1282AT18R0011_Rev_Solicitation.docx

Solicitation 1282AT18R0011 Peaceful Valley & Camp Dick Bridges Page 4 of 24

SECTION B – SCHEDULE OF ITEMS

Peaceful Valley Bridge Rehabilitation

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Pay Item 151(01).

Camp Dick Bridge Rehabilitation

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Pay Item 151(01).

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 Scope of Work The Arapaho and Roosevelt National Forests has a requirement to remove and replace the superstructure of the Camp Dick and Peaceful Valley Bridges. For each bridge, work includes but is not limited to establishing the traffic control signing and barricades as required, clearing and grubbing area as needed, saw cutting asphalt on either side of bridge, excavating from behind existing abutments, remove the existing bridge superstructure and guardrails, complete concrete foundation repair and riprap, installing new timber bridge superstructures, backfilling the structure, constructing asphalt patch, constructing bridge rails and approach rails, removing temporary traffic control signing and reopening the new bridge, seeding and mulching disturbed areas, and site clean-up and demobilization.

Contractor shall furnish all materials, equipment, labor, transportation and supplies necessary to complete this project. New bridge locations shall be at existing bridge locations.

C.2 Location of Project Arapaho and Roosevelt National Forests, Boulder Ranger District, Boulder County, Colorado. Project is located approximately 19 miles southeast of Lyons Colorado, or about 27 miles northwest of Boulder, CO.

Waste Location:

Excess excavated material is to be wasted at Brainard Lake Road, approximately 7 miles south of the project. Use of this location shall be coordinated with the CO.

C.3 Performance of the Work All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced in Section J. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). All work shall be conducted by personnel fully qualified to perform such tasks assigned and shall be supervised by an onsite designated Contractor’s Representative.

C.4 Equipment All equipment shall be in good repair and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

Equipment may be owned, rented or subcontracted. All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands.

C.5 Equipment and Materials Storage and Staging Upon concurrence from the Contracting Officer, certain areas on the National Forest may be used on a case-by-case basis for storage of equipment and/or materials during active construction/reconstruction or maintenance periods. The Contractor shall be responsible for the protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C.6 Technical Specifications Section J contains Supplemental and Special Project Specifications that supplement and/or modify the Standard Specifications. The Standard, Supplemental, and Special Project Specifications shall all be used in conjunction with each other to property determine the correct specification for each Pay Item in the Schedule of Items.

C.7 Standard Specifications “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-14”, U.S. Customary Units, is applicable for this project. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resulting work. These specifications can be viewed at no cost on the FHWA website, which also gives ordering information: http://flh.fhwa.dot.gov/resources/specs/

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 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 may be required for performance of this contract.

Equipment Lubricants, Engine Oils, Office Products (Ink, paper, etc)

For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

SECTION D – PACKAGING AND MARKING

(For this solicitation, there are no Clauses in Section D)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (AUG 1996) 52.246-13 Inspection – Dismantling, Demolition or Removal of Improvements (AUG 1996)

452.246-70 Inspection and Acceptance. (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 and acceptance will be performed at: the project site.

SECTION F – DELIVERIES OR PERFORMANCE

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 30 November 2019. The time stated for completion shall include final cleanup of the premises.

ALL ON SITE WORK SHALL BE PERFORMED BETWEEN 3 SEPTEMBER 2019 AND 30 NOVEMBER 2019.

F.1 CONTRACT TIME

The Contractor shall start work promptly after award or receipt of a Notice to Proceed (NTP). The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan. If more than one area is available for planting, the Government may prescribe the planting sequence. The Forest Service will issue a NTP as soon as weather and ground conditions are favorable for planting and survival of the trees on one or more of the areas.

F.2 WORK COMPLETED AFTER THE PERFORMANCE PERIOD.

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

SECTION G – CONTRACT ADMINISTRATION DATA

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. Contractor Officer Representative (COR) will contact contractor on time and place of post award conference

G.1 FOREST SERVICE REPRESENTATIVES

Toinette Aranda shall serve as the Contracting Officer (CO) on base contract(s), unless changed by an authorized government contracting officer. The assigned Contracting Officer has full warrant authority over all contract issues.

A Contracting Officer Representative (COR) will be appointed upon award. COR delegated authority, responsibilities and contact information will be defined on a delegation form issued after contract award.

G.2 CHANGES

The Contracting Officer is the only person authorized to approve changes to the requirements under this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.3 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

G.4 DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR

The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for being the liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.8 PRE-WORK MEETING

Prior to commencement of work the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing. The meeting will be held at a time and place determined by the Contracting Officer or Contracting Officer Represtenative.

G.6 INVOICE PROCESSING PLATFORM (IPP) SYSTEM

All invoices are to be submitted in the electronic Invoice Processing Platform (IPP) System "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury. More information can be found at this website https://www.ipp.gov/index.htm. Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

IPP does not allow the contractor to change the description of the line items being invoiced against, therefore the contractor shall create an invoice in IPP and an itemized invoice. Itemized invoice must be uploaded as an attachment.

G.7 INVOICE DOCUMENTS AND ATTACHMENTS

Coordinate Invoices – Coordinate submission of invoices with the COR and/or CO prior to submission to IPP.

In order for invoices to be processed certain documents must be uploaded as an attachment(s):

Itemized Invoice, Certified Payrolls Final Inspection and a Contractor Notification and Release of Claims

Itemized Invoice shall mirror the schedule of items and shall include at a minimum:

Date of Submission and Invoice Number Contractor Name, Address, Phone Number and e-mail address Contract, Task Order or Purchase Order number Description(s) and date(s) of services or work completed.

Certified payrolls for Construction: certified payrolls must be uploaded as an attachment(s).

Contractor and all subcontractors, through the contractor, shall furnish all certified payrolls covering payments to laborers and mechanics for on-site work. Final payrolls shall be marked “Final”.

Statement of Compliance Each payroll submitted must be accompanied by a “Statement of Compliance” with the original signature of the prime contractor, subcontractor or agents who pay or supervise the payment of workers.

Certification of Progress Payment - Payment Certification FAR 52.232-5 (Construction) Along with each request for progress payments, the Contractor shall furnish a following certification, or payment shall not be made Along with a current construction schedule update.

Final Invoice Following completion and acceptance of the work (including return of Government-furnished property and site cleanup), a final invoice marked “final” shall be submitted. A completed “Release of Claims” shall be uploaded into IPP. Final payment will made within 30 calendar days after presentation of a properly executed invoice.

Contractor Notification & Release of Claims for Final Payment A completed FS-6300-0016 or a “Contractor Notification and Release of all Claims” form shall be completed by the COR and the contractor. The completed form shall be uploaded as an attachment.

G.8 CONTRACT RELEASE

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts (indicated under reservations of the Contractor Certification and Release of Claims Form), that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.9 EVALUATING CONTRACTOR PERFORMANCE

AGAR ADVISORY NUMBER 96B Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) Evaluations CPARS is used by the Forest Service for evaluating contractor performance. CPARS is the single USDA-wide system used to collect, maintain, and disseminate contractor performance evaluations to the Past Performance Information Retrieval System (PPIRS). Past performance reporting is required by FAR 42.1502 and 42.1503. The contractor will be notified by email to review evaluation information submitted by the Agency. The contractor will have 30 days to submit comments, rebutting statements, or additional information to the Assessing Official before any evaluation is considered final.r Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions. The contractor is responsible for the accuracy and completeness of the data within the System for Award Management (SAM) database.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager, Project Forman/Woman, and Inspector.

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

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

452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4. ADDENDUM to AGAR 452.236-77(c) Paragraph (c) above refers to Changes clause, FAR 52.243-4. Instead the following clause is applicable to this solicitation as referenced in Clauses Section – 52.243-5.

H.1 CONTRACTOR REPRESENTATIVE

The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English, as well as the primary language of the work crews.

H.2 ACCIDENT REPORTING.

Maintain an accurate record of all work-related accidents resulting in death, injury, occupational disease, or damage to property, materials, supplies, or equipment.

H.3 INJURY NOTIFICATION.

Injuries to workers will be reported promptly to the COR and appropriate contractor personnel. Emergency care for workers while on the job site is a contractor responsibility.

H.4 FIRE PREVENTION AND CONTROL (as applicable) The contractor shall, both independently and in cooperation with the Forest Service, take all reasonable and practicable action to prevent and suppress fires in the project area using all necessary personnel and equipment at Contractor’s disposal on the site.

The Fire Plan outlines the Contractor’s responsibilities for fire prevention and suppression activities within the Contractor’s project area. For the purposes of this provision, the project area is defined as the area within one half mile (0.5 miles) of the project boundary.

H.5 CAMPING PERMITS.

The Contractor does/does not intend to camp on National Forest lands. Forest Service permits, issued by the District Ranger, will specify restrictions regarding campsite and sanitary provisions. Combustible refuse, resulting from lunches, etc., may be burned if authorized. All noncombustible materials, cans, bottles, etc., shall be removed from Forest land.

H.6 NOXIOUS WEEDS.

The contractor shall ensure that prior to moving on to the National Forest all equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. The contractor shall employ whatever cleaning methods are necessary to ensure that equipment is free of noxious weeds. The contractor shall provide the Contacting Officer with certification, in writing, that all equipment is free of noxious weeds prior to start-up of operations. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by the Government does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required. Unless otherwise directed by the CO, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the contractor is moving directly from one contract unit to another.

H.7 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 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’s Representative 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 conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. 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 NTC and agency involved.

H.8 SAFETY PLAN

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H.9 USE AND OCCUPANCY RESTRICTION ORDERS

Contractor will abide by Forests’ Use and Occupancy Orders. Contractor is responsible for contacting the local Forest prior to starting work to ascertain if there is applicable Use and Occupancy Restriction Orders for that forest.

H.10 HAZARDOUS SUBSTANCES

The Contractor shall notify the National Response Center and Contracting Officer Representative of all releases of reportable quantities of hazardous substance on National Forest lands that are cause by Contractor’s employees, equipment, agents, contractors, subcontractors, or their employees or agents, directly or indirectly, as a result of Contractor’s operations, in accordance with 40 CFR 302. See Section J for reporting requirements and documentation.

H.11 PERFORMANCE AND PAYMENT BONDS

Orders <$30,000> Performance and Payment Bond are not required.

Orders $30,000 to $150,000 Only Payment Bond required for 100% of the order amount.

Orders $150,000+ Performance and Payment Bonds required for 100% of the order amount. Value of bonds shall be equal to the value of the contract.

H.12

BID GUARANTEE

Bid Guarantee with good and sufficient surety or sureties acceptable to the Government, or other form of security in the amount of 20 PERCENT OF THE BID PRICE.

SECTION I – CONTRACT CLAUSES

Suspended, or Proposed for Debarment. (OCT 2015)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (Feb 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade 13.8% Boulder County Goals for Female Participation for Each Trade 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Colorado, Boulder County

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause-- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section

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: 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

52.225-10 Notice of Buy American Requirement--Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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): www.acquisition.gov/far or www.usda.gov/procurement/policy/agar.html

52.253-1 Computer Generated Forms. (JAN 1991)

452.228-70 Alternative Forms of Security. (NOV 1996) If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA Forest Service.

452.228-71 INSURANCE COVERAGE. (NOV 1996)

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

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes.