. This project is a Health and Safety project located at the Fenn Ranger Station, Moose Creek Ranger District. The purpose of this project is to install a new section of 6” PVC irrigation water line tied into the existing 8” wood stave water line with an approximate length of 1,200 LF. This will require trenching and excavating along a hillside to termination at a natural drainage.
This project will be to trench and install a new irrigation line at a depth of 36” as staked along the hillside behind the Fenn Ranger Station. This will require coupling a 6”PVC line to the 8” wood stave water line. The new irrigation line shall be pressure tested prior to being brought into service. All work and materials incidental to completion of project shall be the contractor’s responsibility. This will require coordinating with the CO/COR any service interruptions of other utilities at the site. It is the contractor’s responsibility to locate utilities prior to start of work.
b. b Project Location. The project is located at the Fenn Ranger Station on the Selway River. From Kooskia, ID, travel approximately 24 miles east on highway 12 and turn right onto Selway River Road, FSR #223. Travel approximately 5 miles. Turn left into Fenn Ranger station and travel 500 feet to the cluster of buildings. Irrigation line will start in meadow located to the North-West and travel along hillside behind the Rangers Station to termination with natural drainage to the East of the Station. Transportation facilities on all roads to the site are paved two-lane roads. The Selway Road, Forest Service Road 223, however is not plowed from snow in the winter.
Aggregate for project is located at the O’Hara Bar Pit. O’Hara Bar Pit is located on F.S. Road 651. From the Fenn Ranger Station travel approximately 2.2 miles on the Selway Rd to the bridge and intersection of the 651. Turn right and travel approximately 0.4 miles to the Pit located on the right hand side
C-2 - Standard Specifications. Work will be performed in accordance with the specifications attached in this contract package
C-3 AGAR 452.211-4 Attachments to Statements 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.
C-4 Biobased Product Utilization The Contractor must comply with the Agricultural 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 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 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.
The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).
The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
(*Sample of biobased products for construction projects)
| Grease Removers | Insulating Foam | Concrete and Asphalt Release Fluids |
| Fluid-filled Transformers | Wood and Concrete Sealers | Composite Panels |
| Adhesive and Mastic Removers | Carpets | Roof Coatings |
| Hydraulic Fluid | Water Tank Coatings |
Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.
In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.
Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).
A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.
SECTION E - INSPECTION AND ACCEPTANCE
E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
F- 2 FAR 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 November 16, 2018. The time stated for completion shall include final cleanup of the premises.
NOTE: Once work begins, performance shall be continuous and uninterrupted through completion. Timeline is required to be submitted with quote.
SECTION G – CONTRACT ADMINISTRATION DATA
AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES
http://www.dm.usda.gov/procurement/policy/agar.html
G-1 AGAR 452-215-73 Post Award Conference (NOV 1996). A post award conference with successful offeror is required. It will be scheduled and held before work begins, after the date of contract award. The conference will be held at a location to be determined as agreed upon.
G-2 Government-Furnished Property. Aggregate.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H- 1 Use of Premises The contractor shall comply with the regulations governing the operations of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business. Contractor is allowed use of electrical, water, sewer at the site. The contractor shall give notice 3 business days in advance before closure of office or building space.
H-2 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.
H- 3 AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
On-site Contractor Representative (on-site supervisor)
(b) During the first ninety (90) days of performance, 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 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 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 15 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-4 AGAR 452.236-77 Emergency Response (NOV 1996)
(a) Contractor’s Responsibility for Fire Fighting.
(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.
(2) 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.
(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.
(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.
H-5 Incidental Payment Items The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.
H-6 Invoice Processing Platform (IPP)
The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.
Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.
H-7 Contractor Performance Assessment Reporting System (FEB 2011)
(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system.
(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative may be required.
(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation may be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.
H-8 Idaho Workers’ Compensation Law
(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.
(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in Section J and shall be completed and submitted as part of the offer.
(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) |
| 52.204-13 | System for Award Management Maintenance (OCT 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) |
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) |
| 52.211-18 | Variation in Estimated Quantity (APR 1984) |
| 52.216-7 | Allowable Cost and Payment – Alternate I (Feb 1997) |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) |
| 52.219-28 | Post-Award Small Business Program Rerepresentation (JUL 2013) |
| 52.222-3 | Convict Labor (JUNE 2003) |
| 52.222-6 | Construction Wage Rate Requirements (MAY 2014) |
| 52.222-7 | Withholding of Funds (MAY 2014) |
| 52.222-8 | Payrolls and Basic Records (MAY 2014) |
| 52.222-9 | Apprentices and Trainees (JULY 2005) |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) |
| 52.222-11 | Subcontracts (Labor Standards) (MAY 2014) |
| 52.222-12 | Contract Termination--Debarment (MAY 2014) |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related Regulations |
(MAY 2014)
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) |
| 52.222-15 | Certification of Eligibility (MAY 2014) |
| 52.222-21 | Prohibition of Segregated Facilities (APR 2015) |
| 52.222-26 | Equal Opportunity (SEP 2016) |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (APR 2015) |
| 52.222-36 | Equal Opportunity for Workers with Disabilities (JUL 2014) |
| 52.222-50 | Combating Trafficking in Persons (MAR 2015) |
| 52.222-55 | Minimum Wages Under Executive order 13658 (DEC 2015) |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706 (JAN 2017) |
| 52.223-3 | Hazardous Material Identification and Material Safety Data – Alternate I (JULY 1995) |
| 52.223-17 | Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) |
| 52.224-1 | Privacy Act Notification (APR 1984) |
| 52.224-2 | Privacy Act (APR 1984) |
| 52.224-3 | Privacy Training (JAN 2017 |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUNE 2008) |
| 52.227-4 | Patent Indemnity--Construction Contracts (DEC 2007) |
| 52.228-2 | Additional Bond Security (OCT 1997) |
| 52.228-11 | Pledges of Assets (JAN 2012 |
| 52.228-12 | Prospective Subcontractor Requests for Bonds (MAY 2014) |
| 52.228-14 | Irrevocable Letter of Credit (NOV 2014) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (MAY 2014) |
| 52.232-23 | Assignment of Claims (MAY 2014) |
| 52.232-27 | Prompt Payment for Construction Contracts (JAN 2017) |
| 52.232-33 | Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) |
| 52.232-39 | Unenforceability of Unauthorized Obligations (JUN 2013) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) |
| 52.233-1 | Disputes – Alternate I (MAY 2014) |
52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
| 52.236-2 | Differing Site Conditions (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)
| 52.236-17 | Layout of Work (APR 1984) |
| 52.236-21 | Specifications and Drawings for Construction (FEB 1997) |
| 52.243-5 | Changes and Changed Conditions (APR 1984) |
| 52.245-1 | Government Property (JAN 2017) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) |
| 52.249-10 | Default (Fixed-Price Construction) (APR 1984) |
| 52.249-14 | Excusable Delays (APR 1984) |
| 52.251-1 | Government Supply Sources (APR 2012) |
| 52.253-1 | Computer Generated Forms (JAN 1991) |
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
| 452.224-70 | Confidentiality of Information (FEB 1988) |
| 452.232-70 | Reimbursement for Bond Premiums – Fixed-Price Construction Contracts |
| 452.236-73 | Archeological or Historic Sites (FEB 1988) |
452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)
I-2 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sept 2013)
(a) In the performance of this contract, the Contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
I-3 FAR 52.225-9 Buy American–Construction Materials. (May 2014)
(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) 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
(4) 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).]
I-4 FAR 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.
The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.
(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.
I-5 FAR 52.228-13 Alternative Payment Protections. (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
Payment Bond Irrevocable Letter of Credit (ILC) Money orders, drafts, cashier’s checks, or certified checks
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
I-6 AGAR 452.228-70 Alternative Forms of Security (NOV 1996) If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.
I-7 FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013)
(a) As used in this clause—
“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.
“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.
“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.
“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.
(b) (1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.
(2) Taxes imposed under 26 U.S.C. 5000C may not be—
(i) Included in the contract price; nor
(ii) Reimbursed.
(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.
(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.
(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.
I-8 FAR 52.252-4 Alterations in Contract (APR 1984) Portions of this contract are altered as follows:
52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
I-9 Order of Precedence--Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
| (a) The Schedule (excluding the Specifications) (Sections A-H). |
| (b) The representations and other instructions (Sections K and L). |
| (c) Contract clauses (Section I). |
| (d) Special Project Specifications. |
| (e) General Specifications. |
| (f) Drawings and Exhibits (Section J). |
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
The following attachments are a part of this solicitation and any resulting contract (see separate documents).
J-1 Wage Rate Decision No. ID180051, dated 9/7/2018 This project is located in Zone 2
| J-2 | Specifications |
| SECTION 01010 SUMMARY OF WORK | 1 |
| SECTION 01011 MOBILIZATION | 4 |
| SECTION 01025 DEFINITION OF BID ITEMS AND MEASUREMENT AND PAYMENT | 5 |
| SECTION 01140 WORK RESTRICTIONS | 9 |
| SECTION 01732 SELECTIVE DEMOLITION | 10 |
| SECTION 02230 SITE CLEARING | 15 |
| SECTION 02240 DEWATERING | 18 |
| SECTION 02316 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS | 20 |
| SECTION 02510 WATER DISTRIBUTION | 26 |
J-3 DRAWINGS
| Description | Sheet | |
| Irrigation Line Route | Sheet 1 of 2 | |
| Trench Detail | Sheet 2 of 2 |
The following are a part of this solicitation.
J-4 Experience Questionnaire, 2 pages
J-5 Past Performance Survey (optional use)
General Decision Number: ID180051 09/07/2018 ID51
Superseded General Decision Number: ID20170051
State: Idaho
Construction Type: Heavy HEAVY CONSTRUCTION, Including water and sewer line construction and heavy construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites
County: Idaho County in Idaho.
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/05/2018 1 01/19/2018 2 03/02/2018 3 04/06/2018 4 05/11/2018 5 06/15/2018 6 07/20/2018 7 09/07/2018
CARP0001-045 06/01/2017
Rates Fringes
CARPENTER (Form Work Only).......$ 32.32 16.14
ELEC0073-011 07/01/2018
Rates Fringes
ELECTRICIAN......................$ 34.00 18.67
ENGI0370-041 06/01/2018
AREA NORTH OF 46th PARALLEL IN IDAHO COUNTY
Rates Fringes
POWER EQUIPMENT OPERATOR:
Backhoe (45,000 gw & under), Cranes (25 tons & under), Drill (8 in bit and over
GROUP 5....................$ 28.76 15.95
Backhoe (45,000-110,000 gw), Crane (25-45 tons), Bulldozer (D-6 and over), Grader/Blade, Front-End Loader(4-8 yds), Paver, Scrapers (all)
GROUP 6....................$ 29.04 15.95
Backhoe (over 110,000 gw), Cranes (45-85 tons), Heavy Duty Mechanic, Front End Loader (8-10 yds)
GROUP 7....................$ 29.31 15.95
Bulldozer (up to D-6)
GROUP 3....................$ 28.44 15.95
Cranes (85 tons & over), Front End Loader (10 yds & over)
GROUP 8....................$ 30.41 15.95
Front End Loader (under 4 yds)
GROUP 4....................$ 28.60 15.95
Rollers (all)
GROUP 1....................$ 27.51 15.95
ZONE PAY:
ZONE CENTERS: SPOKANE, PASCO, LEWISTON
ZONE 1: 0-45 Miles: Free ZONE 2: 45 Miles & Over: $2.00
BOOM PAY (ALL CRANES):
(A): 180'-250': $.50 over scale (B): over 250': $.80 over scale
ENGI0370-042 01/01/2018
AREA SOUTH OF 46th PARALLEL IN IDAHO COUNTY
Rates Fringes
POWER EQUIPMENT OPERATOR:
Blade Operator, Backhoe (3/4 yds- 31/2 yds), Cranes (up to and including 50 tons), Drilling (bit under 8in), Front End Loader (over 4 yds to and including 7yds), Paver, Scraper (up to and including 40 yds)
GROUP 6....................$ 29.67 12.05
Bulldozer, Scraper (over 80 yds to 100 yds)
GROUP 8....................$ 30.27 12.05
Cranes (over 50 tons), Drill (bit 8 in and over), Grader (Fine), Front End Loader (over 7 yds), Heavy Duty Mechanic, Scrapers (over 40 yds to 60 yds), Tower Crane
GROUP 7....................$ 30.04 12.05
Elevating Grader Operator, Backhoe (under 3/4 yds)
GROUP 5....................$ 29.50 12.05
Front End Loader (up to 4yd)
GROUP 4....................$ 29.33 12.05
Roller
GROUP 3....................$ 29.02 12.05
Scraper (over 100 yds)
GROUP 10...................$ 30.75 12.05
ZONE PAY:
Zone 1 0 - 30 miles: Free Zone 2 30 - 60 miles: $25.00/per day Zone 3 More than 60 miles: $30.00/per day
If a project is located in more than one zone the lower zone rate shall apply
ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST
OFFICES:
BOISE: 304 N. 8TH STREET
TWIN FALLS: 253 2ND AVE. WEST
POCATELLO: CLARK STREET
IDAHO FALLS: 875 NORTH CAPITAL AVE.
BOOM PAY: All Cranes and Concrete Pump Boom Trucks 100 ft to 150 ft $.15 over scale 150 ft to 200 ft $.30 over scale Over 200 ft $.45 over scale
* IRON0014-006 07/01/2018
Rates Fringes
IRONWORKER, REINFORCING AND
STRUCTURAL.......................$ 33.18 27.82
LABO0155-007 01/01/2018
PART OF IDAHO COUNTY SOUTH OF 46th PARALLEL
Rates Fringes
LABORER (Common-PIPELINE ONLY)...$ 27.44 12.67
LABO0155-009 01/01/2018
IDAHO COUNTY South of 46th Parallel
Rates Fringes
LABORER
Asphalt Laborer Includes Asphalt Raker, Shoveler, Spreader, and Distributor...$ 27.44 12.67 Flagger, Common or General Laborer.....................$ 27.44 12.67
LABO0238-029 06/01/2017
IDAHO COUNTY North of 46th Parallel
Rates Fringes
LABORER (PIPELINE ONLY)
Common......................$ 26.28 12.15
LABO0238-032 06/01/2018
IDAHO COUNTY North of 46th Parallel
Rates Fringes
LABORER
Asphalt Laborer Includes Asphalt Raker, Shoveler, Spreader, and Distributor Group 4....................$ 27.38 12.35 Common or General Group 2....................$ 26.84 12.35 Flagger Group 1A...................$ 24.74 12.35
Zone Differential (Add to Zone 1 rates): Zone 2 - $2.00
BASE POINTS: Spokane
Zone 1: 0-45 radius miles from the main post office.
Zone 2: 45 radius miles and over from the main post office
PLAS0072-003 06/01/2018
BENEWAH, BONNER, BOUNDARY, CLEARWATER, IDAHO (NORTH OF THE 46TH
PARALLEL), KOOTENAI, LATAH, LEWIS AND NEZ PERCE AND SHOSHONE
COUNTIES
ZONE 1:
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 29.07 14.13
Zone Differential (Add to Zone 1 rate): Zone 2 - $2.00
BASE POINTS: Spokane, Pasco, Lewiston, Wenatchee
Zone 1: 0-45 radius miles from the main post office
Zone 2: Over 45 radius miles from the main post office
SUID2010-044 08/08/2012
Rates Fringes
CARPENTER, Excludes Form Work....$ 29.92 5.20
LABORER: Landscape..............$ 22.13 11.13
LABORER: Pipelayer..............$ 17.67 7.26
OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 20.97 0.00
OPERATOR: Concrete Batch Plant............................$ 24.94 11.96
OPERATOR: Forklift..............$ 21.20 0.00
TRUCK DRIVER: Dump Truck........$ 24.70 12.10
TRUCK DRIVER: Lowboy Truck......$ 21.00 12.10
TRUCK DRIVER: Water Truck.......$ 24.48 11.67
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an…
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