RFP_Includes_Attachment1.docx
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- Solicitation number
- 12034320R0001
- Issued by
-
Department of Agriculture Forest Service
About this file
This solicitation is for a construction project requiring the building of a new 15,000 square foot office in Kamiah, Idaho along with foundation construction and relocation of two smaller buildings. Work includes site preparation, foundation construction for three buildings, and installation of electrical, telecommunications and plumbing services. Additional requirements are construction of an access road, parking lot, and landscaping. The project aims for Green Globe Level 2 certification. Alternates include fencing, covered parking, furniture, and a photovoltaic system. The construction site is on Nez Perce tribal land, requiring compliance with tribal employment and tax ordinances. The estimated price range is $5-10 million. Proposals are due March 18th and award is planned for April 2020. Construction will be phased with foundations for the smaller buildings first, their relocation second, and the new office building last. Total time allotted is 475 days from notice to proceed. The contact is Karen Ruklic at the Idaho-Montana Acquisition Team.
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| CONSTRUCTION RFP thru FAC 2019-05 – 08/13/2019 | 12034320R0001 |
| New Supervisor’s Office Construction/Nez Perce-Clearwater National Forests | |
| Page 3 of 76 |
| CONSTRUCTION RFP thru FAC 2019-05 – 08/13/2019 | 12034320R0001 |
| New Supervisor’s Office Construction/Nez Perce-Clearwater National Forests | |
| Page 40 of 72 |
OFFEROR'S COPY
NOTE: Attached forms must be completed and submitted intact.
Issuing Office:
USDA – Forest Service Region 1, Acquisition Management ID MT Acquisition Team Grangeville Office 104 Airport Road Grangeville, ID 83530
Offers Are Solicited For:
New Supervisor’s Office Construction Nez Perce-Clearwater National Forests
Kamiah, Idaho – Lewis County
| Solicitation No. 12034320R0001 |
| HELP PREVENT FOREST FIRES |
IMPORTANT - NOTICE TO OFFEROR
1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.
2. Note: An offer guarantee (Bid Bond) IS REQUIRED. Performance and Payment Bonds will be required of the successful offeror. (See Section I, FAR Clause 52.228-15.)
FS-6300-45 (11/79)
| CONSTRUCTION RFP thru FAC 2019-05 – 08/13/2019 | 12034320R0001 |
| New Supervisor’s Office Construction/Nez Perce-Clearwater National Forests |
TABLE OF CONTENTS
Page(s)
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM 1 - 2
Standard Form 1442, Solicitation, Offer, and Award
SECTION B - SUPPLIES OR SERVICES AND PRICES 3 - 5
| B- 1 - Schedule of Items |
| B- 2 - Payment for Bond Premiums |
| B- 3 – Alternate Items (Option Items) |
| B- 4 – Offer Submittal |
| B- 5 – Idaho Use Tax |
| B- 6 – Tribal Employment Rights Ordinances |
SECTION C - DESCRIPTION/SPECIFICATIONS 6 - 8
| C- 1 - Scope of Contract |
| C- 2 - Project Location |
| C- 3 - Project Magnitude |
| C- 4 - Government-Furnished Property |
| C- 5 - Biobased Product Utilization |
| C- 6 – Project Manuals/Technical Specifications |
| C- 7 - Drawings |
SECTION E - INSPECTION AND ACCEPTANCE 9
E- 1 - Clauses Incorporated by Reference
SECTION F - DELIVERIES OR PERFORMANCE 10
| F- 1 - Clauses Incorporated by Reference |
| F- 2 - Commencement, Prosecution, and Completion of Work |
SECTION G – CONTRACT ADMINISTRATION 11
| G- 1 –Post Award Conference |
| G- 2 – Contracting Officer’s Representative |
| G- 3 – Government-Furnished Property |
SECTION H - SPECIAL CONTRACT REQUIREMENTS 12 - 16
| H- 1 - Use of Premises |
| H- 2 – Tribal Employment Rights Office Requirements |
| H- 3 – Indian Preference for Employment Opportunities |
| H- 4 - Key Personnel |
| H- 5 –Physical Data |
| H- 6 –Emergency Response |
| H- 7 - Incidental Payment Items |
| H- 8 - Conformity with Drawings and Specifications |
| H-9 - Barricades, Warning Signs, and Other Devices |
| H-10 - Weed Free Equipment |
H-11 - Invoice Processing Platform (IPP)
| H-12 - Contractor Performance Assessment Reporting System |
| H-13 - Idaho Worker’s Compensation Law |
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES 17 - 31
| I- 1 - Clauses Incorporated by Reference |
| I- 2 – Brand Name or Equal |
| I-3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts |
| I-4 - Foams |
| I-5 - Buy American--Construction Materials under Trade Agreements (Alternate I) |
| I-6 - Bid Guarantee |
| I-7 - Performance and Payment Bonds - Construction |
| I-8 - Alternative Forms of Security |
| I-9 - Insurance Coverage Alternate I |
| I-10 - Federal, State, and Local Taxes |
| I-11 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts |
| I-12 - Permits and Responsibilities |
| I-13 – Archaeological or Historic Sites |
| I-14 - Alterations In Contract |
| I-15 - Order of Precedence - Construction |
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 32 - 54
| J- 1 - Wage Rate Decision |
| J- 2 – Project Manual, Volume 1 |
| J- 3 – Project Manual, Volume 2 |
| J- 4 - Drawings |
| J- 5 – Lead Based Paint Report |
| J- 6 – Sample Nez Perce Tribal Employment Rights Office Complaince Plan and Agreement |
| J- 7 – Past Performance Questionaire |
PART IV - REPRESENTATIONS AND INSTRUCTIONS
| SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER | 55 - 61 |
| STATEMENTS OF OFFERORS AND RESPONDENTS |
K- 1 - Annual Representations and Certifications K- 2 - Incorporation by Reference of Representations and Certifications
| K- 3 - Information Regarding Responsibility Matters |
| K- 4 - Violation of Arms Control Treaties or Agreements-Certification |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 62 - 69 |
| AND RESPONDENTS |
| L- 1 - Solicitation Provisions Incorporated by Reference |
| L- 2 - System for Award Management |
| L- 3 - Inquiries |
L- 4 - Facsimile Proposals and E-Mail Proposals
| L- 5 - Instructions for the Preparation of Technical and Business Proposals |
| L- 6 - Amendments to Proposals |
| L- 7 - Type of Contract |
| L- 8 - Construction Wage Rate Requirements—Secondary Site of the Work |
| L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity |
for Construction
| L-10 - Notice of Buy American Requirements - Construction Materials Under Trade Agreements |
| L-11 - Service of Protest |
| L-12 - Site Visit (Construction) |
| L-13 - Preparation of Proposals – Construction |
| L-14 - Pre-Bid/Pre-Proposal Conference |
| L-15 - Alterations in Solicitation |
SECTION M - EVALUATION FACTORS FOR AWARD 70 - 72
| M- 1 - Evaluation Criteria |
| M- 2 - Award Statement |
| M- 3 - Evaluation of Alternate (Option) Items |
| CONSTRUCTION RFP thru FAC 2019-05 –08/13/2019 | 12034320R0001 |
| New Supervisor’s Office Construction/Nez Perce-Clearwater National Forests |
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
12034320R0001
2. TYPE OF SOLICITATION
|_| SEALED BID (IFB)
|_| NEGOTIATED (RFP)
3. DATE ISSUED
2/12/2020
| PAGE OF PAGES | |
| 1 of | 72 |
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
988340
6. PROJECT NUMBER
| 7. ISSUED BY | CODE |
| 8. ADDRESS OFFER TO |
USDA - Forest Service Region 1, Acquisition Management Grangeville Office 104 Airport Road Grangeville, ID 83530
USDA - Forest Service Region 1, Acquisition Management Grangeville Office
| 9. FOR INFORMATION |
| CALL: |
| a. NAME |
KAREN RUKLIC, Contract Specialist
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 208-983-5144; karen.ruklic@usda.gov
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):
New Supervisor’s Office Construction Nez Perce-Clearwater National Forests
Kamiah, Idaho Lewis County
Project Magnitude: The estimated price magnitude is between $5,000,000 and $10,000,000.
11. The Contractor shall begin performance within 10 calendar days and complete it within 475 calendar days after receiving |_| award, |_| notice to proceed. This performance period is |_| mandatory, |_| negotiable. (See Section F, Clause 52.211-10)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12b.)
| |_| YES | |_| NO | |
| 12b. CALENDAR DAYS |
| 13. ADDITIONAL SOLICITATION REQUIREMENTS: | |||
| a. | Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 4:00 pm local time March 18, 2020. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due. | ||
| b. | An offer guarantee | |_| is, | |_| is not required. (If “is required” see AGAR Clause 452.228-70) |
| c. | All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. | ||
| d. | Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. |
| STANDARD FORM 1442 (REV. 8/2014) |
| Prescribed by GSA - FAR (48 CFR) 53.236-1(d) |
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NUMBER (Include area code)
Duns No. _________________
CAGE Code (see FAR Provision 52.204-16) ____________
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
PLEASE COMPLETE THIS BLOCK
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
| AMENDMENT NUMBER |
| DATE |
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
| 24. SUBMIT INVOICES TO ADDRESS SHOWN IN |
| (4 copies unless otherwise specified) |
| ITEM |
| 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO | |
| |_| 10 U.S.C. 2304(c) ( ) | |X| 41 U.S.C. 3304(a) ( ) |
| 26. ADMINISTERED BY |
| 27. PAYMENT WILL BE MADE BY |
USDA - Forest Service Region 1, Acquisition Management Grangeville Office
All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
| |_| | 28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. |
| |_| | 29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary. |
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
N. JEANNE WINDLE
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES
New Supervisor’s Office Construction Nez Perce-Clearwater National Forests
Kamiah, Idaho Lewis County
B- 1 Schedule of Items - Offerors are required to price on all base items and alternate items.
| PAY ITEM |
| ITEM DESCRIPTION |
| UNIT OF MEASURE |
| EST. QTY |
| TOTAL PRICE |
NEW SUPERVISOR’S OFFICE AND ANNEX RELOCATION – BASE ITEMS
| 01 |
| Division 01 - General Condition |
| Lump Sum |
| All |
| $ |
| 02 |
| Division 02 – Existing Conditions (Including Demolition and Structure Moving) |
| Lump Sum |
| All |
| $ |
| 03 |
| Division 03 - Concrete |
| Lump Sum |
| All |
| $ |
| 04 |
| Division 04 - Masonry |
| Lump Sum |
| All |
| $ |
| 05 |
| Division 05 - Metals |
| Lump Sum |
| All |
| $ |
| 06 |
| Division 06 – Wood, Plastics, & Composites |
| Lump Sum |
| All |
| $ |
| 07 |
| Division 07 - Thermal & Moisture Protection |
| Lump Sum |
| All |
| $ |
| 08 |
| Division 08 - Openings |
| Lump Sum |
| All |
| $ |
| 09 |
| Division 09 - Finishes |
| Lump Sum |
| All |
| $ |
| 10 |
| Division 10 - Specialties |
| Lump Sum |
| All |
| $ |
| 11 |
| Division 14 – Conveying Equipment (Elevator) |
| Lump Sum |
| All |
| $ |
| 12 |
| Division 21 – Fire Supression |
| Lump Sum |
| All |
| $ |
| 13 |
| Division 22 - Plumbing |
| Lump Sum |
| All |
| $ |
| 14 |
| Division 23 - HVAC |
| Lump Sum |
| All |
| S |
| 15 |
| Division 26 - Electrical |
| Lump Sum |
| All |
| $ |
| 16 |
| Division 27 – Communications |
| Lump Sum |
| All |
| $ |
| 17 |
| Division 28 – Electronic Safety & Safety |
| Lump Sum |
| All |
| $ |
| 18 |
| Division 31 – Earthwork |
| Lump Sum |
| All |
| S |
| 19 |
| Division 32 – Exterior Improvements |
| Lump Sum |
| All |
| $ |
| 20 |
| Division 33 - Utilities |
| Lump Sum |
| All |
| S |
TOTAL PRICE: NEW SUPERVISOR’S OFFICE &
ANNEX RELOCATION (Items 1-20)
Note: In addition to the Schedule of Items (Base Items) breakout above, provide a lump sum price for 1.) the new Supervisor's Office and 2.) relocation and improvements of the annexes. These two values should together sum to the overall Base Bid total, above. This information is intended for Government accounting purposes only and will not be used for calculating values for payment.
Lump Sum Total Price – New Supervisor’s Office: $_________________________________________ Lump Sum Total Price – Relocation and Improvement of Annexes: $___________________________
Award of Alternate Items are contingent upon available funding and not listed in any order of importance or ranking.
PAY
ITEM
| ITEM DESCRIPTION |
| UNIT OF MEASURE |
| EST QTY |
| TOTAL PRICE |
| 01A |
| Alternate 1 – Fleet Parking Fence, Automated Gate & Personnel Gate |
| Lump Sum |
| All |
| $ |
| 02A |
| Alternate 2 – Covered Motorcycle/Bike Parking & Picnic Area Structure |
| Lump Sum |
| All |
| $ |
| 03A |
| Alternate 3 – Interior Furniture & Systems Furniture |
| Lump Sum |
| All |
| $ |
| 04A |
| Alternate 4 – Roof Mounted Photovoltaic System |
| Lump Sum |
| All |
| $ |
| TOTAL AMOUNT OFFERED (ALTERNATE ITEMS 01A-04A): |
| $ |
TOTAL AMOUNT OFFERED
(ALL BASE & ALTERNATE ITEMS):
B- 2 Payment for Bond Premiums
Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.
B-3 Alternate Items (Option Items)
The Government may require performance of work required within the numbered line item, identified in the Schedule as an alternate item, in the quantity and at the price stated in the Schedule of Items. The Government reserves the unilateral right to award/exercise any/all of the alternate item(s) by written notice to the Contractor no later than January 31, 2021. Performance of awarded alternate items shall follow the period of performance outlined in Section F-2 for Phase 3. Award of alternate item(s) is contingent on availability of funds and what is in the best interest of the government.
B-4 Offer Submittal As your offer, submit a completed and signed original Standard Form 1442, a completed Schedule of Items (Section B-1), a Technical Proposal, an original bid bond, and a completed Section K. For government filing purposes, offerors shall also submit an electronic file containing of all offer documents on a USB drive with its hardcopy offer. Technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information. Electronic or facsimile proposals are NOT acceptable.
B-5 Idaho Use Tax
Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, Tribal and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding the applicability of the Idaho Use Tax to the performance of this contract should be directed to the Idaho State Tax Commission at (208) 799-3491.
See Section G-3 for a description of the GFP to be provided under this contract.
B-6 Tribal Employment Rights Ordinances
This project is located on Indian lands of the Nez Perce Tribe which has enacted Tribal Employment Rights Ordinances governing employment practices and taxes levied on all CONTRACTORS AND SUBCONTRACTORS working on Tribal lands. The Contractor shall comply with the requirements of the tribal special provisions.
Contract with the Nez Perce Tribe shall be made through TERO Compliance Officer – Melvin Wheeler, Nez Perce Tribe, P.O. Box 365, Lapwai, ID 83540, telephone 208-843-7363, email; melvinw@nezperce.org.
SECTION C - DESCRIPTION/SPECIFICATIONS
C- 1 Scope of Contract
This contract requires construction of the new Nez Perce-Clearwater National Forests Supervisor’s Office along with foundation construction, relocation and connection of utility services to two small buildings in Kamiah, ID. Work shall include site preparation; foundation construction for three buildings; relocation of two small buildings; electrical, telecommunications, and plumbing service to new building location(s); new office construction; construction of an access road from the lower portion of the Kamiah campus to the new office building; highway approach/parking lot construction; sidewalk grading/surfacing and final landscaping. The project will be certified under the “Green Globe” Certification system, Green Globe Level 2. All work shall be in compliance with this solicitation’s terms, conditions, specifications, and drawings. This includes furnishing all labor, equipment, supervision, transportation, operating supplies, and incidentals to complete the project except those designated as government-furnished.
C- 2 Project Location
The new office and site improvements will be constructed on the property of the existing Nez Perce-Clearwater National Forest Supervisor’s Office at 903 3rd Street, Kamiah, ID. The new office building, which will have a primary access off of State Hwy 64, will have a different address to be established at a later date. Further, the construction site is located on the Nez Perce Indian Reservation within Lewis County.
C- 3 Project Magnitude
Government Cost Estimate, per FAR 36.204, is between $5,000,000 and $10,000,000.
C-4 Government-furnished property
See Section G-3 and FAR 52.245-1 in Section I-1 for additional information.
C- 5 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.
| Hydraulic Fluids | Penetrating Lubricants | Concrete and Asphalt Release Fluids |
| Absorbents | Diesel Fuel Additives | Greases |
| Dust Suppressants | 2-Cycle Engine Oil | Wood and Concrete Sealers |
| Fertilizers | Roof Coatings | Water Tank Coatings |
| Adhesive and Mastic Removers | Cleaners | Sorbents |
| Floor Finish | Floor Stripper | Composite Panels |
| Insulating Foam | Sealers | Carpet |
| Metalworking Fluids | Graffiti and Grease Removers | Stain Removers |
| Degreasers | De-icers |
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.
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).
Concurrent with the prework meeting, the Contractor shall submit a Biobased Product Utilization Plan. This submittal will be approved by the COR in writing. The Plan must contain and define the following elements:
· Proposed biobased construction products planned for utilization in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.
NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.
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.
C- 6 Project Manuals/Technical Specifications
Two Project Manuals are incorporated into this solicitation and any resultant contract. See Section J for the listing of Technical Specifications contained in the Project Manuals.
C- 7 Drawings
See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.
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.dm.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.dm.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) (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 475 calendar days from issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
The following is added:
· The estimated period of performance is from June 1, 2020 through September 11, 2021.
· Construction work shall be phased with the small building foundations completed in Phase 1 (buildings will be occupied by government employees while this work is performed), small building relocation/utility service connection performed during Phase 2 and new office and site development comprising Phase 3. Phase 2 contract time shall be limited to 100 calendar days from the date the government employees vacate the small buildings to the date of Substantial Completion thus allowing the government to take occupancy of these buildings again. The total contract time for all 3 Phases of work shall be 475 days from issuance of the Notice to Proceed.
SECTION G – CONTRACT ADMINISTRATION DATA
G-1 - AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 30 days of commencement of work. The conference will be held at the Nez Perce-Clearwater National Forests’ Office, 104 Airport Road, Grangeville, ID and will include discussion of such topics as contract terms and work performance requirements, work progress schedule and safety plans.
G-2 - CONTRACTING OFFICER'S REPRESENTATIVE
The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.
G-3 - GOVERNMENT-FURNISHED PROPERTY
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause 52.245-2 contained in Section I of the contract.
· 15 Large Boulders for Landscaping purposes
The government-furnished boulders shall be delivered to the construction site by the Government. The boulders shall be stockpiled in the general area designated for decking the trees harvested during site development.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H- 1 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.
H-2 Tribal Employment Rights Office Requirements
This project is located on lands covered by Tribal Employment Rights Ordinances. These Ordinances, which generally provide for employment of Indians and payment of a tax, are in full effect on this contract. A sample Nez Perce Tribe TERO Compliance Plan and Agreement has been provided as an attachment to the solicitation for information only.
The Contractor shall be familiar with the Nez Perce Tribal Employment Right Office (TERO) requirements and take into consideration any TERO fees to be assessed by the Nez Perce Tribe when preparing their offer. Further, administrative costs associated with providing Indian employment perference shall be factored into the offered price. No separate payment will be made for the TERO tax or associated administrative costs. The contractor shall include these costs in that cost of other items.
Following contract award, the contractor shall be responsible for the prime contracting firm, subcontractors, and lower tier contractors subsequently negotiating a written agreement with the appropriate Tribal officials which specifies the arrangements, conditions and requirements to comply with TERO ordinances. A facsimile or electronic copy of the written agreement, with all signatures, shall be delivered to the Contracting Officer before commencing construction work on the project.
The contact person with the Nez Perce Tribe is:
TERO Compliance Officer Melvin Wheeler Nez Perce Tribe P.O. Box 365 Lapwai, ID 83540
Telephone: 208-843-7363 Fax: 208-843-7363 Email: melvinw@nezperce.org.
The government is not subject to TERO requirements and is not a party to any agreements between the Tribe and Contractor pursuant to the TERO. The Tribe administers the TERO pursuant to its inherent sovereign powers of self-government.
H-3 Indian Preference for Employment Opportunities
In accordance with TERO requirements and to the extent feasible and consistent with the efficient performance of this contract, the contractor shall give preference in employment and training opportunities to Indians who are qualified to perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. Further, the contractor shall give full consideration to all qualified job applicants identified by the Tribal office and to any other Indian applicant. If after giving full consideration, the Contractor’s employment needs remain unsatisfied, the contractor may employ such non-Indians as necessary to fill-out its workforce need in accordance with the “Equal Opportunity” clause in this contract. The Contractor is not required to employ any applicant who, in the Contractor’s opinion, is not qualified to perform the classification of work required. The contractor shall maintain records as necessary to indicate compliance with this paragraph.
Indian preference does not apply to the Contractor’s core crew and key personnel as defined within the Nez Perce TERO Compliance Plan.
H- 4 Key Personnel
The key personnel specified in the Offeror’s Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.
H-5 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) Physical Site Conditions. The indications of physical conditions on the plans and in the specifications are the result of site investigations done as part of a Geotechnical Evaluation that included test pit excavation, dynamic cone penetrometer (DCP) sounding, infiltration tests, and laboratory tests on select soil samples. A complete Geotechnical Investigation Report is provided in the Appendix section of Project Manual, Volume 1. Test pit and DCP locations are shown on the drawings.
(b) Weather Conditions. The Contractor shall satisfy itself as to the local weather conditions by utilizing records and reports from the National Weather Service.
(c) Transportation Facilities. A Road Approach Permit has been submitted to the Idaho Transportation Department (ITD) by the Forest Service for immediate access to the project site(s) off of Highway 64. The contractor shall coordinate work with the Forest Service and ITD on the construction of these approaches. The contractor shall be responsible for securing a permit from the Idaho Department of Lands for temporary parking/equipment staging.
(d) Existing Building Conditions.
Asbestos is present in the Annex #2 Building 1022 in the sheet vinyl flooring in the kitchen area. The vinyl flooring is currently encased under the tile flooring. A complete Asbestos Report is provided in the Appendix section of Project Manual, Volume 1.
Lead paint is present in the two existing annex buildings on window and door frames internally and externally as well as the blue painted siding. Lead concentrations range from 1.12mg/cm3 to 5 mg/cm3. A complete Lead Based Paint Report is provided as an attachment to the solicitation. See Section J.
H- 6 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- 7 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- 8 Conformity With Drawings and Specifications
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.
H-9 Barricades, Warning Signs, and Other Devices
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.
Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.
H-10 Weed-Free Equipment
In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.
The following is considered proof of weed-free equipment:
The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.
Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location. The Contractor shall give the Forest Service at least two business day advance notification when equipment is ready for inspection.
H-11 Invoice Processing Platform (IPP)
Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.
After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.
H-12 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).
(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.
(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will 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-13 Idaho Worker’s Compensation Law
Idaho Workers Compensation coverage (or extra-territorial coverage if applicable) and other state, federal and local laws apply to this solicitation and any resultant contract. It is the contractor’s responsibility to follow the clause detailed at 52.236-7 – Permits and Responsibilities, whereby the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, Tribal, and municipals laws, codes, and regulations applicable to performance of the work.
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.dm.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.202-1 | Definitions (NOV 2013) |
| 52.203-3 | Gratuities (APR 1984) |
| 52.203-5 | Covenant Against Contingent Fees (MAY 2014) |
| 52.203-7 | Anti-Kickback Procedures (MAY 2014) |
| 52.203-8 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) |
| 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) |
| 52.203-13 | Contractor Code of Business Ethics and Conduct (OCT 2015) |
| 52.203-14 | Display of Hotline Poster(s) (OCT 2015) |
| 52.203-17 | Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) |
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) |
| 52.204-4 | Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) |
| 52.204-13 | System for Award Management Maintenance (OCT 2018) |
| 52.204-14 | Service Contract Reporting Requirements (OCT 2016) |
| 52.204-18 | Commercial and Government Entity Code Maintenance (JUL 2016) |
| 52.204-23 | Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) |
| 52.204-25 | Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) |
| 52.209-6 | Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) |
| 52.209-9 | Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) |
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)) |
| 52.215-2 | Audit and Records - Negotiation (OCT 2010) |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) |
| 52.219-8 | Utilization of Small Business Concerns (OCT 2018) |
| 52.219-14 | Limitations on Subcontracting (OCT 2018) |
| 52.219-28 | Post-Award Small Business Program Rerepresentation (JUL 2013) |
| 52.222-3 | Convict Labor (JUNE 2003) |
| 52.222-4 | Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2018) |
| 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 (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 (SEPT 2016) |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (APR 2015) |
| 52.222-35 | Equal Opportunity for Veterans (OCT 2015) |
| 52.222-36 | Equal Opportunity for Workers with Disabilities (JUL 2014) |
| 52.222-37 | Employment Reports on Veterans (FEB 2016) |
| 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) |
| 52.222-50 | Combating Trafficking in Persons (JAN 2019) |
| 52.222-54 | Employment Eligibility Verification (OCT 2015) |
| 52.222-55 | Minimum Wages Under Executive Order 13658 (DEC 2015) |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706 (JAN 2017) |
| 52.223-5 | Pollution Prevention and Right-to-Know Information (MAY 2011) |
| 52.223-6 | Drug-Free Workplace (MAY 2001) |
| 52.223-15 | Energy Efficiency in Energy-Consuming Products (DEC 2007) |
| 52.223-17 | Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (AUG 2018) |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) |
| 52.224-1 | Privacy Act Notification (APR 1984) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUNE 2008) |
| 52.227-1 | Authorization and Consent (DEC 2007) |
| 52.227-2 | Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) |
| 52.227-4 | Patent Indemnity--Construction Contracts (DEC 2007) |
| 52.228-2 | Additional Bond Security (OCT 1997) |
| 52.228-5 | Insurance--Work on a Government Installation (JAN 1997) |
| 52.228-11 | Pledges of Assets (AUG 2018) |
| 52.228-12 | Prospective Subcontractor Requests for Bonds (MAY 2014) |
| 52.228-14 | Irrevocable Letter of Credit (NOV 2014) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (MAY 2014) |
| 52.232-9 | Limitation on Withholding of Payments (APR 1984) |
| 52.232-17 | Interest (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) Alternate I (DEC 1991) |
| 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) |
| 52.236-3 | Site Investigation and Conditions Affecting the Work (APR 1984) |
| 52.236-5 | Material and Workmanship (APR 1984) |
| 52.236-6 | Superintendence by the Contractor (APR 1984) |
| 52.236-8 | 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 for Construction Contracts (APR 1984) |
| 52.236-17 | Layout of Work (APR 1984) |
| 52.236-21 | Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984) |
| 52.236-26 | Preconstruction Conference (FEB 1995) |
| 52.242-13 | Bankruptcy (JULY 1995) |
| 52.243-4 | Changes (JUNE 2007) |
| 52.244-6 | Subcontracts for Commercial Items (AUG 2019) |
| 52.245-1 | Government Property (JAN 2017) |
| 52.245-9 | Use and Charges (APR 2012) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.248-3 | Value Engineering--Construction (OCT 2015) |
| 52.249-2 | Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEPT 1996) |
| 52.249-10 | Default (Fixed-Price Construction) (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) |
| 452.236-71 | Prohibition Against the Use of Lead-Paint (NOV 1996) |
| 452.236-74 | Control of Erosion, Sedimentation and Pollution (NOV 1996) |
| 452.236-76 | Samples and Certificates (FEB 1988) |
I-2 FAR 52.211-6 Brand Name or Equal (Aug 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by-
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
I-3 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-4 FAR 52.223-21 Foams (JUN 2016)
(a) Definitions. As used in this clause–
“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.
“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends…
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