RFQ_12569R19Q0034.docx
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- 12569R19Q0034
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| CONSTRUCTION RFQ | SOL NO |
| UNIT | |
| PROJ NAME | |
| PAGE 2 of 36 |
REQUEST FOR QUOTATION
PAGE OF PAGES
| (THIS IS NOT AN ORDER) |
| THIS RFQ |
| |X| |
| IS |
| |_| |
| IS NOT A SMALL BUSINESS SET- ASIDE |
| 1 |
| 1. REQUEST NO. |
| 2. DATE ISSUED |
| 3. REQUISITION/PURCHASE REQUEST NO. |
| 4. CERT. FOR NAT.DEF. |
| RATING |
| 12569R19Q0034 |
| 7/2/2019 |
| 964787 |
| UNDER BDSA REG. 2 |
AND/OR DMS REG. 1
| 5a. ISSUED BY |
| 6. DELIVER BY (Date) |
| LSAT, 5761 N Skeel Ave, Oscoda, MI 48750 |
| See Section F |
| 5b. FOR INFORMATION CALL (NO COLLECT CALLS) |
| 7. DELIVERY |
| |_| |
| FOB DESTINATION |
| NAME |
| TELEPHONE NUMBER |
| |_| |
| OTHER (See Schedule) |
Debra Brinn (CO)
| AREA CODE |
| NUMBER |
| 9. DESTINATION |
Rebecca Hickey (Engineer)
989-739-0728 x 3010 715-762-5133
a. NAME OF CONSIGNEE
8. TO:USDA/USFS LSAT
| a. NAME |
| b. COMPANY |
| b. STREET ADDRESS |
Debra Brinn
| c. STREET ADDRESS |
| c. CITY |
5761 N Skeel Ave
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| d. STATE |
| e. ZIP CODE |
| Oscoda |
| MI |
| 48750 |
| 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS |
| IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the |
| By 2 pm EST on 18 July 2019 |
| submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. |
11. SCHEDULE (Include applicable Federal, State and local taxes)
| ITEM NO. |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| (a) |
| (b) |
| (c) |
| (d) |
| (e) |
| (f) |
Chippewa and Namakagon Campground Electrical and Host Site Improvements
Enter pricing on schedule of items in section B
| ***SEE RESTRICTIONS ON PAGE 3 |
| Firm fixed price |
| This project is 100% set-aside for small businesses |
| Submit pages 1-3 to debra.brinn@usda.gov |
| Please complete reps and certs at SAM.gov |
| Reps and certs are mandatory |
| a. 10 CALENDAR DAYS (%) |
| b. 20 CALENDAR DAYS (%) |
| c. 30 CALENDAR DAYS (%) |
| d. CALENDAR DAYS |
12. DISCOUNT FOR PROMPT PAYMENT
| NUMBER |
| PERCENTAGE |
| NOTE: Additional provisions and representations |
| |X| |
| are |
| |_| |
| are not attached. |
| 13. NAME AND ADDRESS OF QUOTER |
| 14. SIGNATURE OF PERSON AUTHORIZED TO |
| 15. DATE OF |
| a. NAME OF QUOTER |
| SIGN QUOTATION |
| QUOTATION |
| b. STREET ADDRESS |
| 16. SIGNER |
| a. NAME (Type or print) |
| b. TELEPHONE |
c. COUNTY
AREA CODE
| d. CITY |
| e. STATE |
| f. ZIP CODE |
| c. TITLE (Type or Print) |
| NUMBER |
NSN 7540-01-152-8084
Previous edition not usable
| 18-121 |
| STANDARD FORM 18 (Rev. 6-95) |
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
Construction RFQ 12569R19Q0034
| Chippewa and Namakagon Campground Electrical and Host Site Improvements | |
| PAGE 27 of 40 |
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
Schedule of Items
BASE BID
CHIPPEWA CAMPGROUND IMPROVEMENTS
| ITEM NO. |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT COST |
| TOTAL COST |
| 1 |
| ELECTRICAL PEDESTALS |
| 17 |
| EACH |
| 2 |
| DIRECT BURIED ELECTRICAL SERVICE WIRE (BORE UNDER ROADWAY AS NEEDED) |
| 2648 |
| L.F. |
| 3 |
| TRANSFORMER UPGRADE service change |
| 1 |
| LS |
TOTAL BASE BID
OPTIONAL BID ITEM
NAMEKAGON CAMPGROUND IMPROVEMENTS
| ITEM NO. |
| DESCRIPTION |
| QTY. |
| UNIT |
| UNIT COST |
| TOTAL COST |
| 1 |
| HOST SITE HOLDING TANK AND RISERS |
| 1 |
| EACH |
| 2 |
| ACCESSIBLE CAMPSITE SEWER DROP AND PIPING |
| 1 |
| EACH |
| 3 |
| HOLDING TANK HIGH WATER ALARM |
| 1 |
| EACH |
| 4 |
| ELECTRICAL PEDESTALS |
| 23 |
| EACH |
| 5 |
| DIRECT BURIED ELECTRICAL SERVICE WIRE |
| 3024 |
| L.F. |
| 6 |
| DIRECTIONAL ELECTRICAL SERVICE WIRE BORE UNDER ROADWAYS |
| 240 |
| LF |
| 7 |
| SITE WORK (New Host Site) |
| 1 |
| LS |
| 8 |
| TRANSFORMER UPGRADE |
| 1 |
| LS |
TOTAL OPTIONAL BID
WORK RESTRICTIONS
Work can begin any time after the notice to proceed with the following restrictions:
1. Thirty day notice is required before work begins. The electrical work is on reservable campsites so more advance notice is required.
2. Work is only allowed 08:00 AM Monday through 12:00 PM (noon) on Friday. No work on weekends or federal holidays.
3. Work between the following dates will also need to be coordinated with a paving contractor and may have more restrictive access:
a. Chippewa Campground: September 4, 2019 – October 27, 2019
b. Namakagon Campground: May 11, 2020 – June 19, 2020
4. Work completed before the above paving periods will not require directional boring. After new pavement is placed, direction boring will be required under new pavement.
5. Anticipated completion date of June 26, 2020.
***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:
Signature of authorized personnel
Printed name of authorized personnel
Contact email and phone number
Company Name
Company DUNS or Cage Code from SAM.gov
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 no pre-bid meeting. Contractors should visit the sites independently.
d. There is not a requirement to submit a technical proposal with your offer. However there is a requirement to provide a project schedule.
e. 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
Scope of Contract Work consists of the installation of new below grade electrical conductors, electrical pedestals, and general electrical work at two camp grounds. Installation of a new waste water tank and associated components at one campground.
Project Location Chippewa CG: From Medford, WI district office, take HWY 13 North, take HWY M east (25.6 miles), south on FR 1417 to the campground.
Namakagon CG: From Glidden, WI district office, take HWY 13 North, take HWY 77 east, in Clam Lake take HWY M east, in Namakagon take HWY D north, take FR 209 to the campground.
Price Range
The Government's estimate is: between $25,000 and $100,000
AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
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.
C.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—
(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)
(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)
(3) Biobased; (applicable if FAR Clause 52.223-2 is included)
(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)
(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or
(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).
(b) The required products in the contract actions for services include products that are—
(1) Delivered to the Government during performance;
(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or
(3) Furnished by the contractor for use by the Government.
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 www.epa.gov/watersense Roofing Products, low flow toilets, faucets, appliances
C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives
(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.
(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.
b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.
c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.
d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.
e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.
f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.
g Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.
h 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.
C1.1.3 Environmentally Preferable Products:
www.epa.gov/epeat.
None
C1.1.4 Non-ozone Depleting Products:
http://www.epa.gov/snap
Foams, refrigeration products, air conditioning products
C1.1.5 EPA Designated Products:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program
Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.
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
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 (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 26, 2020. 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
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 ___10___ days after the date of contract award. The conference will be held at __TBD_________.
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.2 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.3 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.4 CONTRACTOR CERTIFICATION
Contractor will submit certification with every progress invoice
CONTRACTOR CERTIFICATION
| Page |
| of |
| Unit (Region, Forest, District) |
| Project: |
| Contract No. |
| Name and Address of Contractor: |
| Invoice No. |
| Invoice Date: |
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
{For this Solicitation, there are NO clauses in this Section}
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
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) |
| 52.204-13 | System for Award Management Maintenance (OCT 2018) |
| 52.204-19 | Incorporation by Reference of Representations and Certifications (DEC 2014) |
| 52.204-23 | Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) |
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
| 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) |
| 52.219-28 | Post-Award Small Business Program Rerepresentation. (JUL 2013) |
| 52.222-3 | Convict Labor (JUN 2003) |
| 52.222-6 | Construction Wage Rate Requirements (AUG 2018) |
| 52.222-7 | Withholding of Funds (MAY 2014) |
| 52.222-8 | Payrolls and Basic Records (AUG 2018) |
| 52.222-9 | Apprentices and Trainees (JUL 2005) |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) |
| 52.222-11 | Subcontracts (Labor Standards) (MAY 2014) |
| 52.222-12 | Contract Termination - Debarment (MAY 2014) |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) |
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) |
| 52.222-15 | Certification of Eligibility (MAY 2014) |
| 52.222-21 | Prohibition of Segregated Facilities (APR 2015) |
| 52.222-26 | Equal Opportunity (SEP 2016) |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (APR 2015) |
| 52.222-36 | Equal Opportunity for Workers with Disabilities (JUL 2014) |
| 52.222-50 | Combating Trafficking in Persons (JAN 2019) |
| 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) |
| 52.223-5 | Pollution Prevention and Right-to-Know Information (MAY 2011) |
| 52.223-15 | Energy Efficiency in Energy Consuming Products (DEC 2007) |
| 52.223-17 | Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018) |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUN 2008) |
| 52.227-4 | Patent Indemnity -- Construction Contracts (DEC 2007) |
| 52.228-2 | Additional Bond Security (OCT 1997) |
| 52.228-11 | Pledges of Assets (AUG 2018) |
| 52.228-12 | Prospective Subcontractor Requests for Bonds (MAY 2014) |
| 52.228-14 | Irrevocable Letter of Credit (NOV 2014) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (MAY 2014) |
| 52.232-23 | Assignment of Claims (MAY 2014) |
52.232-27 Prompt Payment for Construction Contracts (JAN 2017)
| 52.232-33 | Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) |
| 52.232-39 | Unenforceability of Unauthorized Obligations (JUN 2013) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) |
| 52.233-1 | Disputes (MAY 2014) Alt 1 (DEC 1991) |
| 52.233-3 | Protest After Award (AUG 1996) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (OCT 2004) |
| 52.236-2 | 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) |
| 52.236-7 | Permits and Responsibilities (NOV 1991) |
| 52.236-8 | Other Contracts (APR 1984) |
| 52.236-9 | Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) |
| 52.236-10 | Operations and Storage Areas (APR 1984) |
| 52.236-11 | Use and Possession Prior to Completion (APR 1984) |
| 52.236-12 | Cleaning Up (APR 1984) |
| 52.236-13 | Accident Prevention (NOV 1991) ALT 1 (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) |
| 52.243-5 | Changes and Changed Conditions (APR 1984) |
| 52.244-6 | Subcontracts for Commercial Items (JAN 2019) |
| 52.245-1 | Government Property (JAN 2017) - Alt 1 (APR 2012) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) |
| 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
| 452.232-70 | Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) |
| 452.236-71 | Prohibition Against the Use of Lead-Paint (NOV 1996) |
| 452.236-72 | Use of Premises (NOV 1996) |
| 452.236-74 | Control of Erosion, Sedimentation and Pollution (NOV 1996) |
| 452.236-76 | Samples and Certificates (FEB 1988) |
| 452.236-77 | Emergency Response (NOV 1996) |
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.
52.223-21 -- Foams. (Jun 2016)
(a) Definitions. As used in this clause-- “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.
“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).
“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.
(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--
(1) In-use emission rates, energy efficiency, and safety;
(2) Ability to meet performance requirements; and;
(3) Commercial availability at a reasonable cost.
(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.
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:
__none without pre-approval______________________
(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
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
| Foreign construction material |
| _______ |
| _______ |
| _______ |
| Domestic construction material |
| _______ |
| _______ |
| _______ |
| Item 2: |
| _______ |
| _______ |
| _______ |
| Foreign construction material |
| _______ |
| _______ |
| _______ |
Domestic construction material
[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).]
52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to contracts greater than $35,000 and less than or equal to $150,000)
(a) The Contractor shall submit one of the following payment protections ____Payment Bond___________________________________________
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within _10__ days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
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.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J1 – Specifications J2 – Plans_Chippewa Campground Electric_Soil Boring J3 – Plans_Namekagon Campground Electric_Soil Boring_Phone Service J4 – DB Wage Determination WI20190015
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 (OCT 2018) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.
(2) The small business size standard is $36.5M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, system for Award Management, is not included in this solicitation, and the offeror has an active registration in the System for Award Management (SAM), the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless.
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that.
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance.Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American.Free Trade Agreements.Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan.Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS
| 52.204-7 | System for Award Management (OCT 2018) |
| 52.204-16 | Commercial and Government Entity Code Reporting (JUL 2016) |
| 52.211-6 | Brand Name or Equal (AUG 1999) |
AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) PROVISIONS
452.204-70 Inquiries (FEB 1988)
52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered are, are as follows:
Goals for minority participation for each trade: .6% Taylor; 1.2% Ashland Goals for female participation for each trade: 6.9% Nation wide
(Contracting Officer shall insert goals)
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's…
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