1282A718Q0009.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

885211

JOB CORPS AQM

USDA FOREST SERVICE

1617 COLE BLVD

LAKEWOOD CO 80401

82A7

ASHLEY CUCCHIARELLI 303-275-5352

1282A718Q0009

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Terms and Conditions

Attachment 1 : Special Project Specifications

Section 010150 - General Requirements

Section 283111 - Fire Alarm System

Photographs and Floor Plans

Attachment 2 : Davis-Bacon Wage Determination

Attachment 3 : Brand Name Justification

Attachment 4 : Experience Questionnaire

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

01/12/2018

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

12/12/2017

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

JOB CORPS AQM

USDA FOREST SERVICE

1617 COLE BLVD

LAKEWOOD CO 80401

82A7

BRIAN N. MCCABE

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282A718Q0009

Cass JC Fire Detection Work

Delivery Location Code: 7J28

USDA FOREST SERVICE

CASS JOB CORPS CTR

21424 N HWY 23

OZARK AR 72949-9030 US

FOB: Destination

Period of Performance: 02/01/2018 to 06/01/2018

001 Bldg. 13A Administrative Building Fire Detection

Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

002 Bldg. 21A Health & Wellness (Dispensary) Fire

Detection Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

003 Bldg. 32 Vocational Building Fire Detection Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

004 Bldg. 43 Education Building Fire Detection Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282A718Q0009

005 Bldg. 51 MLK Education Building Fire Detection

Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 10/10/2017

006 Bldg. 60 Residential Living Fire Detection Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

007 Bldg. 70 Student Service Center Fire Detection

Work

Product/Service Code: Z1CZ

Product/Service Description: MAINTENANCE OF OTHER

EDUCATIONAL BUILDINGS

Delivery: 120 Days After Notice to Proceed

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

1282A718Q0009

PAGE OF

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AUTHORIZED FOR LOCAL REPRODUCTION

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Fire Alarm Systems Cass Job Corps Center Cass, AR 72949-9030

Franklin County, Arkansas

Item Method of No. Description Measurement Total

BASE ITEMS

001 Bldg. 13A Administrative Building Fire Lump Sum $ Detection Work

002 Bldg. 21A Health & Wellness (Dispensary) Lump Sum $ Fire Detection Work

003 Bldg. 32 Vocational Building Fire Detection Lump Sum $ Work

004 Bldg. 43 Education Building Fire Detection Lump Sum $ Work

005 Bldg. 51 MLK Education Building Fire Lump Sum $ Detection Work

006 Bldg. 60 Residential Living Fire Detection Lump Sum $ Work

007 Bldg. 70 Student Service Center Fire Lump Sum $ Detection Work

ITEM TOTAL $

Lump Sum Quantities: These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is:

Between $25,000 and $100,000.

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SECTION C - DESCRIPTION/SPECIFICATION

C.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

C.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 26 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

C.3 PURPOSE

The Washington Office (WO) AQM - Job Corps Support Branch has a new requirement for a qualified and licensed general contractor who is capable of providing design and construction to replace the existing buildings fire alarm systems with new addressable fire alarm systems at the Cass Job Corps Center, Ozark, AR. The contractor is responsible for replacing existing fire alarm devices with new Silent Knight Devices, and providing any additional code required fire alarm devices, if required. The contractor must be able to provide all materials, equipment, utilities, miscellaneous items, freight and delivery and all necessary valid licenses and permits for the work provided within the Scope of Work (SOW).

C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

All work shall be performed at:

Cass Job Corps Center 21424 North Highway 23 Ozark, AR 72949

Normal operational hours are from 07:30 am to 5:00 PM, Monday through Friday. The maximum workweek that will be approved is 40 hours. Contractor shall provide a project work schedule and notify the Government a minimum 5 days prior to starting work.

No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Government directed facility closings, and Federal Holidays which include:

New Year’s Day – January 1st

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

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Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

C.5 TASKS

C.5.1 Base Items

Base Item #1-#7

Replace the existing fire alarm panels and fire detection devices with new panels and devices throughout seven buildings, as outlined below. Ensure that new panels communicate via wireless with the campus’ main control panel (CWSI model CP3000D) located in building 60 and the main annunciator panel located in Building 13A, which are both to remain. The new fire alarm panels must be compatible with the main control panel and the main annunciator panel and must be Silent Knight Models by Honeywell in order to provide consistency across the Cass Job Corps Center. Provide drawings, calculations, specifications, product data sheets, and sequence of operations from a fire alarm/electrical engineer licensed in the state of Arkansas, in accordance with the latest editions of NFPA 72 and 101, NEC, and ADAAG. The Government will provide floor plans in xx.dwg format (2013) prior to the beginning of work. Re-use existing conduit and wiring to the extent permissible by code. Replace old, non-code compliant wiring.

All fire alarm wiring is to be in electrical metal tubing (EMT) conduit. The new fire alarm panels shall support Class A operation and come with battery backup and integral Transient Voltage Surge Suppression (TVSS) devices, and have adequate zones/points. Testing and documentation is also required, as outlined in NFPA 72. Provide inspection and testing documentation in accordance with NFPA 2013 7.7.6 and 7.8.2. Provide record of completion and re-acceptance testing witnessed by a third party in accordance with NFPA 2013 7.5.6 and 7.8.2.

Base Item No. 1 – Bldg. 13A Administrative Building Fire Detection Work

a. Measurement: This item is measured as a lump sum quantity.

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and devices. Items also include any necessary wiring and conduit, design, submittals, testing, and training and demonstration.

Base Item No. 2 – Bldg. 21A Health & Wellness (Dispensary) Fire Detection Work

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

Base Item No. 3 – Bldg. 32 Vocational Building Fire Detection Work

8 | 49

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

Base Item No. 4 – Bldg. 43 Education Building Fire Detection Work

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

Base Item No. 5 – Bldg. 51 MLK Education Building Fire Detection Work

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

Base Item No. 6 – Bldg. 60 Residential Living Fire Detection Work

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

Base Item No. 7 – Bldg. 70 Student Service Center Fire Detection Work

b. Payment: The contract lump sum price as shown in the Schedule of Items includes all materials, equipment, labor and incidentals to replace the fire detection panel and

The Contractor shall furnish all the necessary supervision, management, personnel, materials, equipment, labor, all necessary permits and valid licenses, utilities, freight and delivery and incidentals for the work stated in the Scope of Work, Special Project Specifications, and Drawings incorporated herein and/or attached in Section J.

Refer to Section C.6 Special Project Specifications for specific details and technical requirements required in performance of this contract.

C.6 SPECIAL PROJECT SPECIFICATIONS

Special Project Specifications applicable to this contract are attached in Section J (separate documents):

Section Specification 010150 General Requirements 283111 Fire Alarm System Photographs and Floor Plans

9 | 49

C.7 CONTRACTOR AND PRODUCT MINIMUM REQUIREMENTS

The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA) Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction.

Contractor shall be responsible for obtaining all required permits and scheduling all appliciable inspections.

All inspections must be signed off and completed prior to receipt of final payment. All applicable submittals required, which may include warranty, production information, operation and maintenance documentation, etc. as defined through out various sections of Special Project Specifications must be provided to COR and CO prior to submission of final invoice. The final invoice will be rejected until all required documentation is submitted. Please refer to each Special Project Specification for required submittals.

Provide drawings, calculations, product specifications, and sequence of operations designed by a Arkansas licensed fire alarm/electrical engineer in accordance with the latest editions of NFPA 72 and 101, NEC, and ADA requirements.

Provide inspection and testing documentation in accordance with NFPA 2013 7.6.6 and 7.8.2.

Provide record of completion and re-acceptance testing witnessed by a third party in accordance with NFPA 2013

7.5.6 and 7.8.2.

All trash and debris removal must be in accordance with local, state and federal regulations.

All materials and equipment are to be installed per manufacturers installation guidance.

Contractor must have adequate liability insurance and proper license to perform all work stated herein.

Contractor must have personnel certified by Honeywell for the installation of Silent Knight devices.

C.8 BIOBASED AND SUSTAINABLE PRODUCTS

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

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that a r e required for performance of this service contract.

Inks – Sheetfed (Black) – 49% Minimum BioBased Content Inks – Sheetfed (Color) – 67% Minimum BioBased Content Multipurpose Lubricants – 88% Minimum BioBased Content Plastic Insulating Foam for Residential and Commercial Construction – 7% Minimum Biobased Content

10 | 49

Pneumatic Equipment Lubricants – 67% Minimum BioBased Content

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

3. Information about this requirement is available at https://biopreferred.gov/BioPreferred/faces/pages/FARReporting.xhtml

C.9 LANDSCAPE PRESERVATION

The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

C.10 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is compliance with reasonable and customary manufacturing and construction tolerance.

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) below.

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, without additional charge, 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 reinspection 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.

11 | 49

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.

C.11 WARNING SIGNS AND RESTRICTIONS

Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.

C.12 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES

C.12.1 Legal Relations and Responsibilities

Contractor's Responsibility for Utilities: In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.

C.12.2 Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.

C.12.3 Prosecution of Work

A. The following special controls will affect the Contractor’s prosecution of work: Students will be on site.

B. The Contractor may encounter other contractors performing work on projects in the area.

C. Utilities made available by the Government for use by the Contractor are: sanitation, potable water, and 110v.

C.12.4 Disposal of Material

Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site

12 | 49 off of National Forest Service Land.

C.13 AGENCY CONTACTS

Contracting Officer (CO)

Brian N. McCabe – bmccabe@fs.fed.us or 303-275-5305 (office) or 720-202-9345 (cell)

Contracting Specialist (CS)

Ashley Cucchiarelli – acucchiarelli@fs.fed.us or 303-275-5352 (office)

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SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://farsite.hill.af.mil/ https://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSES INCORPORATED BY REFERENCE: SEE CLAUSE 52.252-2 FOR MORE INFORMATION

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

FULL-TEXT CLAUSES

452.246-70 INSPECTION AND ACCEPTANCE--ALTERNATE I (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: Cass Job Corps Civilian Conservation Center

(c) Acceptance will be performed at: WO Job Corps AQM Support Branch, Golden, CO

(End of clause)

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SECTION F--DELIVERIES OR PERFORMANCE

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 these addresses:

http://farsite.hill.af.mil/ https://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop-Work Order (AUG 1989)

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 ten (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 one hundred and twenty (120) days after Notice to Proceed date. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within ten (10) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) 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 that will be approved is 40 hours.

F.1 NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice.

Contract time shall commence on the day indicated on the Notice to Proceed. Notice to Proceed will be approved once all submittals have been approved by Government.

15 | 49

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 - Post Award Conference (NOV 1996)

A post award conference with the successful offeror may be held. If held in will be held after submittals are approved, and will be held via teleconference and chaired by Contracting Officer.

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.

Item No. Property Description Qty Location Date Available or Delivery Date

N/A

G.3 DEFINITIONS

Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

Contract Pay Item - A pay item designated on the bid schedule and described by a specification.

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

Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Inks – Sheetfed (black) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Black inks used on coated and uncoated paper, paperboard, some plastic, and foil to print in black on annual reports, brochures, labels, and similar materials.

Inks – Sheetfed (Color) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Pigmented inks (other than black inks) used on

16 | 49 coated and uncoated paper, paperboard, some plastic, and foil to print in color on annual reports, brochures, labels, and similar materials.

Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.

Materials - Any substances for use in the construction of the project and its appurtenances.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Plastic Insulating Foam for Residential and Commercial Construction – Spray-in-place plastic foam products designed to provide a sealed thermal barrier for residential or commercial construction applications.

Pneumatic Equipment Lubricants - Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water and sewage.

Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G.4 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award.

The name will be designated on a letter or form.

B. The Contracting Officer’s Representative 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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.

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C. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual assignments which were issued by the Contracting Officer’s Representative provided they do not affect the delivery schedule or performance period stated in the contract.)

D. 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 Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor shall so advise the Contracting Officer’s Representative. If the Contracting Officer’s Representative persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications

2. Take action to terminate the contract for default or Government convenience.

3. Make contract adjustments under the Differing Site Conditions clause.

4. Grant extensions of contract time.

5. Approve assignment of claims.

6. Make final decisions under the Disputes clause.

7. Make final acceptance under the contract.

8. Make final decisions under the Suspension of Work clause.

9. Make equitable adjustments.

10. Authorize change in amount of Payment Retention.

11. Approve subcontractors.

12. Approve payments with deductions or final payment.

13. Approve use and possession prior to completion.

14. Enforce the warranty provisions.

15. Issue any direction that would result in a possible change to contract requirements.

G.5 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract.

Any subcontract agreement shall contain all terms and conditions of the prime contract.

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

SPECIAL CLAUSE 1: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Project Manager and/or Site Forman or equivalent positions.

(b) During the first 30 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 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 7 calendar 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 7 calendar days after receipt of all required information of the decision on substitutions.

(End of clause)

SPECIAL CLAUSE 2: RELEASE OF CLAIMS

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (USDA Procurement Advisory 93A, Appendix D) shall be used for this purpose.

(End of clause)

SPECIAL CLAUSE 3: REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical, verbal, and/or emotional abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer (CO) and the Contracting Officer’s Representation (COR) within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any arrest or conviction of a sex crime, an offense involving a child victim or drug felony, assault felony, or any other violence related crimes will be grounds for denying employment or for dismissal of an employee in any position. Any

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Arrest or Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the CO and agency involved.

AGAR 452.228-71 Insurance Coverage

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

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

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

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

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

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 3 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

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

(End of clause)

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

FAR 52.213-4 - Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Nov 2017)

(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 (June 2003) (E.O. 11755).

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

(iv) 52.222-26, Equal Opportunity (Sep 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).

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(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).

(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 (Oct 2016) (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).

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(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).

(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) 52.213-4, Terms and Conditions – Simplified Acquisitions (Other than Commercial Items).

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

(xiii)…