1204GG20Q0002.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
04GG
BEND OR 97701
63095 DESCHUTES MARKET ROAD
DESCHUTES NTL FOREST SUPERVISOR
USDA FOREST SERVICE
04L8 CODE 16. ADMINISTERED BYCODE
X
X
X
332312
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR04GG
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/29/2020 1600 PT
03/31/2020
541-383-5433DARNELL WILLIAMS
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1204GG20Q0002
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 43 992260OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
REDMOND OR 97756
1740 SE OCHOCO WAY
DESCHUTES NATIONAL FOREST REDMOND
15. DELIVER TO
BEND OR 97701
63095 DESCHUTES MARKET ROAD
DESCHUTES NTL FOREST SUPERVISOR
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA FOREST SERVICE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
RAG Hangar Fall Protection
0001 Bid Items 1 & 2. See bid schedule for breakdown and Scope of Work for description of supplies.
Delivery: 180 Days After Award
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
DARNELL W. WILLIAMS
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
0002 Option Items O-1 to O-5. See bid schedule for breakdown and Scope of Work for description of supplies.
(Option Line Item)
Delivery: 120 Days After Award
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
43 2 of
PART I—THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 BID SCHEDULE
BASE ITEMS
ITEM
NO. DESCRIPTION PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
1 Supply and Install Rigid Rail System 1 LS ALL
2 Supply and Install Rigid Rail System 2 LS ALL
OPTION ITEMS
O-1 Supply and Install Rigid Rail System 3 LS ALL
O-2 Supply Single User Vacuum System 1 LS ALL
O-3 Supply Single User Vacuum System 2 LS ALL
O-4 Supply Portable Work Platform 1 LS ALL
O-5 Supply Portable Work Platform 2 LS ALL
Contract Performance Time: Base Items and Option Item O-1 shall be completed and ready for use 180 Calendar Days from Notice to Proceed. All other items (O-2 through O-5), if exercised, shall be completed and ready for use 120 Calendar Days from Notice to Proceed.
Option Items may be exercised at any time up to and including the last day of the specified performance period of the Base Items. If an Option Item is exercised at a point when there are 90 or more calendar days left on the Base Item performance period, performance will run concurrently with the Base Items.
Contract Type: Firm-Fixed-Price, Supply (Incidental installation work. Wage rates are not applicable and none are attached to this solicitation).
B-2 DESCRIPTION OF BID ITEMS
A. Supply and Install Rigid Rail System (Bid Items 1, 2, O-1)
Design, manufacture, and install an overhead rigid rail fall protection system for one Sherpa SD3-60 aircraft (per system) according to the following requirements.
1. Location of rigid rail systems 1, 2, and 3 (Bid Items 1, 2, and O-3, respectively) are indicated on the Parking Plan, attached to this solicitation in Section J. Locations indicated are draft and shall be field verified by the Contractor for exact location of each heavy maintenance parking space and in accordance with attached maintenance configurations.
2. System shall be designed to OSHA standards and be fully ANSI and OSHA compliant.
3. Fall protection system must support two workers (310 lb each) simultaneously performing maintenance activities on top of the aircraft, approximately 11 feet above the floor.
4. System must be laid out to provide workers access along the length of the fuselage of the aircraft as well as along the length of the wings, with anchorage point directly or nearly directly overhead of worker to prevent swing falls.
a. Reference Sherpa Maintenance Manual attached for aircraft dimensions and maintenance areas, as well as Hangar Maintenance Configurations for additional aircraft parking details.
b. Primary parking configuration is Figure 2 from Hangar Maintenance Configurations (reflected on Parking Plan). Rigid rail system(s) must provide access for at minimum this configuration.
c. Length of rail needed along fuselage is approximately 40’ and length of rail needed along wings is approximately 40’, not including any additional lengths needed for connection to existing structure.
d. Lengths of rigid rail systems to be verified by Contractor during system configuration.
5. System must be structurally sound and compatible with existing hangar building.
a. Government furnished structural design calculations and building drawings shall be used to determine compatibility and structural safety of proposed system, and to verify that loads created by the rail system shall not be detrimental to the existing structure.
b. Contractor shall certify that structural analysis was completed in design of system attachment and loading on existing structure.
c. Building structural design allows for 6 psf collateral load and 30 psf live load; see Hangar Structural Design attached for further details.
6. Layout of rigid rail system and fall clearance must consider existing light fixtures in the hangar.
a. Lighting fixtures are currently mounted from the ceiling at approximately 22’-0” above finished floor; refer to Hangar As-Built Drawings attached in Section J for lighting plan.
b. Any modifications required to light fixture mounting height or location, based on proposed system layout, shall be the responsibility of the Contractor and must be completed by a licensed electrician.
7. Supplied system must be provided with all protective equipment necessary for two workers, including self-retracting lifelines and harnesses for each. This applies to each bid item. Final product shall be a fully functioning and complete system ready for use.
B. Supply Single User Vacuum System (Bid Item O-2, O-3)
Supply one commercially available portable single user fall protection system kit.
1. Provide vacuum based anchor system that can be fixed to top of plane, including wings and fuselage.
2. System must be compatible for use on Sherpa aircraft surface. Aircraft surface is rough in many areas which may limit the size and location of anchors that can be attached. Compatibility must be demonstrated with the aircraft on site prior to approval of any products.
3. System shall have the ability to connect to portable refillable air supply as well as external air supply (shop air).
4. System shall be self-contained and not rely on external electrical supply.
5. System shall be lightweight and portable, suitable for indoor or outdoor use, and quickly and easily installed.
6. System shall be certified for use on wet surfaces.
7. System shall be designed to OSHA standards.
8. System shall include audible and visual alarms for loss of incoming pressure or vacuum level.
9. System shall provide for reasonable period of continued operation of vacuum seal after loss of power to provide workers sufficient time to address alarms or to retreat to a safe position.
10. System shall allow for hands-free fall protection during maintenance.
11. Vacuum anchor seal shall be designed to prevent damage to surface of aircraft.
12. System shall be tested and rated for fall arrest and limit load transferred to the aircraft during fall.
13. Supplied system shall include two vacuum anchors to allow for triangulation or additional user.
System shall include all equipment and accessories necessary for operation, including but not limited to:
a. Base vacuum unit
b. Two hydraulic hoses (for connecting anchors and base unit, approx. 20 ft each)
c. Two vacuum anchors
d. Storage case
14. Supplied system must include all protective equipment necessary for two workers (310 lb each), including two full body harnesses and three work positioning ropes. Include two work positioning ropes with single attachment point (one per user) as well as one work positioning rope with double attachment (for single user triangulation).
15. Final product shall be a fully functioning and complete system ready for use.
C. Supply Portable Work Platform (Bid Item O-4, O-5)
Supply one commercially available portable work platform for safe access to top of plane and other areas needed for maintenance.
1. Free-standing movable stair or ladder with small landing (deck) at top; other configuration may be considered if meeting all requirements described in this section.
a. Deck shall be 3’ x 4’ minimum.
b. Platform shall allow for changing configuration of stairs and deck as needed for maintenance, with ability to move stairs from one end of the platform to the other and ability to remove railings.
2. Work platform must be easily moved for access to any location on the plane. Lockable wheel assemblies are required.
3. Platform must have small footprint for maneuvering throughout high density hangar between parked planes. Platform must be deployable for easy assembly and disassembly in storage or transport.
4. Platform shall be fully OSHA compliant for fall protection during maintenance, with safety rails on top platform and stairs in addition to any other requirements. Provide for tie-off point at top platform to secure workers as required by OSHA.
5. Platform height must be adjustable in small increments for varying maintenance needs. Platform height must range from approximately 56” to 126” to allow parking under engines for engine maintenance as well as parking at the tail of the plane for access to the top of the plane. Ideal height range for engine work is 5’ to 8’ and ideal range for access to top of plane is 8’ to 10’. Provide a system that can be used for both maintenance applications.
6. Platform shall be constructed from light weight, high strength structural grade aluminum.
7. Stair treads shall be anti-slip safety treads.
8. Platform shall be designed using appropriate load ratings for this application.
SECTION C – SCOPE OF WORK
C-1 PROJECT SCOPE
A. This project consists of the design, manufacture, supply, and install of fall protection systems at Redmond Air Group Airplane Hangar. Systems are as described in Section B-2 Description of Bid Items. The Hangar currently does not have any fall protection in place.
B. Site Visit
a. Offerors are expected to familiarize themselves with the project location and all conditions affecting work prior to submitting bids.
b. The Government has provided building as-built drawings with this solicitation; these are provided as information only and do not substitute thorough site investigation.
C. Technical Proposal
a. Offerors are expected to submit both technical and price proposal information with their response to this solicitation.
b. Technical proposal must include written description of the technical components of the system, tailored to this project, and preliminary layout drawing of system (rigid systems only).
c. Offerors are expected to review attached hangar structural design and as-built drawings in developing their technical and price proposal to determine extent of work needed and feasibility of proposed options.
d. Product data shall also be included along with pricing for proposed options.
e. See Section L for additional requirements.
D. Field Verification
a. Contractor is responsible for field verification of all new and existing conditions affecting the work of this contract prior to ordering products.
b. Government furnished AutoCAD drawings of the existing building shall be provided to the
Contractor after award.
E. Drawings
a. During performance of the contract, Contractor shall provide product data submittals, complete shop drawings, and structural calculations, as described in Section B-2 and C-5, to be approved by the Government prior to moving forward.
F. Permitting
a. Offeror is expected to coordinate all phases of work with the City of Redmond to complete any applicable building permitting requirements, for systems involving structural work or modification of the existing structure.
G. Materials
a. Unless otherwise stated, Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications.
b. Contractor shall verify the kind and amount of work that may be necessary in furnishing the material.
c. Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.
H. Quality Control
a. Quality control for this project shall be the responsibility of the Contractor.
b. In the event of any discrepancies between the Specifications, Drawings, and applicable codes and standards, the Contractor shall immediately notify the Contracting Officer (CO) of the discrepancy and work with the CO to yield a finished product that meets the applicable codes and standards while still meeting the original intent of the Specifications and Drawings.
c. The Contractor shall provide test reports, inspection reports, certifications, photos, and all other documentation needed to demonstrate compliance with the Project Specifications and Drawings as well as applicable construction codes and standards.
I. Contract Close-Out
a. As applicable, Contractor shall provide installation and certification of equipment.
b. Upon delivery of items awarded through this contract, Contractor shall provide on-site training and technical support on proper set up and use for each system.
c. Contractor shall provide operations and maintenance manuals; see Section C-5 for requirements.
C-2 PROJECT LOCATION
This project is located at the U.S. Forest Service Redmond Air Center, 1740 SE Ochoco Way, Redmond, OR 97756. The work will be completed in the Regional Aviation Group Airplane Hangar Building.
C-3 WORK RESTRICTIONS
The Redmond Air Center is a secure government facility. All visits to the site during prosecution of work will require check-in through the main Administration Office prior to admission to the Regional Aviation Group hangar.
Contractor is to limit use of premises to work in areas indicated. Do not disturb portions of project site beyond areas in which work is indicated. Allow for Government occupancy of the building throughout project completion.
NOTE: Contractor shall provide a schedule detailing the time required for installation of each rigid rail system awarded. Contractor shall phase installation of each rigid rail system awarded so as not to disrupt work in the entire hangar. Contractor shall provide 14 days notice to Government prior to installation of each rigid rail system in order to provide the Government time to maneuver aircraft and to phase aircraft maintenance activities.
C-4 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS – AGAR 452.211-73
(FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant Contract.
C-5 SUBMITTALS
This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous information. The following requirements and procedures are required in addition to and as an explanation of FAR Clause 52.236-21 and AGAR Clause 452.236-76.
Transmit submittals in electronic (PDF) format by e-mail. E-mail submittals to: jessica.belt@usda.gov.
Notify Contracting Officer (CO) if this procedure cannot be utilized.
The electronic submittal process is not intended for color samples, color-charts or physical material samples.
Mail samples and color selection data to the address identified in the individual task order and as agreed upon in the pre-construction process.
Submittals shall include items such as: Contractor’s, manufacturer’s, or fabricator’s Drawings; descriptive literature including but not limited to catalog cuts, diagrams, test reports; samples; certifications and other such required submittals. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Submittals requiring government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby.
All submittals shall be accompanied by a submittal transmittal form and shall include the following unless otherwise required in an individual project specification:
1. Date and revision dates
2. Project name and contract number
3. Names of contractor, subcontractor, supplier and manufacturer
4. Specifications section number identified clearly on the first page of each submitted product
5. Field dimensions and relation to adjacent structures
6. Applicable standards such as ASTM or Federal Specifications; especially those that reference back to contract requirements
7. Contractor’s stamp, initial or signature, certifying the review of submittal, compliance with the requirements of the Contract Documents, verification of manufacturer/product, dimensions, field measurements and coordination of information with other parts of the work.
Submit detailed information to inform CO and COR of all product information and construction execution details. Submittals that do not contain the above requirements or are in any other way deemed insufficient submittals will result in rejection and can delay on-site construction activities.
Where manufacturer’s catalog sheets are used, indicate the specific items to be supplied either by arrow, encircled on sheet, or the inapplicable portion blocked out. Identify where equipment is to be used, if not obvious.
Product Data: Include items such as:
1. Contractor’s, manufacturer’s, or fabricator’s drawings, cut sheets and installation instructions
2. Manufacturer’s product specifications
3. Diagrams
4. Test reports
5. Samples
6. Pictures mailto:jessica.belt@usda.gov
7. Certifications
8. Compliance with recognized trade association and testing agency standards
9. Other information as required by individual specification sections
Shop Drawings: Provide complete material and hardware lists. List material descriptions and quantities.
1. Provide Shop Drawings that are custom to the innate designs described in the Specifications and Drawings.
2. Boiler plate Shop Drawings or submitting Contract preliminary/information drawings as Shop Drawings will not be accepted.
3. Show all fabrication, installation, and material details.
4. Provide details for the installation of individual fixtures and equipment
5. Address the appearance, performance, and prescriptive descriptions in the specifications and construction drawings
6. Attach manufacturer’s catalog cut sheets and other manufacturer’s information that is needed to convey conformance to the Specifications and Contract Drawings.
7. Include all FIELD VERIFIED dimensions, manufacturing conventions, and special fabrication instructions on the shop drawing. It should be clear to fabrication personnel what will be manufactured from the shop drawings alone.
8. All drawings shall be drafted in AutoCAD and submitted as both PDF and DWG files. Drawings shall be made on 11 by 17 inches sheet size before conversion to PDF files. Drawings shall have a title block with the fabricator’s name, contract number, description if items, and a revision block. Any drawing or electronic drawing file submitted that is not of satisfactory quality will be returned as disapproved.
Dimensions provided in the Drawings and Specifications are for informational purposes only. Jobsite dimensions, such as the dimensions between two surfaces on the jobsite, need to be verified by the Contractor.
A dimension may be shown on the construction Drawings, but the actual dimension may vary, from very small to large increments, depending on jobsite conditions. It is extremely important that the fabricated item arrive on the jobsite ready to be installed without field modification. Special care must be taken by the Contractor to measure and verify dimensions before preparing shop drawings and ordering materials.
Obtain written approval from the CO for the above submittals prior to ordering, construction, assembly, and delivery.
Specific submittals required for this project are as follows:
Work Progress Schedule:
A. Work Progress Schedule: To ensure adequate planning and execution of the Work so that the
Work is completed within the respective number of calendar days allowed in the contract, and to assist the CO in appraising the reasonableness of the proposed schedule and evaluating the progress of the Work, prepare the following:
1. Within fifteen (15) calendar days after being awarded the Contract, prepare and submit for the CO’s information, a progress schedule for the Work using estimated times and events, if necessary. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the work.
2. Update the schedule as needed and resubmit it to the CO for reference with each progress payment request.
Shop Drawings:
A. Submit complete set of shop drawings for each rigid rail system awarded.
1. Include details on location of rigid rails, any supporting beams, connections to existing structure, and structural design information as described in Section B-2 and C-1.
Operations and Maintenance Manuals:
Assemble (2) sets of operations and maintenance data indicating the operation and maintenance of each system, subsystem, and piece of equipment not part of a system as follows:
A. Operation Data: Include emergency instructions and procedures, system and equipment descriptions, operating procedures, and sequence of operations.
B. Maintenance Data: Include manufacturer’s information, list of spare parts, maintenance procedures, maintenance and service schedules for preventive and routine maintenance, and copies of warranties and bonds.
C. Include a description of which operations and maintenance tasks can be performed by the Forest Service on a regular basis, and which tasks require equipment to be sent offsite to manufacturer or service provider. Indicate cycles for recertification/inspection for all equipment.
D. Organize operation and maintenance manuals into suitable sets of manageable size. Bind and index data in heavy-duty, three ring, vinyl- covered, loose-leaf binders, in thickness necessary to accommodate contents, with pocket inside covers to receive folded oversized sheets. Identify each binder on front and spine with the printed title “OPERATION AND MAINTENANCE MANUAL”, project name, and subject matter of contents.
E. Include copies of all warranties in the appropriate section of the operations and maintenance manual.
F. In addition to hard copy manuals, provide one electronic copy of entire manual in PDF format.
C-6 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications of this contract.
SECTION D—PACKAGING AND MARKING
No Addition
SECTION E--INSPECTION AND ACCEPTANCE
E-1 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 in compliance with reasonable and customary manufacturing and construction tolerances.
SECTION F—DELIVERIES OR PERFORMANCE
F-1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984) ALTERNATE I (APR 1984)
The Contractor shall be required to (a) commence work under this contract within fourteen (14) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete Base Items 1 and 2 and Option Item O-1 ready for use not later than 180 calendar days following receipt of Notice to Proceed. Option Items O-2 through O-5, if exercised, shall be completed no later than 120 calendar days following receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises and completion of final deliverables such as operations and maintenance manuals.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)
A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. To schedule and determine location, contact the Contracting Officer.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM LIMITS
Construction activity may be performed Monday through Friday and shall be limited to the hours between 7:00 a.m. and 6:00 p.m., unless other hours are approved in writing by the COR. No work will be allowed on Federal Holidays unless approved by CO in writing.
H-2 HAZARDOUS CONDITIONS SAFETY PLAN
The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and 1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.
Fall hazard Heavy equipment operation Electrical hazard
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Price, Ability to Meet Specifications, Estimated Delivery Date
Ability to meet specifications and price, when combined, are significantly more important when compared to estimated delivery date.
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JAN 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.
In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.
1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.
431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JULY 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
X (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
X (22) 52.219-28,…
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