2019_Decommissioning_of_Pinedale_Crew_QuartersRFQ.pdf
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
12837119Q0026
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED
06/18/2019
PAGE 1 OF
PAGES 52
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
955570
6. PROJECT NO.
7. ISSUED BY CODE 8371 8. ADDRESS OFFER TO
USDA, Forest Service Southwest Region 333 Broadway SW Albuquerque, NM 87102
USDA, Forest Service Gila National Forest 3005 E. Camino Del Bosque Silver City, NM 88061
9. FOR INFORMATION CALL: a. NAME
Richard Polanco, COR Geraldine M. Carrasco, C.O.
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
(928) 388-8261
(575) 388-8345
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
2019 Decommissioning of Pinedale Crew Quarters and Seed Storage: The Apache-Sitgreaves National Forest is requesting offerors for performing the decommissioning of the crew quarters, seedling storage, and other miscellaneous items at the Pinedale Administrative
Site per contract specifications. The project is located on the Lakeside Ranger District.
NAICS: 238910 SMALL BUSINESS SIZE STANDARD $15.0 MILLION
PREPOPOSAL MEETING: July 9, 2019 at 1100 MST. Please contact Richard Polanco at 928-333-6279 if you are planning on attending
Preproposal Meeting/Site Visit.
**PROJECT MAGNITUDE: Between $25,000 and $100,000.
11. The Contractor shall begin performance within 10 days of receipt of the notice to proceed, and complete project in accordance with deadlines stated in FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I. This performance period is mandatory, negotiable. (See Section F, Deliveries and Performance.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12b.)
YES NO
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
.A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 7 by 3:00 PM MST JULY 17, 2019.
B. An offer guarantee , IS is not required.
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)
Construction Project: 2019 Decommissioning of Pinedale Crew Quarters and Seed Storage
Apache-Sitgreaves National Forest Solicitation No.: 12837119Q0026
OFFER (Must be fully completed by offeror)
15. TELEPHONE NO. (Include area code)
Duns No. ______________________________________
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within __21 days_____ calendar days after issuance of the Notice to Proceed. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
PLEASE COMPLETE THIS BLOCK
AMOUNTS $
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
USDA FOREST SERVICE
Gila National Forest 3005 E. Camino Del Bosque Silver City, NM 88061
All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
GERALDINE M. CARRASCO
30b. SIGNATURE
30c. DATE
31b. UNITED STATES OF AMERICA
31c. DATE http://www.ipp.gov/
PART I – THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
Furnish all necessary materials, labor, supervision, equipment and incidentals needed to perform the 2019 Decommissioning of the Pinedale Crew Quarters and Seed Storage at the Pinedale
Administration Site per contract specifications.
B.1 – SCHEDULE OF BASE ITEMS
BASE
ITEM #
DESCRIPTION OF PROJECT ITEMS
UNIT OF
MEASURE
EST.
QTY
UNIT PRICE
EXTENDED
AMOUNT
B1.1 Mobilization, bonding, ADEQ reporting and permits, etc.
LS 1 $________ $____________
B2.1 Remove crew quarters SF 2094 $________ $____________
B3.1 Remove crew quarters foundation and sidewalk
SF 2160 $________ $____________
B4.1 Remove seed storage building SF 660 $________ $____________
B5.1 Remove seed storage building foundation SF 660 $________ $____________
B6.1 Remove external a/c units, concrete pad, and fence
TOTAL OF ALL BASE ITEMS
O.1 – SCHEDULE OF OPTION ITEMS
OPTION ITEM
DESCRIPTION OF PROJECT ITEMS
UNIT OF
MEASURE
EST.
QTY
UNIT PRICE
EXTENDED
AMOUNT
O1.1 Remove underground gas piping and signage
O2.1 Remove fuel storage tank, bollards, and concrete pad
O3.1 Remove vehicle storage rack, concrete, columns, and retaining walls, and regrade
O4.1 Remove metal storage shed LS 1 $________ $____________
O5.1 Close septic tanks LS 1 $________ $____________
O6.1 Remove miscellaneous infrastructure LS 1 $________ $____________
O7.1 Abandon well LS 1 $________ $____________
TOTAL OF ALL OPTION ITEMS
Contractor MUST be registered in System Award Management (SAM) http://www.sam.gov/portal/public/SAM/ by proposal/bid/quote submission date. Lack of SAM registration will result in offeror/response being rejected and no longer being considered for further evaluation.
Set Aside: This solicitation is set-aside for Small Business
Disclosure Of The Magnitude Of Construction Projects (FAR 36.204)
Project magnitude: Between $25,000 and $100,000.
Note: Prices shall include all applicable taxes.
http://www.sam.gov/portal/public/SAM/
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 – GENERAL DESCRIPTION OF WORK
The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to decommission the crew quarters, seedling storage, and other miscellaneous items at the Pinedale Administrative Site. The project is located on the Lakeside Ranger District.
All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request for Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.
The Government intends to award a contract based on Best Value – Tradeoffs. The offeror that demonstrates that they have technical skill required and lowest price. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.
Reference Section J for Exhibits:
Exhibit – Wage Determinations Exhibit – Experience Questionnaire Exhibit – A/S Fire Plan Exhibit – Bio preferred Construction/Maintenance and Repair Brochure Exhibit 3 – Pinedale Administrative Site Map #1 Exhibit 4 – Pinedale Administrative Site Map #2 Exhibit 5 – Drawings, Pinedale Crew Quarters Exhibit 6– Asbestos Report, Pinedale Crew Quarters Exhibit 7 – Pictures, Pinedale Crew Quarters Exhibit 8 – Pictures, Seed Storage Building Exhibit 9– Pictures, Fuel Tank Exhibit 10 – Pictures, Vehicle Rack Exhibit 11 – Pictures, Metal Storage Shed Exhibit 12 – Septic Tank Closure Statutes Exhibit 13 – Pictures, Septic Tanks Exhibit 14 – Pictures, Miscellaneous Items Exhibit 15 – Well Abandonment Specifications, Info, and Pictures
C.2 – LOCATION OF PROJECT
The project work is located at the U.S. Forest Service Pinedale Administrative Site in Pinedale, AZ. From the intersection of AZ-260 and US60 in Show Low, head west along AZ-260 13 miles. Then, turn left (south) on Pinedale Road and continue 1 mile. The administrative site is located on the left side of the road. Refer to Exhibits 3 and 4 for site maps and approximate utility locations.
**NOTE: ANTICIPATED START DATE OF PROJECT EXPECTED JANUARY 2020**
C.3 – SPECIFIC SCOPE OF WORK
Where referenced herein, the term “remove,” “decommission,” and “demo” are defined as complete removal and offsite disposal of, in accordance with local, state, and federal regulations and laws. Potable water and electric are available onsite. Overnight stays and/or camping at nearby campgrounds may be authorized by the Lakeside Ranger District, 928-368-2100. The residence is currently occupied, and the contractor must adhere to schedules and working hours, and provide temporary construction fencing or caution tape to the areas of work.
When voids or soft spots are created as a result of removal, gently regrade slopes using earthen fill in the immediate vicinity of the work.
C3.1 Base line item B1.1
Mobilization (one-time charge), bonding, ADEQ reporting, permits, and incidentals.
C3.2 Base line item B2.1
Remove the crew quarters building, including all interior and exterior furnishings, plumbing, electrical, HVAC, gas lines, exterior water valve boxes, bollards, concrete encased utilities (2) in the back where the gas lines come up, and vapor barrier, including the overhang over the sidewalk. Work excludes sidewalk and foundation removal.
The quarters contains asbestos materials. Comply with National Emission Standard for Hazardous Air Pollutants (NESHAP) and Arizona Department of Environmental Quality (ADEQ) for any required abatement and reporting procedures. The following is a link to the ADEQ requirements and reporting items:
http://legacy.azdeq.gov/environ/air/asbestos/download/neshap_regs.pdf http://legacy.azdeq.gov/environ/air/asbestos/index.html#notif http://legacy.azdeq.gov/environ/air/asbestos/download/neshap_form.pdf
Refer to Exhibits 5, 6, and 7 for drawings, asbestos report, and pictures, respectively.
C3.3 Base line item B3.1
Remove 4-foot wide, 8-inch thick sidewalk. It runs the length of the crew quarters building, approximately 80-feet long. Remove the 4-inch concrete foundation including 24-inch edge turndowns/stem walls. Remove approach sidewalk, approximately 22 feet long and 3 feet wide.
C3.4 Base line item B4.1
Remove refrigerated seed storage building, including concrete foundation. Building is approximately 30-feet by 22-feet, 9-foot tall. Removal includes meter post, refrigerant piping, and all associated electrical boxes and conduits.
Working condition of HVAC components are unknown. Electrical has been disconnected. Refer to Exhibit 8 for pictures.
C3.5 Base line item B4.1
Remove refrigerated seed storage building concrete foundation. Foundation is approximately 30-feet by 22-feet.
C3.6 Base line item B6.1
Remove external a/c units (2) and associated 6-feet by 8-feet concrete pad, 10-inches thick, at the seed storage building. Include the small fence enclosure, 4-feet high and 24-feet in length, including corner posts and concrete.
Electrical has been disconnected. Working condition of HVAC components are unknown. Refer to Exhibit 8 for pictures.
C3.7 Option line item O1.1
Remove approximately 100 linear feet of underground gas piping to crew quarters, and post/signage. There are two locations where pipe feeds crew quarters.
http://legacy.azdeq.gov/environ/air/asbestos/download/neshap_regs.pdf http://legacy.azdeq.gov/environ/air/asbestos/index.html#notif http://legacy.azdeq.gov/environ/air/asbestos/download/neshap_form.pdf
C3.8 Option line item O2.1
Remove fuel tank, associated concrete slabs (20-feet by 10-feet and 13-feet by 12-feet), and bollards (7). There are two electrical stub outs; one where the current tank sits and another where a second fuel tank was located on the same slab. Remove these plus the underground electrical conduits/conductors to the saw shop, located approximately thirty feet away. Electrical has been disconnected. Refer to Exhibit 9 for pictures.
C3.9 Option line item O3.1
Remove vehicle storage rack, including all associated concrete, foundations, and columns. Footprint is approximately 18 feet by 11 feet, plus a 5-foot by 11-foot concrete approach slab. Remove the CMU retaining wall, approximately 40 linear feet. Once all items have been removed, regrade area to natural contours. Refer to Exhibit 10 for pictures.
C3.10 Option line item O4.1
Remove metal storage shed, including wood blocking. . Refer to Exhibit 11 for pictures.
C3.11 Option line item O5.1
Provide closure activities, in accordance with Arizona Revised Statute, Title 18 Environmental Quality, Chapter 9 Water Pollution Control, Article 3 Aquifer Protection Permits – General Permits, Part A General Provisions, statute R18-9-A309 General Provisions for On-site Wastewater Treatment Facilities, for two septic tanks located at the crew quarters. Refer to Exhibit 12 for full statute verbiage, and Exhibit 13 for pictures. Include removing the culverts and lids, and filling the tanks with existing earthen fill in the immediate area. This work must be done in the presence of the Contracting Officer.
C3.12 Option line item O6.1
Remove miscellaneous (quantity in parenthesis) described herein and as shown in Exhibit 14, including:
Wood flagpole (1) Culvert, 8-foot long (1) Wood meter poles and meter panels (6) Pipes sticking out of ground (4) Concrete structures (2, 4 by 4 pad and 2 by 2 square with hole) Small wood structure in ground (1) Top of trach can / faucet (1) Hydrant (2, one with culvert and lid) PVC valve box (3) Posts / U-channels (7) Picnic Table, Wood (1) Exposed galvanized pipe, behind quarters Trash cans (2) Wood railing at vehicle rack
Gently regrade areas where voids are left using surrounding earthen fill.
C3.13 Option line item O7.1
Abandoned, per ADWR Well Abandonment Handbook, September 2008 edition, and Exhibit 15. The well is currently capped, with the drop pipe and pump completely removed (only the casing remains). Use the casing removal, standard method, which consists of remove the entire length of well casing, and fill the well completely with neat cement or cement-bentonite grout.
If the casing cannot be removed with adequate force, proceed with the casing re-perforation method.
Dependent upon method, proceed with the proper surface seal requirement.
Contractor must provide all information sufficient for the ADWR well abandonment forms to the USFS Engineering staff, who will be responsible for submitting the forms to the proper jurisdiction. The well is accessible through a roof hatch on the well house building. This is how the drop pipe and pump were removed.
SECTION D – PACKAGING AND MARKING
D1—GENERAL INFORMATION:
See Section J for Exhibits that are incorporated as part of the statement of work:
SECTION J – Wage Determinations
SECTION J – Experience Questionnaire
SECTION J – Forest Fire Plan
SECTION J – Bio preferred Construction/Maintenance and Repair
Exhibit 3 – Pinedale Administrative Site Map #1 (electronic attachment, 1 page)
Exhibit 4 – Pinedale Administrative Site Map #2 (electronic attachment, 1 page)
Exhibit 5 – Drawings, Pinedale Crew Quarters (electronic attachment, 4 pages)
Exhibit 6 – Pictures, Pinedale Crew Quarters (electronic attachment, 3 pages)
Exhibit 7 – Asbestos Report, Pinedale Crew Quarters (electronic attachment, 34 pages)
Exhibit 8–Pictures, Seed Storage Building (electronic attachment, 2 pages)
Exhibit 9- Pictures, Fuel Tank (electronic attachment, 1 page)
Exhibit 10- Pictures, Vehicle Rack (electronic attachment, 2 pages)
Exhibit 11- Pictures, Metal Storage Shed (electronic attachment, 1 page)
Exhibit 12 Septic Tank Closure Statutes (electronic attachment, 1 page)
Exhibit 13 Pictures, Septic Tanks (electronic attachment, 1 page)
Exhibit 14 Pictures, Miscellaneous Items (electronic attachment, 7 pages)
Exhibit 15 Well Abandonment Specifications, Info, and Pictures (electronic attchmnt, 11 pages)
Technical Capability shall be submitted in the form of a statement or document that demonstrates the contractor’s capability to perform the work to meet or exceed the requirements of this solicitation. In order to meet the Technical Capability Requirements, offers shall address the following factors:
Factor a - tools, equipment, training, and general business practices should be developed in the statement or document to satisfy an evaluation panel that you the contractor has a level of technical capability that meets or exceeds the requirements to perform this work:
a) Certificates of personnel with asbestos remediation that meets ADEQ requirements for mandatory classes, training, and certifications.
Factors b - Provide specific information to gain a better understanding of the requirements to remove and haul offsite building and miscellaneous infrastructure, that documents and addresses your firm’s experience and capability. You may provide your own drawings, illustrations, documents, or photos to support your capability to perform the work. Specifically address the following:
a) General building demolition experience, which can include residential, commercial, or government facilities.
b) Removal of construction/building debris containing asbestos materials such as drywall, tile mastic, and window putty.
SECTION E – INSPECTION AND ACCEPTANCE
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
FAR 52.246-12 Inspection of Construction. (APR 1996)
(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not --
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph
(i) of this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting
Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the
Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may --
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
(End of Clause)
52-246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F – DELIVERIES OR PERFORMANCE
FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.
AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)
Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work
The maximum workweek shall be 5 days per week, Monday through Friday, from 8:00 AM to 6:00 PM. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.
52.242-14 Suspension of Work (APR 1984)
SECTION G – CONTRACT ADMINISTRATIVE DATA
THIS SECTION IS NOT APPLICABLE TO THIS CONTRACT
SECTION H – SPECIAL CONTRACT REQUIREMENTS
USDA’s website for Bio-Preferred: http://www.biopreferred.gov/
Product categories: http://www.biopreferred.gov/ProductCategories.aspx
Federal Purchasing Requirement: http://www.biopreferred.gov/PurchasingBiobased.aspx
Federal vendor/contractor reporting requirements: http://www.biopreferred.gov/FARReporting.aspx
AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project Manager/Foreman.
(b) During the first ninety (20) 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 20-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.
http://www.biopreferred.gov/ http://www.biopreferred.gov/ProductCategories.aspx http://www.biopreferred.gov/PurchasingBiobased.aspx http://www.biopreferred.gov/FARReporting.aspx
PART II – SECTION I – CONTRACT CLAUSES
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.202-1 Definitions (NOV 2013)
52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)
52.203-7 Anti-Kickback Procedures (MAY 2014)
52.203-8Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2010)
52.204-10 Reporting Executive Compensation and First-Teir Subcontract Awards (OCT 2015)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (AUG 2015)
52.211-18 Variation in Estimated Quantity (APR 1984)
52.215-2 Audit and Records -- Negotiation (OCT 2010)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)
52.219-8 Utilization of Small Business Concerns (OCT 2014)
52.219-14 Limitations on Subcontracting (NOV 2011)
52.222-3 Convict Labor (JUN 2003)
52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAY 2014)
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 Davis-Bacon and Related Act Regulations (MAY 2014)
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)
52.222-26 Equal Opportunity (APR 2015)
52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)
52.222-35 Equal Opportunity for Veterans (OCT 2015)
52.222-36 Equal Opportunity for Workers With Disabilities (JUL 2014)
52.222-37 Employment Reports on Veterans (OCT 2015)
52.222-50 Combating Trafficking in Persons (MAR 2015)
52.223-1 Biobased Product Certification (MAY 2012)
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) http://farsite.hill.af.mil/vffara.htm
52.223-6 Drug-Free Workplace (MAY 2001)
52.223-15 Energy Efficiency in Energy-Consuming Products (DEC2007)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving (AUG 2011)
52.225-1 Buy American—Supplies (MAY 2014)
52.225-9 Buy American—Construction Materials (MAY 2014)
52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)
52.227-1 Authorization and Consent (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)
52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997)
52.228-11 Pledges of Assets (JAN 2012)
52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)
52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)
52.232-17 Interest (MAY 2014)
52.232-18 Availability of Funds (APR 1984)
52.232-23 Assignment of Claims (MAY 2014)
52.232-27 Prompt Payment (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) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
52.236-2 Differing Site Conditions (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)
52.236-5 Material and Workmanship (APR 1984)
52.236-6 Superintendence by The Contractor (APR 1984)
52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)
52.236-10 Operations and Storage Areas (APR 1984)
52.236-11 Use and Possession Prior to Completion (APR 1984)
52.236-12 Cleaning Up (APR 1984)
52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)
52.236-15 Schedules for Construction Contracts (APR 1984)
52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)
52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007)
52.243-5 Changes and Changed Conditions (APR 1981)
52.244-6 Subcontracts for Commercial Items (DEC 2015)
52.246-21 Warranty of Construction (MAR 1994)
52.248-3 Value Engineering – Construction (OCT 2015)
52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996)
52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.211-73 Attachments to Statements of Work/Specifications
452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)
452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988)
452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)
452.236-76 Samples and Certificates (FEB 1988)
452.236-77 Emergency Response (NOV 1996)
452.236-78 Fire Suppression and Liability (MAY 2014)
52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.
8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR
3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and
September 30;
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance; and
(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.
(d) The environmental point of contact for this contract is: Deborah MacIvor (dmacivor@fs.fed.us) phone
928-333- 4301.
http://www.biopreferred.gov/ mailto:dmacivor@fs.fed.us
(e)
(End of clause)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN
1997)
(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (If none, insert “None”)
Identification
No. _
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material
Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard
No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.
313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the
Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the
Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
52.225-9 BUY AMERICAN ACT - 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 section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), 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 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 the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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.
NONE
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:
(2) 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 Act 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 Act 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 Act. (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) B) Unit of measure;
(C) Quantity; (D) Price;
(D) Time of delivery or availability;
(E) Location of the construction project;
(F) Name and address of the proposed supplier; and
(G) 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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act 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
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
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.
(End of provision)
ORDER OF PRECEDENCE--CONSTRUCTION
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the specifications)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
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: U.S.
Forest Service.
452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)
452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)
452.236-72 Use of Premises. (NOV 1996)
452.236-73 Archaeological or Historic Sites. (FEB 1988)
452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)
452.236-76 Samples and Certificates. (FEB 1988)
I – 6 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR
CORPORATE APPLICANTS
ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE
APPLICANTS
(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations
Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been…
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