Edits_wa_SOL_-_Fen_Fence__Spring_Construction.docx

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

USDA FOREST SERVICE, APACHE-SITGREAVES N.F., PO BOX 640 30 S. CHIRICAHUA DR, SPRINGERVILLE, AZ 85938-0640

Apache Sitgreaves National Forest

8. TO:

30 South Chiricahua Drive

8/6/2019, 4:00 P.M.

(LOCAL TIME)

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)

Pre-Quote Meeting:

Date & Time:

July 16, 2019 @ 1:00p.m.

Location:

Payson Ranger District Office 1009 E. State Highway 260 Payson, AZ 85541

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I – THE SCHEDULE

Solicitation is 100% Small Business Set-Aside. The Small business Size Standard is $15.0 Million under NAICS code 238990. The magnitude of this construction project is between $25,000 and $100,000.

SECTION B – SCHEDULE OF ITEMS

* Price or total cost shall include all Federal, State, Local taxes, permits, licenses, fees that may be necessary for this project.

Designated Method of Measurement & Pay Unit:

AQ – actual quantities; LSQ – lump sum quantities; EA – each; TON – tons;

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:____________________________________ DUNS#____________________

AUTHORIZED TO SIGN (NAME & TITLE):__________________________________________________________

SIGNATURE:____________________________________________________ DATE:_____________________

BUSINESS EMAIL: _____________________________________________

· Completed offers may be scanned into electronic document and emailed to: mbahr@fs.fed.us

PART 1 – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION C

Construction Fen Fence & Spring Construction Tonto National Forest Payson Ranger District

C1 – GENERAL DESCRIPTION OF WORK- Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to construct Fen Fence and develop spring into livestock water trough for Payson Ranger District, Tonto National Forest.

This contract is divided into three tasks:

I. Construction of an elk exclosure around an existing riparian area, known as the Fen.

II. Removal of old/unused fence material from the project area.

III. Development of a spring into a livestock water trough.

The project consists of constructing 2 portions of new fence, removing old fence material, and developing a spring into livestock water trough.

The first is ~5,400 linear feet, enclosing approximately 12 acres. The second is adjacent and located on private property. It is approximately 1,465 linear feet and encloses an additional 3 acres. When completed to specifications, the fence will remain in place for a minimum of 20 years and be a sturdy barrier that would prevent elk and cattle from damaging existing and future riparian vegetation. All old and unused materials will be removed from the project area. A spring located within the Fen will be developed with a spring box and pipeline leading to a trough outside of the fenced area.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request For Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.

Basis for Award: The Government intends to award a contract based on Best Value -- LPTA (Lowest Price Technically Acceptable). The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

C2 – LOCATION OF PROJECT

The project area is on the Payson Ranger District of the Tonto National Forest. It is located approximately 10 miles east of Payson, Arizona, in Gila County.

Technical Point of Contact:

Patricia Ringle – Contracting Officer Representative Phone: 928-474-7931 E-mail: patricia.ringle@usda.gov

Jeff Sturla – Program Manager Phone: 928-474-7908 E-mail: jeffrey.sturla@usda.gov

CONTRACT DEFINITIONS

· Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the CO acting within the limits of that person's authority.

· Contracting Officer's Representative (COR) - The on-site contract administrator for the CO. The duties and responsibilities of the COR are defined in a letter of designation issued by the CO.

· Inspector- The on-site contract inspector for the COR. The duties, limitations, and responsibilities of the Inspector are defined in a letter by the COR.

· Calendar Days - Every day of the contract time shown on the calendar, including Saturdays, Sundays and holidays.

· Contract Item - A pay item designated on the bid schedule and described by the Specifications section that is in this contract.

· General Provisions - Those provisions of an administrative nature applicable to the contract.

· Labor Standards Provisions - Those statutory and regulatory requirements in this contract that apple to the contractor's employees.

· Specifications - The section of the contract describing in detail the general and technical requirements of how the materials and products should be furnished.

SECTION D – PACKAGING AND MARKING

BASIS FOR AWARD: (See Section M):

Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. In order to meet the Technical Capability Requirements, offers shall address the following factors:

Factor a –Elk Fence demolition and install and Spring Development expertise - Offerors should develop a statement or documentation that demonstrates contractor technical capability to perform this work, in accordance with the plans and specifications contained herein. Offerors may provide your own drawings, illustrations, documents, or photos to support your capability to perform the work.

Price -- Competitive offers will establish price reasonableness. Therefore, when contracting on a firm-fixed-price basis, comparison of the proposed prices will satisfy the requirement to perform a price analysis (cost analysis need not be performed). Contracting Officer intends to award without discussions, offerors shall provide their best prices up front. Pricing will serve as a final determining factor for award under LPTA.

(If the Contracting Officer elects to consider Past Performance as an additional evaluation factor, it shall be evaluated in accordance with FAR Subpart 15.305).

TECHNICAL SPECIFICATIONS

Figure 1

TASK I: FENCE CONSTRUCTION

a) Site Preparation An existing non-functioning Elk fence exists at the project location. It is close to the same size as the new fence, but slightly smaller. The existing fence is not complete. Existing 10 foot T-posts and field fence will need to be removed before the new fence may be constructed. Old materials will be hauled to the private property located at the north end of the project area.

Fence perimeter will be identified on the ground with flagging (color to be designated during contract prework). The Forest Service will create a construction corridor wide enough to roll out and erect the field fence wire materials. The Forest Service will cut trees that need to be removed from the new fence line, but the contractor may be required to remove some at a later time, if they were missed. The Forest Service will cut and scatter any vegetation removed. Standing live sapling trees, dead trees, or dead and down trees may be removed, in addition to bucking up logs and slash. All vegetation cut may be scattered and left.

Figure 2

b) Construction 10 foot T-posts will be placed every 10’ along the perimeter. In some locations where there is uneven ground topography or unstable soil conditions, it may be necessary to have closer t-post spacing to maintain fence specifications. T-posts will be driven into the ground with a post pounder or by other means until the spade is buried completely beneath the ground surface. T-posts will be inserted into the ground so that the bumps are facing outward, away from the exclosure area.

Field fence will be placed along the entire perimeter (figure 3). Field fence may be installed as a single rolls, 8 ft. in height OR two 47 in. rolls stacked, attached with hog rings. Field fence will be placed on the outside of the t-posts, wood posts, or live trees. The top of the wire must be no less than 8 ft. from the ground. Field fence wire will be pulled tightly between corners with a fence stretcher, comealong, or other device so that there is not any visible sag in the field fence panel. Fencing will be installed on the outside of trees, t-posts, or wood posts along curved sections. If field fence is stretched down into a drainage or over undulating ground surface, extra T-posts and/or field fence will be used to reduce excess space between bottom of the fence and the ground. There shall not be any spaces greater than two inches from the bottom of the field fence wire to the ground level (unless approved by the government to allow for drainage). Any changes in fence line direction or method of construction must be approved by the CO or COR.

Figure 3 If trees are used as fence posts, wood stays will be utilized to protect the tree and prevent girdling. Only healthy, live ponderosa pine trees greater than 8 inches dbh and 15’ in height may be utilized as designated by the COR. All lower branches will be properly pruned at the bole of the tree within 10 feet of the ground. A 2x2 inch wood stay, 7-10 foot in length, shall be placed between the tree and the field fence to prevent girdling of the tree. Wood stays will be attached to the boles of trees with nails 5 inches or longer. Field fence will be stapled or nailed to the 2x2s. It may be necessary to drill holes in the 2x2 stays to prevent wood splits from the nails. When a tree is used to begin or end a stretch of field fence, as a corner post, or post where the fence changes direction, several 2x2 stays shall be nailed around the tree trunk. Field fence shall be wrapped around the tree and tied off approximately 1-2 feet away from the tree trunk to allow it to expand in growth for the lifetime of the fence.

When crossing depressions or drainages, a third panel of field fence will be attached as a flap to the bottom of the fence (figure 4). The piece will be cut to best accommodate the profile of the drainage and let small debris flow under, while stopping elk or cattle that may want to press through. Two 2x2 boards will be attached with 6 gauge wire to provide structure and rigidity, but also the ability to breakaway in high flows.

Figure 4

Hog rings will attach the overlaps of upper and lower field fence (if 47 in. rolls are used). A minimum of 5 rings (or one ring every 2 feet) will be used between T-posts.

Fence clips will attach the fence to the T-post. A minimum of 6 fence clips will attach the fence to each post.

Steel Gates will be installed at two locations, one on the north and south end of the exclosure (figure 5). The width of the fence gate should not be greater than 10’ wide and attached in a way so it may be locked. Gates will be attached to posts, concreted into the ground. Gates will be constructed with a welded steel cross brace place diagonally across the gate frame. Gate frame will be installed by setting 2, 12’ steel posts in the ground to a depth of 3-4 feet. Posts will be placed in 24” diameter holes and set with cement. Gate frame will be completed with no smaller than 4” diameter tubing and hog wire securely attached to the frame. It may be welded in place. A single 1” diagonal cross brace will provide additional support. There shall not be a gap greater than 3 inches between the ends of the fence gate and its attachments to a tree bole or fence post. Any changes to fence gate location shall be approved by the Government. Gate will be secured by an H brace assembly on either side.

Figure 5

H-Braces will be constructed at designated locations, typically every 150’, as determined by the COR (figure 6). The H-brace shall be constructed with two 12 foot steel posts in the ground to a depth of 3-4 feet. Posts will be placed in 24” diameter holes and set with cement. One 2 inch diameter, approximately 4-6’ long steel pipe shall form the crosspiece between the two steel posts. The steel post crosspiece shall be welded in place approximately ¾ of the way up on the brace. Field fence shall be used to complete the fence brace.

Figure 6

TASK 2: MATERIAL REMOVAL

This project area has historically been fenced with both elk and livestock fence. Over several decades it has become non-functional. Prior to fence construction, all old and unusable fencing material shall be removed. This includes fence wire, braces, posts, gates. These materials shall stacked neatly at the north end of the project area in a location designated by the COR.

TASK 3: SPRING DEVELOPMENT

a) Site Preparation A spring development will be installed at the south end of the project area that will collect water from an existing spring and pipe it to storage and a trough up to 400’ away. This will provide a water source outside of the elk exclosure for wildlife and cattle. The terminus of this development must be functional and have a float to prevent overflow.

b) Construction Spring box can be made of concrete, plastic, culverts, or galvanized steel (figure 7). The spring box also will also function as a sediment trap. Spring box will be buried up to 6’ deep. Galvanized or polyethylene type fittings may be used to plumb the spring and 1.25” polyethylene pipe will be used to supply two 2,500 gallon water storage tanks and a single trough, no further than 400’ from the spring at a location designated by the Forest Service. Shutoff valves will be installed as the water leaves the springbox and as the water leaves the storage tanks. The trough will be no smaller than 200 gallons in size and have Forest Service approved wildlife escape ramps.

Figure 7

CONTRACTOR FURNISHED MATERIALS

The Contractor shall provide all materials for fence construction at each project sites. The contractor shall not substitute for the listed materials any used or inferior quality of materials to facilitate cost or completion of the fence.

Materials required for elk fence include:

Quantity[footnoteRef:1] [1: The east boundary of the Fen is heavily wooded. Existing Ponderosa pines may be utilized in lieu of T-post or brace placement. This could potentially reduce these materials needed by up to 30%.]

(Maximum expected) Material rolls of 12.5 gauge, 47 inch height

OR

rolls of 12.5 gauge 8 foot height field fence (standard sizes are 330' rolls)

Any other materials or tools necessary for fence work completion including, but not limited to; post pounder, fence stretcher, fencing pliers, nails/staples, cordless drill, welder, claw hammer

Materials required for spring development include:

Quantity (minimum expected) Material

any other materials or tools necessary for spring work completion including, but not limited to; shovel, digging bar, wrenches, pipe cutter, and mini excavator

The contractor shall be liable for all loss, damage, or replacement of contractor or government furnished property until completion and final acceptance of work as required under terms of this contract. It will be the contractor's responsibility to provide any necessary security while the materials are stockpiled at or near the project work site. The location on Tonto National Forest lands of stockpiled materials and fencing equipment shall be discussed with and approved by the CO or COR. Any changes to the contractor furnished property are subject to approval by the government.

All scrap materials shall be hauled off after completion of the fence, and disposed of properly by the contractor.

ACCESSIBILITY & USE OF MOTORIZED EQUIPMENT

The project area is accessible by pickup truck through private property adjacent to the job site. The property owner will have requirements of passage to minimize disturbances to their private residence. Crews may tentatively drive in and out of the job site daily, however multiple trips are strongly discouraged. If the contractor is unable to follow the property owner rules of passage, or the property owner feels the traffic is too much of a disturbance, access may be lost material and supplies must be delivered to the site via non-motorized means. This is approximately ¾ of a mile from the nearest road.

Approval from the CO or COR must be received before a front end loader tractor, tracked vehicle, or any other heavy machinery that might excessively impact the subsurface soil is utilized to haul materials or utilized to stretch the fence.

The Government assumes no obligation to do special maintenance to access roads. The contractor shall restore to functional condition any severe damage to roads, erosion barriers, drainage ditches, fence gates when such damage is a result of their operation. The CO or COR shall be notified immediately if any road or other forest improvements are disturbed as a result of the Contractor's operations. Any cost of restoration shall be at expense of the Contractor.

Site Visit

Pre-Quote Meeting:

Date & Time:

July 16, 2019 @ 1:00p.m.

Location:

Payson Ranger District Office 1009 E. State Highway 260 Payson, AZ 85541

ORIGINAL PROJECT MEASUREMENT & RE-MEASUREMENT

All acreages and fence perimeter distances listed in this contract were originally collected with a Garmin GPS recorder set at map datum NAD83. The dimensions of the fences illustrated in exhibits in this contract were processed with ArcMap 10.5 computer software. The perimeter distances listed in this contract represent three dimensional measurements which account for variations in elevation and slope.

The contractor at any time after the award may request a re-measurement of all fence sites. The request must be submitted to the COR in writing. Re-measurement will be completed by using the original methods as outlined in the previous paragraph. If re-measurement results in a variance of 5% or less from the original distances listed in this contract, the contractor shall pay for the actual cost of the re-measurement, and no change wiII be made to the project description. If the re-measurement indicates a variance greater than 5%, the payment will be based on the re-measured distance.

METHOD OF MEASURMENT FOR INSPECTION

The fence construction will be inspected & measured to assure compliance with field fence height specifications, distance between fence posts specifications. It will be visually inspected to determine if it has been solidly constructed with all clips and wire attached, posts firmly in the ground, and line or corner braces sturdy to meet all specifications as listed above. There shall not be any gaps greater than two inches between the bottom of the field fence wire and the ground unless designated on site by the COR.

If deemed necessary by the COR, the final fence perimeter distance in feet will be measured again with a Garmin GPS handheld recorder.

END OF SPECIFICATION 03301

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replaces them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement. (End of clause)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

FAR 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 notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

1. A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

1. The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work

The maximum workweek shall be Monday through Friday, 0800 – 1600. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - CONTRACT ADMINISTRATION DATA

Government Furnished Items: (None).

Pre-work meeting will be scheduled before work can begin.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

APPENDIX A

PART II – 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://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision) 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Phone 928-333-4301.

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“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--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1

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.]…