SOL_1263A919R0012.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 33

1. REQUEST NO.

1263A918R0012

2. DATE ISSUED

05/03/2018

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) See Section F

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

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 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) Project Description, Location. Enter pricing on schedule of items in section B

No faxes. Reference “Request No “on outer mailing envelope.

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 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)

Paul Nephew pnephew@fs.fed.us 218 626-4360

Superior National Forest

8901 Grand Ave. Place

Duluth

MN 55808

001 Title Commitments on all parcels identified

In Exhibits A through F

Enter pricing on schedule of items in section B

100% set aside small business

Service RFQ 1263A918R0012

School Trust Land Exchange and Purchase Title Commitments

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

School Trust Land Exchange and Purchase Title Commitment Work

The Forest requires Title Commitments for parcels identified in Exhibits A through F.

Option 1 Work: The Forest will potentially require title insurance on the parcels that will be purchased, Exhibits D through F. If required, the Forest will request an estimate for this insurance at that time.

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 accepted as follows: _______________________________________________________________.

Additional Contractor Notes:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a duns number and registering in SAM is free.

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

1 Title Commitments on all parcels identified in Exhibits A through F

1 $ $

TOTAL $

School Trust Land Exchange and Purchase Title Commitments

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

LOCATION AND DESCRIPTION

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.

STATEMENT OF WORK

School Trust Land Exchange and Purchase Title Commitments Statement of Work The Superior National Forest (Forest) is requesting proposals to complete title commitments for the School Trust Land Exchange and Purchase Projects which collectively include all School Trust parcels within the Boundary Waters Canoe Area Wilderness, approximately 82,000 acres, located in Cook, Lake, and St. Louis Counties. The properties to be acquired by the Forest are fee simple, with mineral interests to be reserved by the State of Minnesota. Legal descriptions for the School Trust parcels are provided in Exhibits A through F, with each exhibit specific to a particular county and either purchase or exchange.

What will be required?

The United States Department of Justice (“DOJ”) has negotiated specific title provisions to be acceptable to the United States (the ALTA form referenced below) which outlines specific rules regarding the required review of title for properties acquired by the United States.1 Thus, issuing a title commitment to the United States may be somewhat different from a commitment to other entities.

The title commitment, and any resulting policy, must comply with the following:

• Provide a citation to ALTA U.S. Policy 9/28/91 (revised 12/3/12) as the final title policy to be issued. No other form of title insurance policy is acceptable.

• The name of the insured must be the “United States of America.”

• A search within the historical public land records to Patent.

• Provide the full name of each and every person or entity in whom title is vested, and all persons or entities having or claiming an interest in the property to be acquired, as shown by the public records (or otherwise known to the title insurer). This includes:

1 REGULATIONS OF THE ATTORNEY GENERAL GOVERNING THE REVIEW AND APPROVAL OF TITLE FOR FEDERAL LAND ACQUISITIONS (2016), U.S. Department of Justice Environment and Natural Resources Division, Land Acquisition Section.

School Trust Land Exchange o The book and page reference, recording date, and document number, if any, for the instrument creating or affecting the current owner’s (or owners’) title;

o A complete, legible copy of the instrument; and o A concise and precise statement of each holder’s interest.

• For each and every Schedule B exception to title coverage based on, or referring to, documents of record, the following items must be provided:

o The book and page reference, recording date, and document number, if any, for the instrument creating the outstanding interest;

o A complete, legible copy of the instrument; and o A concise and precise statement of the interest that is being excepted from coverage.

Please note that broad exceptions for recorded documents, such as an exception for “interests of record,” or an exception for “minerals severed of record,” are never acceptable on a title commitment presented to the United States.

• Other than Schedule B exceptions approved by DOJ or the Office of the General Counsel, the final policy may only exclude from coverage the “General Exclusions” included in the ALTA U.S. Policy 9/28/91 (revised 12/3/12), as negotiated by DOJ.

• If not otherwise already identified, the commitment must also include any reference to and legible copies of all documents affecting any interest to be acquired by the United States.

• Provide the identity of all local taxing authorities, including lien dates, payment due dates, and amounts owed.

• The commitment period should be not less than two years. A commitment with no expiration date is preferable.

• Other than the reference to an effective date, the commitment should not provide for insurance that is limited or qualified in any way by a period of search of the public records.

• Insurance coverage is not part of this request. When purchased, insurance coverage will be based on fair market value as determined by a Forest Service appraisal. An appraisal for the property has not been completed. At this time, only a title commitment is requested.

• Specific identification of actions required or documents needed, if any, before the title company will issue the final policy.

• Include and identify any laws or Judgements that created ownership of land identified within the legal description. The following are examples:

o School Trust land conveyed by the United States of America to the State of Minnesota by the first proposition of Section 5 of an Act of Congress approved February 26, 1857, and accepted for Use of Schools by Article II, Section 3 of the constitution of the State of Minnesota o School Trust land conveyed by the United States of America to the State of Minnesota by Indemnity School Lands Approved List No. 1 with a copy on record in Approved

School Trust Land Exchange

Lists Indemnity School Lands Book 2, which is on file and of record in the office of the Minnesota Department of Natural Resources, Division of Lands and Minerals o School Trust land conveyed by the United States of America to the State of Minnesota by Swamp Lands Patent No. 3 with a copy on record in Swamp Land Patents Book 1, which is on file and of record in the office of the Minnesota Department of Natural Resources, Division of Lands and Minerals o School Trust land conveyed by the Trustees of the Estate of Minnesota and Ontario Paper Company to the State of Minnesota by Quit Claim Deed dated September 19, 1939, and filed for record on October __, 1939, in Book 35 of Deeds at page 482 in the Office of the Register of Deeds, Lake County, Minnesota (“Backus Lands”)

• Provide a fifty-year chain of title history of all parcels identified above, in a separate document or as an attachment to the commitment.

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 i n t h e 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 http://www.energystar.gov/ http://www1.eere.energy.gov/femp/procurement/eep_requirements.html http://www.epa.gov/watersense

School Trust Land Exchange

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.

http://www.sam.gov/ http://www.biopreferred.gov/

School Trust Land Exchange

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.

http://www.epa.gov/epeat http://www.epa.gov/snap https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

School Trust Land Exchange

SECTION D--PACKAGING AND MARKING

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

School Trust Land Exchange

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 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://farsite.hill.af.mil/

52.246-4 Inspection of Services--Fixed-Price (AUG 1996) 52.246-1 Contractor Inspection Requirements (APR 1984) http://farsite.hill.af.mil/

School Trust Land Exchange

SECTION F--DELIVERIES OR PERFORMANCE

52.242-17 Government Delay of Work (APR 1984) 52.242-15 Stop Work Order (AUG 1989)

52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $250.00 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.211-74 Period of Performance. (Feb 1988) The period of performance of this contract is from; June 20, 2018 through August 1, 2018.

The Contractor shall maintain progress at a rate which shall assure completion and acceptance of work within the specified contract time.

School Trust Land Exchange

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ___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 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

The government will provide the list of parcels, a description of their locations, hard copies of maps showing their locations, and if requested, a GIS layer or database electronically displaying their locations.

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.

School Trust Land Exchange

School Trust Land Exchange

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FOREST SERVICE ACQUISITION REFERENCE (FSH 6309.32 4G52) CLAUSES

452-237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Licensed Real Estate Closer/Title Agent__________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

School Trust Land Exchange

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.217-8 Option to Extend Services (NOV 1999) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment

(Multiple Year and Option Contracts) (MAY 2014) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

(MAY 2014)

52.222-49 Service Contract Labor Standards – Place of Performance Unknown (MAY 2014) 52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment –Requirements (MAY 2014) 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain

Services – Requirements (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction

Contracts. (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) Alt 1 (JUL

1995) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2011)

School Trust Land Exchange and Purchase Title Commitments

52.224-3 Privacy Training (Jan 2017) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-14 Rights in Data – General (MAY 2014) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.232-3 Payments under Personal Service Contracts (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-32 Performance-Based Payments (APR 2012) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012)

452.237-75 Restrictions Against Disclosure (FEB 1988) 452.237-78 Contracts with Consulting Firms for Services (FEB 1988)

52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items)

(JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-

78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1152483 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1152592

School Trust Land Exchange

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT

2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor.Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

(May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

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(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be.

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American.Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition.

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed

$25,000).

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(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer.System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer.Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) FAR . 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):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights.

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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 Agriculture Regulation (48 CFR ___4__) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," 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 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 workers' compensation to be written by private carriers.

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

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the 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.

(d) Air craft 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 liability, and $200,000 per occurrence for property damage.

Coverage for passenger liability bodily 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 _$500,000 per occurrence.

452.237-76 Progress Reporting (FEB 1988)

The Contractor shall submit a progress report ___every two weeks___, covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

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(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Contractor's name and address;

(4) Author(s); and

(5) Date of report.

(b) SECTION I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) SECTION II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) SECTION III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) SECTION IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and--if behind planned progress--what corrective steps are planned.

(f) SECTION V - If applicable, financial information shall be submitted for each major task or line item cost.

Data shall include:

(1) The total estimated cost budgeted (fee excluded).

(2) The estimated cost expended during the current reporting period.

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.

(4) Total project to-date expenditures.

(5) Total remaining funds.

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

SECTION J--LIST OF ATTACHMENTS

Attachment A: Title Exhibit A Exchange Cook, 20180330 Title Exhibit B Exchange Lake, 20180330 Title Exhibit C Exchange St. Louis, 20180330 Title Exhibit D Purchase Cook, 20180330 Title Exhibit E Purchase Cook, 20180330 Title Exhibit F Purchase Cook, 20180330

Attachment B: Wage Determinations (Minnesota WD 15-4959 (Rev.-5) dated 01/16/2018)

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PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FAR 52.204-8 Annual Representations and Certifications (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _525920_ [insert NAICS code].

(2) The small business size standard is __$32.5 Million__ [insert size standard].

(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 simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421

School Trust Land Exchange and Purchase Title…