Solicitation for AC and Heating Units 20Q0154.pdf

12034320Q0154 Install 18 Single Zone A/C & Heating Units

Region 1 Aerial Fire Depot

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 42

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

12034320Q0154 07/20/2020 997337 5a. ISSUED BY 6. DELIVER BY (Date)

USDA Forest Service Region 1, RO, AQM 24 Fort Missoula Road Missoula, MT 59804

June 1, 2021

5b. FOR INFORMATION CALL (NO COLLECT CALLS) DESTINATION:

Aerial Fire Depot Northern Region R1, Missoula, MT 59804

NAME TELEPHONE NUMBER

CO: ------- Lori Austad lori.austad@usda.gov COR--- Frank Castillo frank.castillo@usda.gov

Cell 406 499-1353

406-829-6929

(c) 406-370-5891

10. Please furnish quotations to the issuing office in block 5A on or before close of business:

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 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.

August 11, 2020 Fax quotes not accceptable

Email to lori.austad@usda.gov

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

18 new ductless single zone cooling units w/ heating units. Units shall be complete with wall mounted fan coil unit, outdoor remote condensing unit, wireless infrared controller, refrigerant lines, condensate hose, and electrical wiring.

NAICS:238220

$16.5 Million

Total $_______

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 sign quotation 15. DATE OF

a. NAME OF QUOTER QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

d. CITY e. STATE f. ZIP CODE

AREA CODE

TAXPAYER ID NUMBER (SSN OR TIN) DUNS NUMBER If assigned 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) mailto:lori.austad@usda.gov mailto:frank.castillo@usda.gov mailto:lori.austad@usda.gov

PART 1 – THE SCHEDULE

AERIAL FIRE DEPOT DORMITORY AIR-CONDITIONING REPLACEMENT PROJECT

BUILDING “D” AERIAL FIRE DEPOT / NORTHERN ROCKIES TRAINING CENTER

DORMITORY

B- 1 - BID SCHEDULE

BASE BID ITEM Building “D” = AFD Dormitory/Northern Rockies Training Center Method Pay of Estimated Pay Unit Item Item Item Description Meas. Quantity Unit Price Cost

1 Mobilization. LS 1 Lump Sum $ $

All work necessary to provide and Remove/Dispose of 18 ductless single zone cooling units at AFD Northern Rockies Training Center Dormitory Rooms. LS 1

Lump Sum $ $

TOTAL

COST: $

All work necessary provide Replace and install 18 new ductless single zone cooling unit w/ Heating unit at AFD Northern Rockies Training Center Dormitory Rooms. LS 1

TOTAL

COST: $

Option item #1

All work necessary to provide and install one ductless single zone cooling unit w/ Heating unit at AFD Northern Rockies Training Center Dormitory Common Area/TV Room. LS 1

Total Cost:

SPECIAL NOTES:

1. The bidder must bid on all items. Round to the nearest cent.

2. Work for the base bid items will be awarded. Forest Service has the option of awarding option items up to the time contractor begins work on site.

3. In the event of an error in extending the bid prices, unit prices will govern unless otherwise determined by the Contracting Officer in accordance with applicable regulations.

4. Offers for quantities less than those listed in the numbered items may be rejected.

5. 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 but can be included under Mobilization.

SECTION C - DESCRIPTION AND SPECIFICATIONS

C.1 PROJECT SCOPE

C.1.1. Description of work:

A. This project encompasses removal and disposal of 18 ductless A/C units. 100% replacement and installation of 18 new units in same locations. This location is a U.S. Forest Service Dormitory that is in use at time of contract. Logistic adjustments will be made for contractor during project.

B. The Contractor shall provide all labor and technicians necessary to remove and properly dispose of 18 single zone cooling units, which includes but is not limited to wall mounted cooling units, outdoor condensing unit, wireless infrared controller, refrigerant lines, condensate hose, and electrical wiring. All parts and equipment removed will become Contractors responsibility.

C. The Contractor shall provide and install 18 new ductless single zone cooling units w/ heating units. Units shall be complete with wall mounted fan coil unit, outdoor remote condensing unit, wireless infrared controller, refrigerant lines, condensate hose, and electrical wiring. Contractor shall be responsible for all electrical, mounting, placement and trim work required to make all units 100% operational. Contractor will provide minimum Two Year Operations Warranty. 5-7 year Warranty will include compressor & parts minimum.

OPTION ITEM:

• Contractor shall provide and install one ductless single zone cooling unit in Dormitory Common Area/TV Room. Contractor is responsible for all installation, trim work necessary to make wall mount unit operational.

• Contractor shall be responsible for all ground prep & electrical work required to ensure ALL units are operational & correct.

Building “D” Aerial Fire Depot / Northern Rockies Training Center Dormitory

D. Specifications:

• Installation of new approved ductless single zone cooling units per manufacturer specifications to maintain all applicable warranties.

• Government Provided materials: None

E. Recommended Cooling Units:

Mitsubishi M series or equivalent to @ 1-1.5 Ton capacity.

C.2 PERFORMANCE PERIOD

START & END Date is. Spring of 2021. Government is flexible, but may need to negotiate. The temperature outside should be at least 70 degrees to test new AC units accurately. Completion of projects is 45 days from the NTP. COVID-19 restrictions may apply in 2021.

C.3 UTILITIES & LOCATION

A. Electricity is available at the site at no cost to the Contractor.

B. Water is available at the site.

C. Sanitary facilities are available at the site. Contractor shall be responsible for keeping them in a clean, sanitary condition.

• Location: This work is at the Aerial Fire Depot in Missoula, MT. The Aerial

Fire Depot is located @ 5765 West Broadway. We are located ¼ mile west of Missoula International Airport. Follow signs for Smoke Jumper Center. We are on south side of Broadway road.

• Contract time: Contractor cannot delay work once project has begun.

• Contractor will be allowed 45 calendar work days for completion of project.

C.4 SPECIFICATIONS

SECTION 01 33 00 – SUBMITTAL PROCEDURES

PART 1 – GENERAL

1.01 PROCEDURES FOR SUBMITTALS

A. Reviewing, Certifying, Approving Authority: Contractor shall be responsible for reviewing and certifying that submittals are in compliance with contract requirements (Warranties, Installation specifications, Project work schedule, etc.).

B. Scheduling: Allow review period, beginning with receipt by approving authority that includes at least 5 working days for submittals for contracting officer approval. Period of review for submittals with contracting officer approval begins when Government Receives submittal from contractor. Period of review for each re-submittal is the same as for initial submittal.

C. Variations: Variations from contract requirements require Government approval pursuant to contract Clause entitled “FAR 52.236-21, SECTION 01 74 00 – CLEAN UP AND DISPOSAL

PART 1 – GENERAL

1.01 CLEAN UP

A. The contractor shall keep the work site free from accumulation of waste materials and rubbish resulting from the work. Clean areas daily as required to maintain a safe working site and living quarters.

B. Before final acceptance of the project by the Government, the contractor shall remove from the site all excess material, waste, and rubbish resulting from this work.

DISPOSAL

C. Waste and excess material:

1. Material that is either waste or in excess of the needs of the contractor shall be disposed of at the contractor’s expense in accordance with all local, state and federal regulations at an approved offsite location.

2. All old units and materials that come with once removed, become full property of contractor.

3. Burning of waste or excess material on site is not permitted.

1.02 Government Provided materials: None

1.3 CLEANLINESS AND WORKMEN LIKE MANNER

A. Project site shall be cleaned up prior to the end of each day and maintained in a neat and orderly manner. All excess materials, debris, and rubbish become the property of the Contractor and shall be removed on a daily basis unless otherwise approved by the CO or

COR.

B. Workmen Like Manner: CO and COR shall be sole judge of workmen-like manner and workmanship. CO and COR shall use industry standards as basis for judgment of workmanship.

1.4 COORDINATION AND SCHEDULING

A. The affected area in building is occupied. A schedule of work coordinated with other trade specialties shall be established and approved by the Contracting Officer Representative and or Facilities Base Manager. Contractor shall very closely coordinate with the Contracting Officer Representative and or Facilities Base Manager. Once Contractor has begun project at work site contractor must complete all aspects of awarded contract within 45 days.

C.5 SITE VISIT:

A site visit is scheduled for this project. Contactors shall attend prior to submitting bid.

Tuesday July 28th @ 10:00 a.m.

Contractors Interested in Submitting A Bid for This Project:

are to meet outside in front of Missoula Smokejumpers Visitors Center.

ADDRESS: 5765 West Broadway. Bldg. E, Missoula, MT 59808 All attendees must wear a Mask and Respect Social Distancing.

AGAR 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.

D - PACKAGING AND MARKING

{For this solicitation there are NO Clauses.}

E - INSPECTION AND ACCEPTANCE

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.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-12 Inspection of Construction. (AUG 1996)

F - DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work. (APR 1984) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) Alternative I

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 June 1, 2021.

The time stated for completion shall include final cleanup of the premises.

http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by Spring 2021. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

G - CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled after the date of contract award. The conference will be held at a date and time to be determined later.

H - SPECIAL CONTRACT REQUIREMENTS

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

Use of Premises

The Contractor shall comply with the regulations governing the operation 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.

I - CONTRACT CLAUSES

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

52.204-7 System for Award Management. (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2019) 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside. (MAR 2020) 52.219-28 Post Award Small Business Program Rerepresentation. (MAY 2020) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation. (MAR 2018) 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work. (MAY 2014) 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) 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 Requirement for Construction. (APR 2015) 52.222-50 Combating Trafficking in Persons. (JAN 2019) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction http://www.acquisition.gov/far

Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (AUG 2018) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds – Construction (JUN 2020) 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. (OCT 2018) 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. (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 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) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 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) 52.244-6 Subcontracts for Commercial Items. (JAN 2020) 52.245-1 Government Property. (JAN 2017) 52.245-9 Use and Charges. (APR 2012) 52.246-12 Inspection of Construction. (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

Alternative I (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

452.232-70 Reimbursement for Bond Premiums – Fixed Price Construction Contracts. (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-77 Emergency Response (NOV 1996)

52.222-36 Equal Opportunity for Workers With Disabilities. (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-9 Buy American - Construction Materials. (MAY 2014)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

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

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095976 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:

(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 or Balance of Payments Program.

(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 Quantity Price measure (dollars)* Item 1:

Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________ Item 2:

Foreign construction material ________ ________ ________ Domestic construction material ________ ________ ________

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228.13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

SF-25A, Payment Bond Irrevocable Letter of Credit (Portion of SF-25A shall be completed when utilizing ILC) Certified or Cashier’s Check, Bank Drafts, Money Orders or Currency.

(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.

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.

J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J-1: Wage Rate Requirements (Construction), Wage Determination: General Decision Number, MT20200005, Dated, 1/3/2020, 7 Pages, Attached.

J-2: Experience Questionnaire, 3 Pages, Attached.

J-3: 4 Images, 4 Pages Attached.

K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)

52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

FAR 52.204-8 Annual Representations and Certifications (MAR 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220

(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:

https://www.acquisition.gov/far

(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 I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its

Alternate II applies.

(D) 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:

[Contracting Officer check as appropriate.]

_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.

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract Line Item: ALL --NAICS Code: 238220 --Size Standard: $16.5 Million

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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.

Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

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

(c) Representation. The Offeror represents that—

It 0 will, 0 will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number, and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)

52.204-7 System for Award Management. (OCT 2018) 52.204-22 Alternative Line Item Proposal. (JAN 2017) 52.236-27 Site Visit (Construction). (FEB 1995)

QUOTE SUBMITTAL

Contractors wishing to submit a quote must include the following:

o SF-18, Request for Quotation o Completed Schedule of Items o Completed Section K o Completed Experience Questionnaire (J-2) o Acknowledgment of Amendments, if applicable

Quotations can be electronically mailed to: lori.austad@usda.gov

NOTE TO QUOTER: Per FAR 4.1102 vendors are required to be registered and ACTIVE in the System for Award Management (www.sam.gov) prior to submitting a quotation. Vendor shall be considered non-responsive if there is not an active registration at the time of Contracting Officer receiving quotation.

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm Fixed Priced contract resulting from this solicitation.

52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work. (MAY 2014) (a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html mailto:lori.austad@usda.gov http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P63_8740

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

2.7%

Goals for Female Participation for Each Trade

6.9% Nationwide

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal

Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Missoula County, MT.

(End of provision)

52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision,…