quote_doc_and_clauses.docx

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

See Section F

11. SCHEDULE (Include applicable Federal, State and local taxes)

Enter pricing on schedule of items in section B

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

ESTIMATED

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

NOTES:

a. There is a requirement for payment protections (Irrevocable Letter of Credit (ILC) or payment bond) if quote is over $35,000. The payment bond or ILC will be for 100% of the award price and submitted within 10 days after contract award. See Section I for additional information. There is no bid guarantee required.

b. Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

c. There is a pre quote meeting. Date: Friday April 20, 2018 Time: 10:00am Central Time Location: Midewin Visitors Center 30239 S. IL State Rte 53 Wilmington, IL 60481

d. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SPECIFICATIONS

Provide labor, materials, and equipment required to remove or replace embankment material in areas where excavation occurred during railroad construction in the 1940’s. The intent is to restore a more natural topography on the Midewin National Tallgrass Prairie. Work will include, but not be limited to, the following: Restore natural contour for the approximately 1.5 miles of railroad bed as shown on drawing RR-1and included as Attachment A. Tasks include:

RAILTOAD TIE REMOVAL - Railroad ties, crossing ties and siding ties are piled upon and along the former railroad ballast to be removed. These ties must be removed prior to vegetation and ballast removal to allow the ballast removal work to proceed. Contractor will remove the ties and dispose of them off-site. It is estimated that there are approximately 40 tons of debris to remove. Many of the materials originating from Midewin National Tallgrass Prairie will be accepted at the adjacent Prairie View Landfill (PVL) with no tipping fees if the waste meets PVL specifications for “no tipping fee” waste. Qualifying waste materials shall meet PVL waste dimension requirements. Miscellaneous debris such as railroad ties may need to be processed in a manner acceptable to PVL. The contractor will need to check with PVL for their requirements.

VEGETATION REMOVAL – With the exception of trees marked for preservation by the Forest Service all trees and brush shall be removed from the rail beds and associated side slopes, consolidated into manageable sized piles, and placed adjacent to the disturbed work area. Excess soil shall be removed from root balls before pushing into piles. Too much soil prevents efficient burning of the piles in the future. Quantity and spacing of brush piles shall be reviewed with the Forest Service prior to start of work.

RESTORE FORMER TOPOGRAPHY – The restored rail bed and its adjoining ditches will neither function as a surface or subsurface drain in excess of natural rates, nor function as an impoundment, particularly if wetlands will occur on the rail bed, adjacent to the rail bed, or in the area upstream from the rail bed. The restored rail bed does not function a site for dispersal or colonization of invasive species to a greater degree than surrounding lands. It is desired that the texture and composition of material (e.g. mixture of particle sizes and mineralogical content) in the soil profile of the restored rail bed establish conditions for long-term development of soils that are members of the same Great Group as the neighboring native soils.

In order to accomplish this no railroad ballast (gravel) shall remain within the top two (2) feet of the final grade. The depth of ballast ranges from approximately 12 to 14 inches and width of the ballast ranges from 19 to 20 feet. Restored rail beds will have the following characteristics:

For a buried rail bed, minimum 2 feet topsoil.

For raised rail bed, remove fill down to surrounding grade.

For rail bed close to surrounding grade, remove ballast and replace with topsoil, re-grade to blend with surrounding grade.

If any ballast remains at or near the surface after treatment, the aggregate is mixed in the soil profile and disbursed laterally so that it is not visually apparent except when looking below the grass/duff cover or after a fire. Generally, residual gravel will not cover more than 10% of the surface.

As much of the ballast as possible will be disposed of at cuts indicated on sheet RR1. The ballast will be used to partially fill the rail cuts in preparation for capping with two feet of soil to achieve final grade.

Past experience has shown that in fill areas higher than about 16 inches, soil was placed below the ballast to construct the elevated rail bed. This soil shall be removed down to surrounding grade and used to cover ballast requiring topsoil cover.

Metal culverts crossing beneath elevated rail beds are also to be removed and disposed off-site. Topography around culverts shall be returned to match the drainage pattern of the extended surrounding grade.

Additional topsoil may be available adjacent to the cut sections of the existing rail bed if needed. Any disturbed areas created in obtaining topsoil will require final grading with seed/mulch.

The contractor shall make every effort to balance the cuts and fills along the 1.5 miles of rail bed included in this contract. Alternate sites to deposit excess soil and or ballast remaining after all of the cuts along the rail bed have been filled will be identified within 1.25 miles of the project site.

No fill material shall be placed closer than 50 feet from the existing bison fencing at the east end of the project site. Also note that there is not a gate at the east end of the project site.

Photos and typical cross sections are provided in Attachments B and C to better describe the cut and fill sections associated with this contract and the type of treatment that is required to achieve the desired final condition.

SEED AND MULCH

Any area of ground disturbed during excavation, filling, or hauling operations will require seeding and mulching as described below.

Use seed within one year of the test date appearing on the label.

Test seed according to the methods and procedures used for sampling and analyzing seed for purity, germination, and noxious weed seed content specified in the current edition of Rules for Testing Seed, published by the Association of Official Seed Analysts.

Store any seed delivered before use in a way that protects it from damage by heat, moisture, rodents, or other causes. Discard and replace any previously tested and accepted seed that becomes damaged.

Seed mixture shall be of the species listed below. If no variety is listed, there will be no restriction Use seed of the species and varieties listed below.

Minimum percent purity for native for species is 90 percent. If a listed species is not available, substitutions may be made with COR's approval and must be documented.

Complete grading and shouldering of topsoil before permanent seeding. Just before seeding, work the area being seeded with discs, harrows, or other appropriate equipment to obtain a reasonably even and loose seedbed.

Select the method of sowing from either method A, method B, or an appropriate combination of methods A and B. Obtain the COR's approval for the sowing method and specific procedures used for each seed mixture used before sowing that mixture.

Method A Sow the selected seed mixture using equipment adapted to the purpose, or by scattering it uniformly over the areas to be seeded. Lightly rake or drag to cover the seed with approximately 1/4 inch of soil. After seeding, lightly roll or compact the areas using suitable equipment, preferably the cultipacker type, when the COR judges the seedbed too loose, or if the seedbed contains clods that might reduce seed germination. The contractor shall not roll slopes steeper than 1:3.

If scattering seed by hand, perform this work with satisfactory hand seeders and only when the air is calm enough to prevent seeds from blowing away.

Seeded areas shall be covered with straw or other approved mulch applied either by hand or via powered equipment designed to deliver mulch cover.

Method B Sow or spread the seed upon the prepared bed using a stream or spray of water under pressure and operated from an engineer-approved machine designed for that purpose. Place the selected seed mixture and water into a tank, provided within the machine, in sufficient quantities that when spraying the seed on a given area it is uniformly spread at the required application rate. During this process, keep the tank contents stirred or agitated to provide uniform distribution. Spread the tank contents within one hour after adding the seed to the tank. The engineer will reject seed that remains mixed with the water for longer than one hour. The engineer will not require dragging or rolling. Most “hydro-seed” methods do not require an additional layer of mulch cover.

C.2 LOCATION AND DESCRIPTION

The Midewin National Tallgrass Prairie in headquartered at 30239 South State Route 53, Wilmington, Illinois 60481. The project site is located approximately 2.5 miles northeast of the office within the active bison range managed by Midewin. In order to prevent accidental release of the herd, there will be limited access points that will be closely monitored by both the contractor and the Forest Service. The Forest Service will attempt to keep the herd in a separate pasture from the active work site but containment and safety protocols will be in affect at all times regardless of the location of the herd. All gates will remain locked at all times, trips in and out of the work area shall be limited to as few as necessary, and personnel shall be cognizant and aware of any change in the herd’s location or behavior.

C.3 TECHNICAL REQUIREMENTS

A. Equipment Requirements: Equipment shall be furnished on a fully operated basis, of modern design, and in good operating condition, with a competent qualified operator. Exhaust stacks on all engines, except those with exhaust-driven turbo-chargers, shall be equipped with spark arresters that will prevent the expulsion of sparks from the engine into the atmosphere. All fuel, supplies, repairs, and incidentals shall be furnished by the Contractor.

Inspection of Equipment: Equipment will be inspected at the time it is delivered to the job. Equipment shall be clean, such as equipment that has been through a truck wash and not carrying invasive plants or seeds. Equipment that does not meet contract specifications may be rejected. Rejected equipment will be replaced or the deficiencies corrected within four (4) calendar days after notice of rejection. If the equipment cannot perform on site it may also be removed or replaced.

2. Operator

The Contractor shall furnish a qualified, experienced and competent operator, capable of operating the equipment in terrain similar to that where the work is to be performed. The Government may require the replacement of an operator who is considered incompetent, careless, or otherwise objectionable. Operator shall wear OSHA approved safety gear while operating equipment and comply with the Occupational Safety and Health Act of 1970 (as amended).

B. Safety

The contractor and its employees and subcontractors shall comply with all State and local safety requirements and will be thoroughly familiar with the Forest Service Safety Code for work of this type. This code is available for review at the closest Forest Service office. Protective devices, including but not restricted to hard hats, shall be worn. All efforts shall be made to protect traffic and the contractor vehicles shall stay within the appropriate speed in the areas but not to exceed thirty miles per hour (30 mph). When working, the contractor shall make readily available spill cleanup materials and any spill greater than one (1) pint shall be immediately reported to the Contracting Officer’s Representative (COR).

Contractors must avoid remaining contaminated Army land in or near the work area, and must be aware of the potential for discovery of CERCLA wastes, TSCA (PCB) equipment, or remnant ordnance materials (Munitions and Explosives of Concern (MEC)). Contractors shall notify the Midewin Safety Officer and COR or Inspector of any discovered suspicious material, equipment or items encountered during work.

At some time prior to 1996 when Midewin was established it is known that the Army used an herbicide that contained arsenic. Residual arsenic still remains along fence lines and rail lines. Dust reduction procedures should be followed to prevent accidental inhalation of dust by workers.

C.4 PERFORMANCE REQUIREMENTS

Contractor is responsible for any notifications, licenses or permits required to perform this work.

Performance Schedule: The overall performance period for completion of the task is 120 days.

Re-use and Recycling The contractor shall recycle all applicable demolition waste including but not limited to brick, steel and concrete, unless otherwise approved by the USDA Forest Service Contracting Officer’s Representative (C.O.R.). The contractor shall submit in a timely manner to a designated representative of the USDA Forest Service all available weight tickets for the removed materials, recycled and landfilled.

Protection of Resources & Reparation of Any Damages

Contractor shall confine operations to the designated work area, follow designated travel lanes and use existing roads, rail beds, and parking areas unless approved by a FS representative. Contractor shall avoid entering any areas enclosed by orange construction fencing, or bamboo stakes and flagging. Any soil or other resource damage (e.g. rutting deeper than six inches, tracking, etc.) shall be mitigated by the contractor prior to completion of the work.

The Contractor will ensure spill cleanup materials will be available on each project at all times on the Prairie. Any spill greater than one (1) pint must be immediately reported to the COR or Inspector. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

SECTION J - LIST OF ATTACHMENTS

Attachment B – Photos 1-7 Attachment C – Drawing RR-2 Typical Cross Sections

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html or https://energy.gov/eere/femp/energy-efficient-products-and-energy-saving-technologies

C1.1.2 Environmentally Preferable Products:

www.epa.gov/epeat.

SAFETY AND HEALTH

1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _5__ 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 120 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

G.3 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

G.4 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

RELEASE OF CLAIMS

To be submitted by contractor with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

G.5 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.6 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

H.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system at the Contracting Officer’s discretion.

H.3 UTILITY SERVICES

PART II--CONTRACT CLAUSES

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):

http://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

52.225-9 Buy American Act-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:

[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

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [Department of Agricuture Regulation ] (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.228-71 Insurance Coverage. (NOV 1996) Alt 1 (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of ____*___ per occurrence.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Maps Davis Bacon Wage Determination

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

FAR 52.204-8 Annual Representations and Certifications (NOV 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $15mil.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless.

(A) The acquisition is to be made under the…