12467020R0033 Body.doc

ROAD CONSTRUCTION idiq 12467020R0033

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS…………………………………………..page 3 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK…………………………...page 4 SECTION D - PACKAGING AND MARKINGS……………………………………………………………...page 5 SECTION E - INSPECTION AND ACCEPTANCE…………………………….…………………………….page 6 SECTION F - DELIVERIES OR PERFORMANCE………………………………….……………………….page 7 SECTION G - CONTRACT ADMINISTRATION DATA……………………………………………………page 8 SECTION H - SPECIAL CONTRACT REQUIREMENTS………………………………………………….page 14 SECTION I - CONTRACT CLAUSES…………………………………………………………………………page 15 SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS…………………...page 24

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS…………………………………………………………………………………page 25 SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS..p. 20 SECTION M – EVALUATION FACTORS FOR AWARD…………………………………………..………page 33 IMPORTANT NOTE: PROPOSALS ARE DUE 31 MARCH 2020 AT 12:00 PM EST AND MAY BE EMAILED OR MAILED TO:

EMAILED (preferred) TO KELLY.B.UPDEGRAFF@USDA.GOV

OR

MAILED TO:

USDA FOREST SERVICE

4931 Broad River Road

Columbia, SC 29212

ATTN: KELLY B. UPDEGRAFF

CONTRACTORS MUST SUBMIT THE FOLLOWING DOCUMENTS (proposals may be deemed unresponsive if these documents are not provided at the time proposals are due):

1) SF 1442 (must be signed and dated)

2) BODY: CONTRACTOR INFORMATION – page 2 (below)

3) SCHEDULE OF ITEMS – page 3 (below)

4) ATTACHMENT 1: DETAILED SCHEDULE OF ITEMS

5) AMENDMENTS (AS APPLICABLE)

CONTRACTOR INFORMATION

ACTIVE IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) (To be awarded this contract, contractor MUST be active in SAM at the time solicitations are due as prescribed in FAR 52.204-7).

COMPANY NAME: _____________________________________________________________________________

TAX ID# ___________________________

DUNS# _____________________________ CAGE# _________________

POINT OF CONTACT ___________________________________________________________________________

EMAIL ADDRESS ______________________________________________________________________________ PHONE # ____________________________________ CELL PHONE _________________________________________

FAX # ________________________________________

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

INTENT AND LOCATION:

The Forest Service, Savannah River Site, has a requirement for a Road Construction Indefinite Delivery/Indefinite Quantity (IDIQ) contract. This solicitation will result in award of a firm fixed price IDIQ contract with two (2) awardes. The IDIQ will be a base year plus four option years. This is a 100% Small Business Set Aside.

All items on the Schedule of Items are to be completed and submitted as the offeror’s cost proposal. Failure to submit a completed schedule will result in the offeror’s entire proposal package being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places. The Schedule of Item is only one document of several that must be submitted with your proposal.

SEE ATTACHMENT 1 – SCHEDULE OF ITEMS

Item

No.

Description Total

Seed Task Order – Road 5-31.2 Attachment 1, $_________________

Performance period 45 calendar days.

Magnitude of this project is less than $25,000.00.

MAGNITUDE IS PER TASK ORDER

Bonds will be determined per task order. Bid guarantees will be determined per task order.

Pre-Bid Site visit information in Section L. Pre-bid site visits are not mandatory but are highly encouraged.

THE INCUMBENT for this project is Hydra Engineering and Construction LLC of Crawfordville, FL. The IDIQ was a base year plus two option years. The maximum amount for the duration of the IDIQ was not to exceed $1,000,000.00; this was reached. Thirty (30) task orders were issued and the range per task order was from $7,000.00 to $100,000.00.

Overall Minimum Guarantee of each IDIQ contract (two) is: $25,000.00

Overall Single Order allowed under each IDIQ contract is: $250,000.00

Total Aggregate Maximum of each IDIQ contract is: $5,000,000.00

Base Year:

6 April 2020, or date of award, whichever is later, through 5 April 2021

Option Year 1:

6 April 2021 through 5 April 2022

Option Year 2:

6 April 2022 through 5 April 2023

Option Year 3:

6 April 2023 through 5 April 2024

Option Year 4:

6 April 2024 through 5 April 2025

SECTION C - STATEMENT OF WORK

SCOPE OF CONTRACT – Contractor shall furnish all labor, equipment, materials, tools, transportation, supplies (including safety), and supervision necessary to complete this construction project in accordance with the Specifications and Drawings identified in Section J.

See ATTACHMENT 2 – Statement of Work for detailed project information

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.211-72 STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

452.211-73 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS. (FEB 1988)

SECTION D—PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

---NONE---

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):

https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

GOVERNMENT QUALITY ASSURANCE

The Government will monitor services to ensure that the Contractor is providing quality material and the quality of work expected and meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to make random or scheduled inspections of the services provided.

Government inspections will be documented and placed in the COR’s file. If the employee’s work does not meet the the standards as outlined in this contract, a Notice of Non-Compliance will be issued to the Contractor. The CO may issue other cure notices if services are not being provided in a timely manner or does not comply with contract specifications.

Government inspections are for the sole benefit of the Government and do not-

1) Relieve the Contractor of responsibility for providing adequate quality control measures;

2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3) Constitute or imply acceptance; or

4) Affect the continuing rights of the Government after acceptance of the services.

Inspection of the construction and/or demolition under this contract shall be made by the Contracting Officer's Representative (COR) or the Alternate COR as the work progresses and at such intervals as are necessary to insure compliance with the contract specifications and provisions. If the construction or demolition is not acceptable by the COR, the contractor shall perform said project to the satisfaction of the COR in accordance to this contract at no cost to the government. Upon acceptance by the COR, the contractor may submit their invoice in the IPP system.

CONTRACTOR QUALITY CONTROL

The Contractor is to ensure the material and the quality of work is in accordance with this contract. Subcontracting work is not an excuse for substandard performance. The Contractor will have measures in place to ensure services are performed to the Statement of Work in this contract. The Contractor is to communicate with the CO and COR as needed and shall be available to meet the CO and/or COR within a reasonable timeframe when requested.

SECTION F—DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work.

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within _per Task Order_ [Contracting Officer insert number] 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 _per Task Order_.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

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

SECTION G—CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within per task order calendar days after the date of contract award. The conference will be held at a location designated by the Contracting Officer.

CONTRACTING OFFICER

a. The Contracting Officer (CO) responsible for award of this contract:

Mr. Kelly B. Updegraff

USDA Forest Service (Region 8)

4931 Broad River Road Columbia, SC 29212

(803) 561-4093 email: kelly.b.updegraff@usda.gov

b. The Contracting Officer (CO) responsible for administration of this contract: same as above

c. A Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modification to contracts, processes and approves payment request, reviews and make final decisions on contractual discrepancies, and administers the contract. The CO will also be responsible for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s version and the contractor’s version. The Contracting Officer is the only authorized individual to make changes to the contract.

CONTRACTING OFFICER’S REPRESENTATIVE(S) – LIAISON

a. Contracting Officer’s Representative(s) (COR) and/or inspector will be designated in writing at the time of contract award. A copy of the designation will be furnished to the Contractor.

b. The COR will act as liaison between the USDA Forest Service herein referred to as “FS” and the Contractor(s), and, when necessary, will provide technical direction to the Contractor(s). The Contracting Officer’s Representative (COR) and is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. The COR, however, is not authorized to change any of the terms and conditions of the contract, make decisions concerning disputes arising under the contract, or resolve differing site condition matters. Neither the presence nor absence of a government representative shall relieve the Contractor(s) of his/her/their responsibilities under the contract.

c. The Contracting Officer for this contract should be informed as soon as possible of any actions or inaction’s by the Contractor or the Government which could change any of the terms, conditions, or completion time stated in the contract. On all matters pertaining to contract terms, the Contractor must communicate with the Contracting Officer.

d. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Contract, the Contractor should advise the Contracting Officer immediately.

CONTRACTOR OBLIGATION:

Contractor shall provide personnel who are trained and competent to accomplish the work on this contract in a manner consistent with the highest professional standards of the industry. Contractors are required to stay in communication with the designated Contracting Officer's Representative (COR) at all times.

On all matters that pertain to the contract terms, the Contractor shall communicate, in writing, with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests are outside the scope of the contract, the Contractor should so advise the COR and CO immediately. Buying and using material or performing any construction or demolition not listed in this contract without proper contractual modification by the Contracting Officer could result in nonpayment of these services and shall result in the Contractor performing those services at their own expense.

KEY PERSONNEL

The contractor shall assign a point of contact (POC) for this contact. The POC’s full name, phone number, and email address must be submitted in their technical quote. The Contractor’s POC must be (i) deemed acceptable to the Government, (ii) authorized to act on the Contractor’s behalf; and (iii) be present on the job site at all times when contract work is being performed. If the Contractor’s POC is the only individual present, that POC must be a key personnel. (See Superintendence by the Contractor, Section I, Federal Acquisition Regulation Clause 52.236-6).

The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer, in writing, within a reasonable timeframe. Oral notifications may be made for immediate, unexpected changes followed by written notifications containing the new key personnel’s full name, phone number, and email address. Substitutes should have comparable qualifications to those of the person(s) being replaced. The Contractor is responsible to retrieve any keys and/or cleaning material associated with this contract.

TECHNICAL DIRECTION

The performance of work required herein shall be subject to the technical direction and inspection of the COR. As used herein, “technical direction” is direction to the Contractor(s), which requires pursuit of certain lines of inquiry, filling in details or otherwise serving to accomplish the contract or task order specifications. The technical direction, to be valid:

a) Must be issued in writing consistent with the general scope of the work set forth in the contract;

b) May not constitute a new assignment of work or changes to the expressed terms, conditions, or specifications incorporated into this contract or any task orders issued by the CO or ACOs;

c) Shall not constitute a basis for extension of the contract / task order delivery schedule(s)

Nothing contained in this part authorizes the Contractor(s) to incur costs in excess of the contract price or other limitations of funds set forth in the contract due to extra work performed in response to informal directions, suggestions, or instructions (oral or written) given by representatives of the CO, unless prior to commencing such work, the Contractor(s): 1) directly notifies the CO; 2) requests a formal contract modification; and 3) receives written authorization to proceed from the CO.

JOB SITE ADMINISTRATION

The Government will designate a COR to inspect the work. The COR will maintain a daily journal that will be filled out for days the COR visits the worksite. Government inspections do not relieve the Contractor(s) of the responsibility of providing adequate quality control measures. The Contractor or the Contractor’s Superintendent must contact the COR or CO regarding technical decisions and directions however only the CO may modify the contract to include or delete such work.

PLACE OF PERFORMANCE AND HOURS OF OPERATION

Normal operational hours are approximately from 07:00 am to 5:30 PM Eastern Standard Time, Monday through Friday. Task orders may offer different and/or expanded hours depending on the location of the project.

Please note that access to the Savannah River Site is restricted and requires training and badging.

Emergency services may be performed as required after normal business hours stated above or during the following Federal Holidays:

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February

Memorial Day – Last Monday in May Independence Day – July 4th

Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November

Christmas Day – December 25th

MEETINGS

The Contractor(s) shall be available to meet with the CO and/or COR upon request. Meetings will be scheduled by the CO or COR with timely notification to the Contractor(s).

GOVERNMENT FURNISHED ITEMS:

Any Government property involved in this contract is outlined in the Statement of Work/Specifications.

INVOICING:

The Contractor may invoice after services have been accepted by the Government. The Contractor shall submit invoices and any applicable information to the Contracting Officer Representative (COR) for approval and processing via the Invoice Processing Platform (IPP). Contractors must sign up in IPP prior to submitting an invoice at www.IPP.gov. It is the Contractor’s responsibility to invoice using IPP. Invoices are paid on a Net 14 day basis from the date a proper invoice is received. Department of Labor Payroll Form WH347 (https://www.dol.gov/whd/forms/wh347.pdf) and daily diaries for that period must be submitted as an attachment to the IPP invoice or emailed to the COR. Invoices will be approved after they have been verified for correctness.

If the Contractor has an existing IPP user name and password from any federal agency that uses IPP, the Contractor must use these to log into IPP and submit an invoice. If the Contractor has never had an IPP user name or password, upon signing this contract, USDA will email the user name and the Dept. of Treasury will email the password. The COR and/or CO may be able to provide assistance with submitting an invoice in IPP after the user name and password have been provided.

Utilities Where available, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However, due to the location of the projects under the resultant contract, the Government does not guarantee there will be facilities available to use under this contract.

Department of Labor Workplace Posters DOL Workplace Posters shall be located where all employees and/or subcontractors have access to them and are able to read said posters in accordance with FAR 52.203-14. DOL Workplace Posters may be found at https://www.dol.gov/whd/resources/posters.htm.

Biobased Product Utilization The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects)

Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, at the end of performance under this contract, the winning Contractor shall compile a complete list of biobased products and dollar value, purchased to carry out the contract requirements. This information must be reported to http://www.sam.gov , with a copy to the Contracting Officer and COR, prior to submission of the final invoice.

TASK ORDER CONTRACTING

All projects shall be issued through separate Task Orders, and will be competed between all ID/IQ contract holders awarded during RFP process. The successful offeror shall be responsible for the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, energy performance upgrades, and construction of infrastructure, buildings, features, structures and other property, and other work as stated in the Task Order.

DRAWINGS

The work shall conform to the drawings when provided with a Task Order.

IDIQ ORDERING PROCEDURES

Description of Agreement

The contractor shall furnish the products/services as required in the SOW, if and when requested by the Contracting Officer (CO) as specified in the individual Task Orders.

Extent of Obligation

The IDIQ Contract does not obligate any funds. Funds will be obligated on individual USDA – FS – Task Orders.

Ordering Procedures

1. Task Orders will be placed against this ID/IQ via email only.

2. Orders may be placed only by a warranted CO/PA in the USDA – FS. All orders under this ID/IQ shall be made via a written Task Order (OF-347 or equivalent). A specific, sequential order number shall be included on the order and shall specify the ID/IQ Contract number, as will specific Period of Performance.

3. A new requirement will be sent to the Contractor via email, telephone, or other method that will convey the necessary information. Use of electronic commerce (EC) is encouraged.

4. Contractors will respond by submitting technical specifications and pricing for the proposed requirement via e- mail to the requesting CO/PA.

5. Evaluations of proposals will normally be based solely on price, however individual requests may be evaluated on price and other factors identified in the request.

6. Based on a review of the Contractor's response and any necessary clarifications, the CO/PA will issue a written

Task Order award (OF-347, SF-1442 or equivalent) to the Contractor via email.

7. Ordering Thresholds Task Orders will be placed against this ID/IQ by the USDA – FS organizational elements in accordance with the following: Competition was established through RFP process of the base ID/IQ, and competition will be used with all ID/IQ contract holders based on Competition Threshold Sources Sought stated below:

· <$25,000.00 Single Source ID/IQ Holder - Requirements estimate at less than $25,000, the Government may propose a single IDIQ holder to receive the requirement.

· >$25,000.00 All ID/IQ Holders - If the requirement estimate exceeds $25,000, then all ID/IQ holders will receive the requirement for proposal/quote.

· Any services deemed an emergency by the Government may result in a single source award to any of the ID/IQ holders regardless of value.

8. Ordering Exceptions

Exceptions to the Ordering Procedures are listed below.

· The need for such services is of such urgency that providing such opportunity would result in unacceptable delay.

· Only one awardee is capable of providing the services required at the level of quality necessary because the services ordered are unique/specialized.

9. Award of Task Orders

Task Order will primarily be awarded based on price. However, induvial task orders may include evaluation factors other than price. Task Orders issued under any resulting ID/IQ will include the following information as applicable:

(1) ID/IQ Contract Number and Delivery/Task Order number;

(2) Date of the order;

(3) Description of the products/services to be performed;

(4) The work Schedule, period of performance, or required completion date;

(5) Place of delivery or performance;

(6) Deliverables;

(7) Line item number and description, quantity, unit price and extended total;

(8) Accounting and appropriations data.

(9) DOL Wage Rates

SECTION H—SPECIAL CONTRACT REQUIREMENTS

SAVANNAH RIVER SITE ENTRY REQUIREMENTS:

The Savanah River Site is a secured Department of Energy site. Special access and consideration must be considered. See the following website for:

1) Location: https://www.srs.gov/general/about/aiken_augusta_srs_directions.pdf

2) Point of Entry Briefing: https://www.srs.gov/general/tour/point_of_entry.pdf

3) Badging Requirements: https://www.srs.gov/general/tour/acceptable_id.pdf.

THE SAVANNAH RIVER SITE IS A SECURED DEPARTMENT OF ENERGY SITE. SPECIAL PROVISIONS TO ACCESS THE SITE ARE ATTACHED. NONCOMPLIANCE WILL BAR YOU FROM ENTRY WITHOUT EXCEPTION.

IF AWARDEE IS UNABLE TO GAIN ENTRY TO THE SAVANNAH RIVER SITE DUE TO THEIR OWN NEGLIGENCE, THE CONTRACT SHALL BE TERMINATED FOR DEFAULT. THE GOVERNMENT RESERVES THE RIGHT TO RESOLICIT USING THIS SAME FORMAT AND ONBOARD A NEW CONTRACTOR.

SECTION I—CONTRACT CLAUSES

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):

https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-12 Unique Entity Identifier Maintenance (OCT 2016)

52.204-13 System For Award Management Maintenance (OCT 2016)

52.204-21 Basic Safeguarding and Covered Contractor Information Systems (JUN 2016)

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)

52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Business Set-Aside (NOV 2011) 52.219-14 Limitations on Subcontracting (JAN 2017)

52.219-28 Post-Award Small Business Program Representative (JUL 2013)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Act 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)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated items in Service and Construction Contracts (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 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) 52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (NOV 2017)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alt III (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American—Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

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.

“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 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—

(3) 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

(4) 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:

_______NONE_____________________________________

[Contracting Officer to list applicable excepted materials or indicate “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 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.

(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

Item 1:

Domestic construction material

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

[Include other applicable supporting information.]

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

52.225-10 Notice of Buy American Requirement—Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

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)

Alternate I (May 2014). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

52.211-18 Variation in Estimated Quantity.

As prescribed in 11.703(c), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items:

Variation in Estimated Quantity (Apr 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.236-1 Performance of Work by the Contractor.

As prescribed in 36.501(b), insert the following clause:

Performance of Work by the Contractor (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _6 April 2020 or date of award, whichever is later_ through __5 April 2021______ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

OPTION PERIODS:

If the option periods are exercised by the Government, orders will be issued during the following periods of performance:

Option Year 1:

6 April 2021 through 5 April 2022

Option Year 2:

6 April 2022 through 5 April 2023

Option Year 3:

6 April 2023 through 5 April 2024

Option Year 4:

6 April 2024 through 5 April 2025

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _$250,000.00_ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of __$5,000,000.00 per Awardee___ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __10__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after __120 days__ [insert date].

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 calendar day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.216-32 Task-Order and Delivery-Order Ombudsman (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Teri Sabin

1400 Independence Ave, SW

Mailstop 1138 (AQM)

Washington, DC 20250-1138 tasabin@fs.fed.us

318-625-7501

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

CONTRACT ADMINISTRATION REQUIREMENTS

1. The Contracting Officer will issue the Contracting Officer Representative (COR) Designation Letter and Department of Labor (DoL) Wage Determination for this BPA at the time of…