1243ZP19R0001_COMPLETE.pdf
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- Solicitation number
- 1243ZP19R0001
- Issued by
-
Department of Agriculture Forest Service
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
USDA FOREST SERVICE
SOUTHERN REGION
1720 PEACHTREE RD SW SUITE 876 SOU
ATLANTA GA 30309-2449
43ZP
USDA Forest Service Hurricane Recovery ATT:
CHRISTOPHER FORD
1720 Peachtree Road, N.W. , Ste. 876S Atlanta, GA 30309
CHRISTOPHER FORD (404)347-1635
1x 11/14/2018
1243ZP19R0001
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
This project consists of repairing and maintenance of Picnic Areas and Interpretive
Sites. Work includes maintenance, constructing, roofing removal and replacement and gutter system, minor concrete repairs, wood window and frame removal and replacement, group sites maintenance and minor repairs, minor paving, minor excavation, parking area striping, clearing and lawn maintenance, signing, and installing a temporary water distribution system. All work for this project is within the El Yunque National Forest located in Rio Grande, Puerto Rico.
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 90 calendar days and complete it within ________________ ________________ calendar days after receiving scope of work
01/01/2019
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
USDA FOREST SERVICE
SOUTHERN REGION
1720 PEACHTREE RD SW SUITE 876 SOU
ATLANTA GA 30309-2449
43ZP
CHRISTOPHER J. FORD
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 64
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1243ZP19R0001
Period of Performance: 01/15/2019 to 04/01/2019
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
A - Solicitation/Contract Form Clauses
B - Supplies or Services/Prices Clauses
C - SECTION C - Description/specifications/Statement of Work Clauses
D - Packaging and Marking Clauses
E - SECTION E - Inspection and Acceptance Clauses
F - SECTION F - Deliveries or Performance Clauses
G - SECTION G - Contract Administration Data Clauses
H - SECTION H - Special Contract Requirements Clauses
I - SECTION I - Contract Clauses Clauses
J - SECTION J - List of Documents, Exhibits, and Other Attachments List of Documents, Exhibits, and Other Attachments Clauses
K - SECTION K - Representations, Certifications, and Other Statements of Offerors Clauses
L - SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents Clauses
M –SECTION M - Evaluation Factors for Award Clauses
PAY ITEM DESCRIPTION PAY UNIT
EST.
QUANTITY
UNIT PRICE
TOTAL
PRICE
15101(A) Mobilization/Demobilization LS 1 $ -
20101(A)
Mowing, Weeding, and Edging, and Clearing (refer to detail drawing)
Acre 0.52 $ -
20201(A)
Clearing of: debris, grass, clippings, roots, pine needles, pine straws, moss, pollen, loose soils, dust etc in its entirety (no herbicide allowed)
Acre 0.38 $ -
20302(B)
Removal of woody debris in southwest parking lot, disposal method, legally off of National
Forest Land
Each 1 $ -
20416(A)
Waste, disposal of accumulated material from excavation, pavers, asphalt repair material, C.Y. 66 $ -
20416(B)
Waste, disposal of trash/debris, (Locations are Bano De Oro and
Bano Grande)
C.Y. 60 $ -
21202
Barricade Marker (BM) - FBM reflectorzied red & white
(Includes furnishing of BM for left and right side and installation)
Each 4 $ -
60712(A)
Cleaning of structure, in-place
(Includes: cleaning the interior & exterior of structure in its intirety, pressure washing the interior & exterior of structure, & cleaning the roof and drains of structure.
Convenience Store & Bathroom)
Each 2 $ -
60801(A)
Power & Pressure Washing
(Includes washing all concrete surface walkways, seating surfaces, and signs in its entirety)
Sq.Yds. 1461 $ -
USDA Forest Service - El Yunque NF
PALO COLORADO INTERPRETATIVE SITE, BANO DE ORO, & BANO GRANDE
MINOR REPAIR & MAINTENANCE PROJECT
SCHEDULE OF ITEMS
70000(A)
Removal of existing metal roof and existing gutter system and replace w/ new metal roofing system and a new gutter and downspout system in its entirety including new fascia boards. (Refer to drawing sheet C1.
Shop drawings of new roofing and gutter system is required)
S.F. 541 $ -
70000(B)
Removal of existing metal roof and replace w/ new metal roofing system in its entirety (Shop drawings of new roofing is required)
S.F. 35 $ -
71401
Separation & stabilization
Geotextile Type Class 1 class C
(Refer to Repair Schedule)
S.Y. 143 $ -
20302(A)
Removal of existing 60' span x
8' wide steel bridge w/ 2"x9" wood decking and 3.5' tall steel handrail system, disposal method, legally off of National
Forest Land
Each 1 $ -
21201(A)
R7-8 - Reserved Parking Sign for Handicap (Includes furnishing and instalation of sign and post. Refer to repair schedule)
Each 2 $ -
21203
4"x4"x6' tall treated post
(Includes furnishing and erection.
Refer to sheet C2)
Each 2 $ -
30201(A) Aggregate base, grading D, Compaction method B C.Y. 57 $ -
SUB-TOTAL
PALO COLORADO INTERPRETATIVE SITE, BANO DE ORO, & BANO GRANDE
MINOR REPAIR OPTIONAL PAY ITEMS
30203
Concrete Paver (Includes furnishing and placement on concrete pavers. Joint sand shall be incidental to pay item. See subsheet D3. Submittal required)
S.Y. 38 $ -
32120
Hot Mix Aspalt Paving for road and parking, (Includes tack coat and saw cuts)
Ton 19 $ -
55204(A)
Repair Concrete (Includes Bano
Grande and Bano De Oro concrete posts repair and Bano De
Oro concrete slab removal and replacement. Refer to sheet D2)
LS 1 $ -
63401(A)
Pavement markings type C
(Reflectorize White) (4" wide striping)
Foot 631 $ -
63401(B)
Pavement markings type C
(Reflectorize Blue) (6" wide striping)
Foot 110 $ -
63401(C)
Pavement Markings -
International Symbol of
Accessibility (Handicap Symbol
Painted - Reflectorized Symbol, White on Blue Background)
Each 6 $ -
63401(D)
Pavement markings type C
(Reflectorize White) Includes:
Repainting curb stop
Each 37 $ -
63401(E)
Pavement markings type C
(Reflectorize Yellow) Includes:
Repainting 6 inch wide x 4 inch
Foot 100 $ -
80001(A)
Floor Mount Aluminum ADA
Handrails System (Refer to
Repair Schedule)
LS 1 $ -
80002(A) 2" Dia. Handrail Removal and
Replacement L.F. 220 $ -
SIERRA PALM PICNIC AREA MINOR REPAIR & MAINTENANCE
PROJECT
SCHEDULE OF ITEMS
SUB-TOTAL
PAY ITEM DESCRIPTION PAY UNIT
EST.
QUANTITY
UNIT PRICE
TOTAL
PRICE
15702
Silt Fence (As appointed by
COR. Refer to subsheet D4 for detail drawing)
Foot 500 $ -
20101(B)
Mowing, Weeding, and Edging, and Clearing (refer to detail drawing)
Acre 0.94 $ -
20201(B)
Clearing of: debris, grass, clippings, roots, pine needles, pine straws, moss, pollen, loose soils, dust etc in its entirety (no herbicide allowed)
Acre 0.29 $ -
20302(C)
Removal of existing concrete
10” dia. x 15’ length concrete culvert, disposal method, legally off of National Forest Land
Each 1 $ -
20302(D)
Removal of resting and eating area 1 in its entirety, disposal method, legally off of National
Forest Land
Each 1 $ -
20302(E)
Removal of resting and eating area 2 in its entirety, disposal method, legally off of National
Forest Land
Each 1 $ -
20302(F)
Removal of existing stairway on
Bld No. SP05, disposal method, legally off of National Forest
Land
Each 1 $ -
20416(C
Waste, disposal of accumulated material from ditch cleaning & re-eastablishment.
C.Y. 35 $ -
30302 Trail Ditch Reconditioning
(Refer to repair schedule) L.F. 127 $ -
60712(B)
Cleaning of structure, in-place
(Includes: cleaning the interior & exterior of structure in intirety, cleaning of fireplace, pressure washing the interior & exterior of structure, & cleaning the roof and drains of structure. Refer to Repair
Schedule)
Each 10 $ -
60801(B)
Power & Pressure Washing
(Includes washing all concrete surface walkways, seating surfaces, and signs in its entirety)
Sq.Yds. 307 $ -
70000(C
Removal of existing metal roof and existing gutter system and replace w/ new metal roofing system and a new gutter and downspout system in its entirety including new fascia boards. (Refer to drawing sheet C1 and D1… Shop drawings of new roofing and gutter system is required)
S.F. 970 $ -
70001
Remodel Decking (Includes remodeling of resting and eating area
2. Shop drawings required. Refer to
Repair Schedule and sheets C1 and
D3)
L.S. 1 $ -
Electrical Work (Including all resturant facility interior and exterior lighting and removal and installation of stove exhaust hood and flue inlcuding new electrical wiring to restroom)
LS 1 $ -
80000
Stairway Handrails System -with an aluminum railing with a pre-coat and a premium powder coat (Refer to repair schedule.
Finish color shall be submitted to
COR for approval)
LS 1 $ -
80001(B)
Floor Mount Aluminum ADA
Handrails System with an aluminum railing with a pre-coat and a premium powder coat
(Refer to repair schedule. Finish color shall be submitted to COR for approval)
LS 1 $ -
80002(B)
2" Dia. Handrail Removal and
Replacement with an aluminum railing with a pre-coat and a premium powder coat (Refer to repair schedule. Finish color shall be submitted to COR for approval)
LS 1 $ -
90000
Concrete stairs (Includes:
construction of new reinforced stairway in its entirety on bld number SP05)
Each 1 $ -
90001
Wooden Solid Window and
Framing Replacement (Includes:
removal and furnishing and installation of new double hung transom natural wooden windows and the framing in its entirety.
Contractor shall verify dimensions before ordering.
Submittal is required)
Each 4 $ -
90002
Water Distibution System
(Includes: 20,000 Gallon Water
Tank, 130 L.F. of 2" HDPE line to resturant, 2-HDPE Poly ball valves, pressure tank, pressure switch, enclosure box, water pump, furnishing and installation of all other misc appartus in its entirety. Submittal is required)
LS 1 $ -
21201(B)
R7-8 - Reserved Parking Sign for Handicap (Includes furnishing and instalation of sign and post. Refer to repair schedule)
Each 2 $ -
30201(B) Aggregate base, grading D, Compaction method B C.Y. 103 $ -
SIERRA PALM OPTIONAL PAY ITEMS
30201(C)
Aggregate base, grading 3/4" angular washed clean aggregate
(Includes furnishing & placement
@1" depth as shown on sheet D6.
Only include w/ Optional Pay
Item 30202)
C.Y. 30 $ -
30202
24" X 24" X 1" TRUEGRID
ECO (has to be included w/ optional pay item 30201(C) as a combination package)
S.F. 6448 $ -
55204(B)
Repair Concrete: grouting repairs, concrete surface repairs and concrete spalling repairs
(Refer to repair schedule)
LS 1 $ -
60201
18 inch pipe culvert, Solid Plain
End Dual-Wall HDPE Culvert with Smooth Interior (Refer to repair schedule)
Foot 10 $ -
63401(F)
Pavement markings type C
(Reflectorize White) (3" wide striping)
Foot 450 $ -
63401(G)
Pavement markings type C
(Reflectorize Blue) (4" wide striping)
Foot 90 $ -
63401(H)
Pavement Markings -
International Symbol of
Accessibility (Handicap Symbol
Painted - Reflectorized Symbol, White on Blue Background)
Each 2 $ -
63401(I)
Pavement markings type C
(Reflectorize White) Includes:
Repainting curb stop
Each 30 $ -
PALO COLORADO INTERPRETATIVE SITE, BANO DE ORO, BANO GRANDE, AND
SIERRA PALM -- MINOR REPAIR & MAINTENANCE PROJECT
(GRAND TOTAL WITH OPTIONS)
PALO COLORADO INTERPRETATIVE SITE, BANO DE ORO, BANO GRANDE, AND
SIERRA PALM -- MINOR REPAIR & MAINTENANCE PROJECT
(GRAND TOTAL WITHOUT OPTIONS)
C - SECTION C - Description/specifications/Statement of Work
Clauses
GENERAL SPECIFICATIONS
Sierra Palm Picnic Area Minor Repair Maintenance Project
1.1 SCOPE OF CONTRACT
A. This project consists of repairing an existing group picnic area. Work includes maintenance, constructing, and installing temporary water distribution system, concessionaire building maintenance and removing and replacing roofing and gutter system, electrical work, minor window and frame replacement, group sites maintenance and minor repairs, parking area striping, signing, trail clearing maintenance, and rehabbing disturbed areas. All work for this project is within the El Yunque National Forest located in Rio Grande, Puerto Rico.
1.2 PROJECT LOCATION
A. Sierra Palm Picnic Area is located entirely on the El Yunque National Forest lands. This project is located approx. 15 miles south of Rio Grande, PR.
From Rio Grande, drive 8 miles east on PR-3 until PR-3 and PR-968 intersection. Turn south on PR-191 and drive 7.3 miles south to project location.
Project Coordinates: 18.30373, -65.78290
1.3 SITE INFORMATION AND LIMITATIONS
A. The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:
1. Construction sites will be closed to the public during construction but open to authorized government employees. The Contractor will be responsible for signing, limiting public access, and safety of public and/or government employees in the area.
2. The Contractor is responsible for the security of the Contractor’s equipment and materials.
3. Utilities are not available at the site for construction purposes.
4. No fuel storage on site is permitted. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.
5. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site. SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
6. All construction equipment shall be pressure washed before entering the Site. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.
1.4 TRAFFIC CONTROL AND CONSTRUCTION SIGNING
A. No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.
1.5 WORK CAMPS, STAGING AND STORAGE AREAS
A. Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.
B. Overnight camping will not be allowed on site.
1.6 INSPECTION OF WORKSITE
A. The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.
1.7 START DATE
A. As appointed by the C.O..
1.8 CONTRACT TIME
A. As shown in contract solicitation.
D - Packaging and Marking
NOT APPLICABLE
E - SECTION E - Inspection and Acceptance
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-1 Contractor Inspection Requirements (APR 1984)
52.246-12 Inspection of Construction (AUG 1996)
F - SECTION F - Deliveries or Performance
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-14 Suspension of Work (APR 1984)
52.246-21 Warranty of Construction. (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 MARCH 15, 2019 . The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)
AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)
Within __10___ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.
The maximum workweek that will be approved is ____5____.
G - SECTION G - Contract Administration Data
G-1 GOVERNMENT-FURNISHED PROPERTY (AGAR 452.245-70) (FEB 1988)
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.
G-2 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 10 days after the date of contract award. The conference will be held at mutually agreeable location.
H - SECTION H - Special Contract Requirements
H-1 FAR 52.236-4 PHYSICAL DATA (APR 1984)
Impacted structures are historic and shall be handled with extreme care for preservation.
Contractor shall not alter or impact such further than described in the Scope of Work.
H-2 STORAGE AND STOCKPILING OF MATERIALS
A minimum of 100 ft buffer from any water stream must be kept. Materials shall be stockpiled in a flat zone and tarped at both the bottom and top of the pile.
The staging of materials shall be completed in phases for natural resource protection if the areas delimited by the COR are not large enough for the amount of materials.
H-3 LOCAL DISPOSAL SITES
Excess or unsuitable material shall be disposed by the contractor out of El Yunque National Forest lands.
H-4 INDUSTRIAL CAMPS
No industrial camps will be permitted for this project.
H-5 PROSECUTION OF WORK – WORK HOUR LIMITS – WORK ITEM
LIMITS
Construction activity may be performed Sunday through Saturday and shall be limited to the hours between 6:30 a.m. and 6:30 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-6 UNUSUAL HAZARDOUS CONDITIONS
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.
Flash Flood Hazard Tree Mortality
I - SECTION I - Contract Clauses
Clauses
52.203-3 Gratuities. (APR 1984)
52.203-5 Covenant Against Contingent Fees. (MAY 2014)
52.203-7 Anti-Kickback Procedures. (MAY 2014)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)
52.204-2 Security Requirements. (AUG 1996)
52.204-2 Security Requirements. (AUG 1996) - Alternate II (APR 1984)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)
52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018)
52.204-22 Alternative Line Item Proposal. (JAN 2017)
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
52.211-18 Variation in Estimated Quantity. (APR 1984)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method). (AUG 2018)
52.225-9 Buy American - Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph
(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph
(d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description
Unit of measure Quantity
Price (dollars)*
Item 1
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
Item 2
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
(End of clause)
52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
52.225-11 Buy American - Construction Materials Under Trade Agreements. (OCT 2016)
(a) Definitions. As used in this clause-
Caribbean Basin country construction material means a construction material that-
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or 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.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country ((Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.
Domestic construction material means-
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
Free Trade Agreement country construction material means a construction material that-
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.
Least developed country construction material means a construction material that-
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
United States means the 50 States, the District of Columbia, and outlying areas.
WTO GPA country construction material means a construction material that-
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
[Contracting Officer is to list applicable excepted materials or indicate "none"]
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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)(4)(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)1
Item 1:
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
Item 2:
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
1 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.
(End of clause)
52.225-12 Notice of Buy American Requirement - Construction Materials under Trade Agreements.
(MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is…
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