A-7_-_1282D719Q0024_-_Lost_Creek_Bunkhouse_Deck.pdf
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- Bunkhouse Deck Construction Federal contract opportunity
- Solicitation number
- 1282D719Q0024
- Issued by
- Department of Agriculture Forest Service
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1282D719Q0024
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
06/25/2019 963625
1 28
900 GRAND AVENUE
GLENWOOD SPRINGS CO 81602-0948
WHITE RIVER NATIONAL FOREST
08/14/2019
BLANCO RANGER DISTRICT
317 E MARKET ST
MEEKER
CO 81641
970 945-3217ROBERT HALL
07/09/2019 1700 MT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
White River NF - Lost Creek Bunkhouse Deck Replacement
This is an RFQ for a new deck in accordance with Section C.
Basic Contracting Requirements:
1. Active Registration - www.sam.gov
2. Invoicing and Payment - www.ipp.gov - 14 day prompt pay
3. FAR Part 36 - Construction Provisions and Clauses
4. FAR Part 13 - Simplified Acquisition Procedures
5. Davis Bacon Wage Requirements for Rio Blanco County, CO Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 28
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1282D719Q0024
6. Total Small Business Set-Aside for NAICS 38350
- Size Standard -
7. Award Basis - Low Price Technically Acceptable with a check of your past performance and references
Period of Performance: 07/15/2019 to 08/14/2019
001 Lost Creek Bunkhouse Deck Replacement
Product/Service Code: Z1FZ
Product/Service Description: MAINTENANCE OF OTHER
RESIDENTIAL BUILDINGS
Delivery: 08/14/2019
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
1282D719Q0024 Lost Creek Bunkhouse Deck Page 3 of 28
B--SCHEDULE OF ITEMS
C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS
E - Inspection and Acceptance F - Deliveries or Performance I - Contract Clauses J - List of Documents, Exhibits, and Other Attachments
K--REPRESENTATIONS, CERTIFICATIONS
L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
M--EVALUATION FACTORS FOR AWARD
B--SCHEDULE OF ITEMS
B-1. Schedule of Items
The Government intends to evaluate proposals and award contract without discussions with offerors.
SCHEDULE OF ITEMS
LOST CK BUNKHOUSE DECK REPLACEMENT
WHITE RIVER NATIONAL FOREST
Description Method of Measure
Unit Quantity Unit Price
TOTAL Items
10’ x 20’ Free Standing Deck with 12” round concrete supports, treated 4”x4” timber support posts, double 2”x10” treated timber framing, 2”x10” treated timber joists, hardware/fasteners and 1” square edge composite decking.
L.S.Q Each 1
4”x4” smooth 4 gauge galvanized utility panel railing 4’ high with frame/support and composite top rail
A.Q Lineal Feet
TOTAL ITEMS
To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), https://www.sam.gov/SAM/ https://www.sam.gov/SAM/
1282D719Q0024 Lost Creek Bunkhouse Deck Page 4 of 28
C-- STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS
C-1. Description of Work
Lost Creek Bunkhouse Deck Replacement. The access to the front entrance door to the Lost Creek Modular Bunkhouse is from the deck, which is elevated off the ground by approximately 4 feet. There are stairs and a handicap accessible ramp leading to the deck. In the winter of 2019, the deck collapsed beyond repair and there is no longer access to the front entrance. A permanent "temporary" portion of the deck 12’x10’ has been constructed to gain entry to the bunkhouse. This project will add an additional 20'x10' to the new permanent temporary deck. Deck will be free standing deck (i.e., no joist hangers attached to the house). Existing 12" round concrete support foundations will be reused and new ones for the area adjacent to house will be required. Support framing, joists and columns will be pressure treated lumber and the decking will be composite material. Construct safety railing around entire structure (4”x4” smooth galvanized 4 gauge utility panel type). Provide all labor, materials, and incidentals necessary to complete the project.
The design and specifications for this work is found in Sections C-3 and C-4.
C- 2 Project Location
The project is on the White River National Forest, Blanco Ranger District. Access to the site is via Rio Blanco County Road 8, approximately 32 miles east of Meeker, Colorado. T1N, R90W Section 15. The Lost Creek Guard Station is comprised of three structures on the left side of the road as you head towards Trappers Lake, and the Lost Creek Bunkhouse is located on the right side of the road with the shop/garage and historic barn structure. See attached map of directions to the site and the Lost Creek Guard Station Compound.
C-3. General Specifications
Codes and Specifications: All materials and installation shall comply with state, federal, local city and county building code requirements, manufacturer’s instructions, and these specifications.
Use of Premises: Contractor shall have full use of premises for construction operations during construction period. Contractor's use of premises is limited only by the Government's right to perform work or to retain other contractors on portions of Project. The contractor is responsible for repairing any damage resulting from the contractor’s negligence during the term of this contract
Camping: There are a several Forest Service Campground near the project location. Contractor shall pay the standard rate to camp at these sites. Camping may be allowed at the project site but must be approved by the Blanco District Ranger.
Work Restrictions: Contractor shall at all times conduct his operations to ensure the least inconvenience to FS personnel residing at the bunkhouse. Confine storage of materials to areas as approved by the CO. The building will be occupied during construction. The Contractor will maintain safe access for FS personnel during construction.
Work shall not occur outside the hours of 7:30 am and 6:00 pm Monday through Friday without prior approval.
Schedule: Complete within 30 calendar days after award.
Quantities: Contractor is responsible for calculating and determining all quantities for bidding.
Permits: No permits are required.
C-4. Design and Technical Specifications
Work: Furnishing all labor, materials, equipment, and other incidentals necessary to successfully complete the project or any portion of it, carrying out all duties and obligations imposed by the contract on the Contractor.
Measurement and Payment: For each individual item in the Schedule of Items, payment will be full compensation for all work related to the particular item in accordance with the Specifications. Method of Measurement for Payment will be Actual Quantities (A.Q) and Lump Sum Quantities (L.S.Q) which denote one complete unit of work as described in the contract including necessary materials, equipment, and labor to complete the job. They will be measured complete and in-place.
1282D719Q0024 Lost Creek Bunkhouse Deck Page 5 of 28
Design/Materials: Refer to the attached sketch for the plan view of the deck, and structural design. The dimensions shown are approximate and should be verified prior to submitting a bid. The elevation of the deck is approximately four feet above existing grade. The size of the new deck to be constructed is 10 feet wide by 20 feet long and will be connected to recently constructed “permanent temporary” deck. The existing 12 inch round concrete support foundations with protruding nuts will be re-used. They are spaced approximately 55”-58” apart along the length of the house at the far edge. The new deck will be free standing which will require installation of new 12 inch concrete foundations with protruding nuts and assume 8 are required. The concrete supports will be buried 42 inch below grade to address frost heave. New 4”x4” pressure treated lumber support posts and associated hardware will be needed and assume 16 are required. The Frame for the deck will be double 2”x10” pressure treated lumber. The joists will be single 2”x10” pressure treated lumber hung on the frame with joist hangers. The joists will be spaced at 12” centers.
The decking material will be composite material - Trex Select, 1” Square Edge, Woodland Brown Color – or approved equal. The composite decking will be secured to the joists with 3 inch deck screws.
The safety railing will be constructed of 4”x4” opening size, 4 gauge smooth galvanized wire, utility panel material 4 feet high by 16 feet long.
The panel material will be secured to the deck by a frame consisting of 4”x4” treated lumber support posts and 2”x4” treated lumber edging. The top rail will be will be composite material - Trex Select, 1” Square Edge, Woodland Brown Color – or approved equal.
Clauses
452.211-72 Statement of Work/Specifications. (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the
Statement of Work/Specifications referenced in Section J.
(End of Clause)
E - Inspection and Acceptance
Clauses
52.246-12 Inspection of Construction. (APR 1996)
F - Deliveries or Performance
Clauses
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 14 August 2019. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.242-14 Suspension of Work. (APR 1984)
I - Contract Clauses
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 address:
www.aquistions.gov .
(End of clause) http://www.aquistions.gov/
1282D719Q0024 Lost Creek Bunkhouse Deck Page 6 of 28
52.216-1 Type of Contract. (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
(End of provision)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Construction Wage Rate Requirements. (MAY 2014)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (MAY 2014)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
All rulings and interpretations of the Construction Wage Rate Requirements and related statutes contained in 29 CFR parts 1, 3, and 5 are hereby incorporated by reference in this contract.
(End of clause)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of segregated facilities. (APR 2015)
52.223-1 -- Biobased Product Certification. (May 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.
8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the
United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)
52.223-2 -- Affirmative Procurement of Biobased Products Under Service And Construction Contracts. (Sep 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United
States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
1282D719Q0024 Lost Creek Bunkhouse Deck Page 7 of 28
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
52.222-26 Equal Opportunity. (APR 2015)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.232-23 Assignment of Claims. (MAY 2014)
52.232-27 Prompt payment for construction contracts. (MAY 2014)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest after Award. (AUG 1996)
52.236-2 Differing Site Conditions. (APR 1984)
52.-236-3 – Site Investigations and Conditions Affecting Work – (Apr 1984)
52.236-5 Material and Workmanship. (APR 1984) http://www.biopreferred.gov/ http://www.sam.gov/
1282D719Q0024 Lost Creek Bunkhouse Deck Page 8 of 28
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the
Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the
Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
(End of clause)
52.225-9 Buy American - Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
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;
1282D719Q0024 Lost Creek Bunkhouse Deck Page 9 of 28
(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 non-availability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(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.
1282D719Q0024 Lost Creek Bunkhouse Deck Page 10 of 28
(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 or Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description Unit of
Measure Quantity
Price
(Dollars)*
Item 1:
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
Item 2:
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
(End of clause)
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.
1282D719Q0024 Lost Creek Bunkhouse Deck Page 11 of 28
(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.
(End of provision)
52.236-7 Permits and Responsibilities. (NOV 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
(End of clause)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The
Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.
If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the
Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the
Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
52.236-10 Operations and Storage Areas. (APR 1984)
1282D719Q0024 Lost Creek Bunkhouse Deck Page 12 of 28
(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the
Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.
(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.
(End of clause)
52.236-12 Cleaning Up. (APR 1984)
The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the
Contracting Officer.
(End of clause)
52.236-13 Accident Prevention. (NOV 1991)
52.236-14 Availability and Use of Utility Services. (APR 1984)
52.236-17 Layout of Work (Apr 1984)
52.236-26 Preconstruction Conference. (FEB 1995)
52.236-27 Site Visit (Construction) Feb 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the
Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
52.243-5 Changes and Changed Conditions. (APR 1984)
52.244-6 Subcontracts for Commercial Items. (FEB 2016)
52.245-1 Government Property. (APR 2012)
52.-246-21 – Warranty of Construction (Mar 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
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(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the
Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of --
(1) The Contractor’s failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the
Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall --
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the
Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturers, or supplier’s warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
(End of Clause)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the
Federal Acquisition Regulation in effect on the date of this contract.
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52.253-1 Computer Generated Forms. (JAN 1991)
J - List of Documents, Exhibits, and Other Attachments
Attachment 1 – Deck Drawing
Attachment 2 – Wage Determination
K--REPRESENTATIONS, CERTIFICATIONS
AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K-1. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov/far/
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.222-38 Compliance with Veterans Employment Reporting Requirements (Feb 2016) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction G
K2. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)
READ THE HIGHLIGHTED PORTIONS FIRST! IF YOU ARE REGISTERED AND ACTIVE IN SAM, YOU ONLY HAVE TO LIST
ANY CHANGES AT PARAGRAPH d. Or if there are any changes, update your SAM registration before submitting your bid.
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 236220 –
Commercial and Institutional Building Construction
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is
500 employees.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the
System for Award Management (SAM), and has completed the Representations and Certifications section of
SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the http://www.acquisition.gov/far/
1282D719Q0024 Lost Creek Bunkhouse Deck Page 15 of 28 corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;
or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony
Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Perform—ce--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
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(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast
Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Vete’ans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative
Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.
This provision applies to solicitations that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at
52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its
Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its
Alternate II applies.
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(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its
Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in S—an--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
___ (i) 52.204-17, Ownership or Control of Offeror.
___ (ii) 52.204-20, Predecessor of Offeror.
___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equip—nt--Certification.
___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Serv—es--Certification.
___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-
Designated Products (Alternate I only).
___ (vii) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, https://www.acquisition.gov/
1282D719Q0024 Lost Creek Bunkhouse Deck Page 18 of 28 date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
K-3. FAR 52.209-5 – Certification Regarding Responsibility Matters (Oct 2015)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that –
(i) The Offeror and/or any of its Principals –
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
€ Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
1282D719Q0024 Lost Creek Bunkhouse Deck Page 19 of 28
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.
A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.
This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to…
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