1240LU21Q0002.pdf
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1240LU21Q0002
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
02/23/2021
1 1
INTERMOUNTAIN ZONE CSA 9
ATTN LISA RAKICH
DILLON MT 59725
USDA-FS CONTRACT SERVICE AREA
Multiple
NINEMILE RANGER STATION
VISITOR CENTER
20325 REMOUNT ROAD
HUSON
MT 59846
406 491-0561LISA RAKICH
03/11/2021 1500 MT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Ninemile Visitor Center Carpet Tile and Vinyl Plank Flooring Installation Period of Performance: 03/25/2021 to 04/30/2021 Please place pricing on Schedule B page 4.
RETURN QUOTE via E-Mail to: lisa.rakich@usda.gov by 3:00 PM on March 11th
Complete and sign bottom of this form with your quote.
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
Ninemile VC Carpet & Vinyl Install
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SUMMARY
SUBMITTALS
PROJECT CONDITIONS
SOLID VINYL FLOOR TILE
PREPARATION
INSTALLATION
GENERAL
SECTION REQUIREMENTS
Submittals: Product data and samples for each product and color used
Comply with CRI (Carpet & Rug Institute) 104 – Sept. 2015, “General Requirements”
Extra Materials: Deliver to Owner carpet tiles equal to 5 percent of each type and color carpet tile installed, packaged with protective covering for storage
PRODUCTS
CARPET TILE
Products:
EXECUTION
INSTALLATION
Comply with CRI 104, Section 10, "Carpet Tiles"
Carpeted Stem Walls
Monolithic Installation Pattern
END OF SECTION 09681
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
F.1 CLAUSES
G.1 CLAUSES
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 Davis Bacon Wage Determination No. MT20210063 dated 01/01/21 (6 Pages)
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
L.1 PROVISIONS
L.2 QUOTE PREPARATION INSTRUCTIONS:
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 EVALUATION OF OFFRORS
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
Facilities Maintenance and Light Construction
Ninemile Visitor Center Flooring Supply and Installation Ninemile Ranger District
Lolo National Forests Missoula County, Montana
B.1 SCHEDULE OF ITEMS
ITEM
NO. DESCRIPTION METHOD
of MEAS.
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
Mobilization
AQ LS 1
Flooring Removal
Labor and Supplies to Prep and Level concrete
Labor and Supplies for installation of all products
Capet Tiles and Carpeted Trim: Product submittal required at time of bid.
Vinyl Planks: Product submittal required at time of bid.
Stair Tread, Non-Slip Coverings: Product submittal required at time of bid.
Trim, cove cap, transition strips, and other accessories necessary for complete, ready to use installation: Product submittal required at time of bid.
TOTAL (SECTION A ITEMS)
Prices Submitted By:
Printed Name: Phone:
Business Name: DUNS#:
Address: Email:
Designated Method of Measurement: AQ- Actual Quantities; LSQ- Lump Sum Quantities
PRODUCT SUBMITTALS:
Carpet Tiles – See Section 09681:
Manufacturer:
Style:
Color:
Stem Wall Carpeting Product and Method:
Vinyl Planks – See Section 098651:
Baseboard Method:
Stair Tread Non-Slip Covering:
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
The intent of the contract is to provide for the completion of the work described below. The precise details of performing the work are not stipulated, except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.
C1.2 Scope of Contract. This project consists of providing all labor and materials for installation of floor covering in the Ninemile Ranger Station Visitor Center customer area, and bathrooms. The area to be carpeted is ≈736 sq ft with two sections of stem wall (north and south walls) that will also require carpeting. All carpeting and associated trim is to exactly match the carpeting and trim in the adjacent room, in all aspects. There are two bathrooms that each measure appx 44 sq ft that will require new vinyl planks. Both bathroom floors will require crack filling and floor leveling. It should be noted that there is a desk that measures appx 11' x 6' and sections of shelving that will need to be lifted to be carpeted underneath. All furniture, except for the desk, shelving, large sewing machine (on rollers) and horse statue (on rollers), will be removed by the forest service before contractors start of work. Work includes existing flooring and trim removal and disposal, floor prep, feather patching uneven areas, filling cracks, and any trim, cove cap or transition strips necessary for complete ready to use installation. East and west walls that currently have white trim will need trim removed but not reinstalled. There are also rubber stair tread, non-slip coverings that have aged past their useful life and need to be replaced. The stair treads measure ≈36”x9.5” and there are 28 of them. The stair treads will need to be replaced with non-slip stair covers that are appropriate for the buildings. The contractor shall be responsible for familiarization with the site, all building measurements to determine necessary quantities and sizes of material to be supplied.
C.1.3 Project Location –Nine Mile Ranger Station / Remount Depot is located approximately 20 miles west of Missoula MT off Interstate 90 at the exit 82 / Nine Mile Road exit. Follow the Nine Mile road north approximately 3.5 miles north to the Forest Service’s Remount Depot
C.1.4 Magnitude of Construction – <$25,000
C.1.5 Pre-bid Tour – No formal Pre-bid tour will be conducted. Vendors shall contact Leigh Wexler
406-626-5425 to schedule a site visit.
C.1.6 Start Work - It is estimated that work will begin in Spring 2021
C.1.7 Period of Performance – Contract to be completed by 5/28/2021. Contractor to finish work in 21 days from the issuance of the notice to proceed.
C.1.8 Government Furnished Materials – NA
C.1.9 Submittals- The contractor shall submit a Work Schedule and all Materials to be used on this
Project.
C.1.10 Disturbances –No work shall be permitted from 5:00PM – 7:00AM on weekdays, on weekends or Federal Holidays.
C.1.11 Staging Area - The Contractor shall coordinate with the COR on a staging area location. The
Contractor shall operate all equipment and store, transport, and handle materials in a manner that will not damage the existing roads, parking lots, and landscaping. Access must be maintained to the residence, and other facilities on the site.
C.1.13 Potable Water- The contractor may use the water on-site.
C.1.14 Wastewater Facilities – The Contractor may use the restrooms on site. The Contractor shall be responsible for cleaning and/repairing the restroom if necessary, as a result of the Contractor’s operations.
C.1.15 Electrical – The Contractor may use on-site electrical service for operation of small power tools.
C.2 – CLEANUP AND DISPOSAL
C.2.1 Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal. The
Contractor shall at all times keep the area in a clean, neat, and orderly condition. Construction related debris, including but not limited to used motor oil, oil cans, grease cartridges and refuse shall be removed promptly from the site and disposed of in a lawful manner off National Forest System lands. Fees for the use of landfills or transfer stations shall be paid for by the Contractor if there is a charge.
C.3 – SECURITY AND PROTECTION
C.3.1 Security and Protection – Security is the responsibility of the Contractor. The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection.
The Contractor shall complete sequences of construction activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.
C-4 – OTHER RELATED DOCUMENTS AND DRAWINGS
C4.1 The following specifications are part of this solicitation and any resulting contract.
• CRI (Carpet & Rug Institute) 104 -- 2015, will be used as the base specifications
• Specifications Sections 09651 & 09681 are supplemental specification (See attached)
SECTION 09651
RESILIENT FLOOR TILE
PART 1 - GENERAL
SUMMARY
This Section includes the following:
Solid vinyl floor tile.
Rubber floor tile.
Vinyl composition tile (VCT).
SUBMITTALS
Product Data: For each product indicated.
Samples: Full-size units of each color and pattern of resilient floor tile required.
PROJECT CONDITIONS
Maintain temperatures within range recommended by manufacturer, but not less than 70 deg F (21 deg C) or more than 95 deg F (35 deg C), in spaces to receive floor tile during the following time periods:
48 hours before installation.
During installation.
48 hours after installation.
After postinstallation period, maintain temperatures within range recommended by manufacturer, but not less than 55 deg F (13 deg C) or more than 95 deg F (35 deg C).
Close spaces to traffic during floor covering installation.
Close spaces to traffic for 48 hours after floor covering installation.
Install resilient products after other finishing operations, including painting, have been completed.
PART 2 - PRODUCTS
SOLID VINYL FLOOR TILE
Solid Vinyl Floor Tile: ASTM F 1700.
Available Products:
Shaw Floors, Vinyl Planks:
"Impact Plank 0925V” or approved equal
Color and Pattern: Tattered Barnboard 717 or approved equal
PART 3 - EXECUTION
PREPARATION
Prepare substrates according to manufacturer's written recommendations to ensure adhesion of resilient products.
Concrete Substrates: Prepare according to ASTM F 710.
Verify that substrates are dry and free of curing compounds, sealers, and hardeners.
Alkalinity and Adhesion Testing: Perform tests recommended by manufacturer.
Proceed with installation only after substrates pass testing.
Moisture Testing:
Perform tests recommended by manufacturer. Proceed with installation only after substrates pass testing.
Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by manufacturer. Do not use solvents.
Use trowelable leveling and patching compound to fill cracks, holes, and depressions in substrates.
Move resilient products and installation materials into spaces where they will be installed at least 48 hours in advance of installation.
Do not install resilient products until they are same temperature as space where they are to be installed.
Sweep and vacuum clean substrates to be covered by resilient products immediately before installation. After cleaning, examine substrates for moisture, alkaline salts, carbonation, and dust. Proceed with installation only after unsatisfactory conditions have been corrected.
INSTALLATION
Lay out tiles from center marks established with principal walls, discounting minor offsets, so tiles at opposite edges of room are of equal width. Adjust as necessary to avoid using cut widths that equal less than one-half tile at perimeter.
Match tiles for color and pattern by selecting tiles from cartons in the same sequence as manufactured and packaged, if so numbered. Discard broken, cracked, chipped, or deformed tiles.
Scribe, cut, and fit tiles to butt neatly and tightly to vertical surfaces and permanent fixtures including built-in furniture, cabinets, pipes, outlets, edgings, doorframes, thresholds, and nosings.
Extend tiles into toe spaces, door reveals, closets, and similar openings.
Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on floor tiles as marked on substrates. Use chalk or other nonpermanent, nonstaining marking device.
Install tiles on covers for telephone and electrical ducts and similar items in finished floor areas. Maintain overall continuity of color and pattern with pieces of tile installed on covers. Tightly adhere tile edges to substrates that abut covers and to cover perimeters.
Adhere tiles to flooring substrates using a full spread of adhesive applied to substrate to produce a completed installation without open cracks, voids, raising and puckering at joints, telegraphing of adhesive spreader marks, and other surface imperfections.
Perform the following operations immediately after completing resilient product installation:
Remove adhesive and other blemishes from exposed surfaces.
Sweep and vacuum surfaces thoroughly.
Damp-mop surfaces to remove marks and soil.
Do not wash surfaces until after time period recommended by manufacturer.
Protect resilient products from mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. Use protection methods recommended in writing by manufacturer.
END OF SECTION 09651
SECTION 09681 - CARPET TILE
GENERAL
SECTION REQUIREMENTS
Submittals: Product data and samples for each product and color used.
Comply with CRI (Carpet & Rug Institute) 104 – Sept. 2015, “General Requirements” Shop drawings will not be required Testing of concrete will not be required
Extra Materials: Deliver to Owner carpet tiles equal to 5 percent of each type and color carpet tile installed, packaged with protective covering for storage.
PRODUCTS
CARPET TILE
Products:
Carpet Tile
Manufacturer: Philadelphia Commercial by Shaw Style: Genius #54844 Color: Sharp #44515 *No substitutes permitted
Stem Wall Carpet Manufacturer: Philadelphia Commercial by Shaw Style: Profusion 20 #54933 Color: #500 *No substitutes permitted
EXECUTION
INSTALLATION
Comply with CRI 104, Section 10, "Carpet Tiles"
Carpeted Stem Walls
Monolithic Installation Pattern
END OF SECTION 09681
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)
52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than May 28, 2021. The time stated for completion shall include final cleanup of the premises.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. The conference will be held at a later date to be determined by project manager and CO.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
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 Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 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 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(MAR 2020)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)
52.219-28 Post Award Small Business Program Re-representation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar
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 (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)
52.223-17 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 (JUN
2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT
2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.246-21 Warranty of Construction (MAR 1994)
Alternate I (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)
(APR 1984)
52.249-10 Default (Fixed-Price Construction) (APR 1984)
Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.236-71 Prohibition against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
52.225-9 Buy American Act-Construction Materials (JAN 2021)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at Federal
Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;
and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.
The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States;
or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United
States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any
Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy
American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item2:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
(DEVIATION APR 2020)
(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
52.237-4 Payment by Government to Contractor (APR 1984)
In PARTIAL consideration of the performance of the work called for in the Schedule, the Government will pay to the Contractor awarded item amount.
(b)The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. Except as provided in paragraph (c) of this clause, in making progress payments the Contracting Officer shall retain 10 percent of the estimated payment until final completion and acceptance of the contract work. However, if the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer may authorize such payment in full, without retaining a percentage. Also, on completion and acceptance of each unit or division for which the price is stated separately, the Contracting Officer may authorize full payment for that unit or division without retaining a percentage.
(c)When the work is substantially completed, the Contracting Officer shall retain an amount considered adequate for the protection of the Government and, at the Contracting Officer’s discretion, may release all or a portion of any excess amount.
(d)In further consideration of performance, the Contractor shall receive title to all property to be dismantled or demolished that is not specifically designated as being retained by the Government. The title shall vest in the Contractor immediately upon the Government’s issuing the notice of award, or if a performance bond is to be furnished after award, upon the Government’s issuance of a notice to proceed with the work. The Government shall not be responsible for the condition of, or any loss or damage to, the property. If the Contractor does not wish to remove from the site any of the property acquired, the Contracting Officer may, upon written request, grant the Contractor permission to leave the property on the premises. As a condition to the granting of this permission, the Contractor agrees to waive any right, title, claim, or interest in and to the property.
(e)Upon completion and acceptance of all work and receipt of a properly executed voucher, the Government shall make final payment of the amount due the Contractor under this contract.
If requested, the Contractor shall release all claims against the Government arising under this contract, other than any claims the Contractor specifically excepts, in stated amounts, from operation of this release.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 Davis Bacon Wage Determination No. MT20210063 dated 01/01/21 (6 Pages)
J.2 Experience Questionnaire (2 pages)
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
52.204-8 Annual Representations and Certifications (MAR 2020) (DEVIATION JUL 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238330 Flooring Contractors.
(2) The small business size standard is $16.5 Million
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) ☒ Paragraph (d) applies.
(ii) ☐ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
Commented [JMA-1]: Use in all
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).
This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements.
This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
(Basic, Alternates I, II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
_X_ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered
Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
____ (A) Basic.
____ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal…
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