12837120Q0089 Potable Water Tank RFQ.pdf

1. Introduction. The USDA Forest Service, Prescott National Forest, has a Request For Quotation (RFQ) for Maintenance – cleaning and inspecting eight (8) potable water storage tanks throughout the Prescott National Forest. These tanks ranging in size from 500 gallons to 95,000 gallons. Three (3) of the tanks are only used seasonally (April 1-October 31) the other five (5) tanks support recreational or wildland fire fighting support and are normally not drained. One (1) tank stores purchased water from the City of Prescott. Two (2) of the other tanks store hauled water and the remaining five (5) tanks store well water.

2. Type of Award. As a result of this solicitation, Government anticipates The Government Anticipates awarding a Firm Fixed-Price Contract using RFQ Lowest Price Technically Acceptable (LPTA) format.

This is a 100% Small Business Set Aside. The Small Business size standard is $39.5 Million under NAICS code 237110.

In order to be eligible for award of a Federal contract, potential vendors need to already be registered in the System for Award Management (SAM) at https://www.sam.gov . DUNS and business email are required to enroll in SAM.

No Site Visit will be scheduled for project.

3. How to submit your offer. Submit RFQ pages 1 through 4 as your business proposal. In a separate document, submit a technical proposal as outlined in the Basis for Award to the procuring official on or before May 28, 2020 1600 Arizona Time.

Offers shall be sent only to the procuring official.

Offers may be sent by email. Emails should contain the Solicitation Number 12837120Q0089 in the subject line for the email. Offers that are sent by US Mail shall use the address designated below for the procuring official.

4. Basis for Award. 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 - Provide specific information of the requirements for and EXPERIENCE in maintenance and inspection of potable water tanks.

Failure to provide adequate information for Technically Capability may result in the offer being removed from the competitive range.

5. Procuring Officer Information:

Margaret Cisco, Purchasing Agent Region 3 Acquisition Management 30 S. Chiricahua Drive PO Box 640 Springerville, AZ 85938-0640

Email: margaret.cisco@usda.gov Desk Phone (928)333-6345 Gov’t Cell (928) 245-4750 https://www.sam.gov/ mailto:margaret.cisco@usda.gov

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1I

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

B. SOLICITATION NO.

12837120Q0089

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFQ)

3. DATE ISSUED

4/29/2020

PAGE OF PAGES

IMPORTANT — The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

992255

6. PROJECT NO.

7. ISSUED BY CODE 128371 8. ADDRESS OFFER TO

USDA FOREST SERVICE REGION 3 ACQUISITION MANAGEMENT

PO BOX 640

30 S. CHIRICAHUA DRIVE

SPRINGERVILLE, AZ 85938

SAME AS BOX NO. 7

9. FOR INFORMATION

CALL:

B. NAME

MARGARET CISCO

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(928) 333-6345

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):

The USDA Forest Service, Prescott National Forest, has a Request For Quotation (RFQ) for Maintenance – cleaning and inspecting eight (8) potable water storage tanks throughout the forest.

MAGNITUDE OF PROJECT: Between $25,000 and $100,000. This solicitation is a 100 percent Total Small Business Set-Aside.

NAICS: 237110 $39.50 Million is size standard for small business. PSC: Z1NE

Davis-Bacon Wages apply. No bonding will be required.

Offerors are required to have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

11. The Contractor shall begin performance within 10 calendar days and complete it within time specified calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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 8 by 1600 MST (hour) local time MAY 28, 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

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:

B. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

B. SUBMIT INVOICES TO ADDRESS SHOWN

IN

ITEM

B. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

SAME AS 7 Electronic Funds Transfer via Invoice Processing Platform at www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ 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 or 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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

CONSTRUCTION RFQ SOL NO: 12837120Q0089

UNIT: PRESCOTT NATIONAL FOREST

PROJ NAME: FOREST POTABLE TANK CLEANING

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B1 – SCHEDULE OF BASE ITEMS

Item No. Item Description Est.

Qty Method of

Measurement* Unit Unit Price Extended Cost

Base Items:

1 Cleaning and Inspection of 500 Gallon Potable Water Tank 1 LSQ LS

Cleaning and Inspection of 5,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 10,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 11,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 15,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 42,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 50,000 Gallon Potable Water Tank

1 LSQ LS

Cleaning and Inspection of 95,000 Gallon Potable Water Tank

1 LSQ LS

* LS = Lump Sum, LSQ = Lump Sum Quantity Total Base Line Items:

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:____________________________________ DUNS#____________________

AUTHORIZED TO SIGN (NAME & TITLE):__________________________________________________________

SIGNATURE:____________________________________________________ DATE:_____________________

BUSINESS EMAIL: _______________________________________ PHONE: ____________________________

SECTION 1 – SCHEDULE OF ITEMS

See Section B1 for schedule of items.

SECTION 2 – GENERAL

2.01 INTRODUCTION

The USDA Forest Service, Prescott National Forest, has a Request For Quotation (RFQ) for Maintenance – cleaning and inspecting eight (8) potable water storage tanks throughout the Prescott National Forest. These tanks ranging in size from 500 gallons to 95,000 gallons. Three (3) of the tanks are only used seasonally (April 1-October 31) the other five (5) tanks support recreational or wildland fire fighting support and are normally not drained. One (1) tank stores purchased water from the City of Prescott. Two (2) of the other tanks store hauled water and the remaining five (5) tanks store well water. All communications will be between the Contractor and the CO or COR. However, some coordination with Forest Recreational and Fire programs will be crucial in order to properly time the cleaning of the tanks with various activities.

The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items for the cleaning and inspecting of eight (8) potable water storage tanks throughout the Prescott National Forest.

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

2.02 PROJECT LOCATION

Most of the tanks in this project are located on the Bradshaw Ranger District in the Prescott Basin, and can be easily accessed via paved roads with 45 minutes of Downtown Prescott there are a few that are located off Forest Services roads in remote areas that require high clearance vehicles and could take up to two hours to arrive at the tanks. These locations are as follows:

A. Alto Pit (500 Gallon) – Located off Iron Springs Road heading towards Skull Valley. From the intersection of

Williamson Valley Road and Iron Springs Road travel west on Iron Springs Rd approximately 4 miles the camp ground is located on the right side of the road just past Skyline Drive.

B. Groom Creek Horse Camp (5,000 gallon) – Located of Senator Highway. From the intersection of Mount Vernon Road and Gurley, travel south on Mount Vernon Road (which become Senator Highway) for approximately 6.6 miles and is located on the west side of the road.

C. Horsethief Basin RA (10,000 gallon) - Located east of Crown King approximately 6.5 miles. From the intersection of Main Street in Crown King and Bumble Bee, turn south on Bumble Bee for approximately 0.6 mile, the turn east onto Senator Highway towards Horsethief Basin. The cabin will be on the right in approximately 6 miles.

D. Potato Patch (11,000 gallon) – Located off Highway 89A on top of Mingus Mountain. From the intersection of Fain Road and Highway 89A travel north on Highway 89A towards Jerome for approximately 12.1 miles, turn west on FSR 104 and the campground is located approximately ½ mile on FSR 104.

E. Granite Basin (15,000 gallon) – Located off Iron Springs Road heading towards Skull Valley. From the intersection of Williamson Valley Road and Iron Springs Road travel west on Iron Springs Rd approximately 1.65 miles, the camp ground is located on the right side of the road.

F. Prescott Fire Center (42,000 gallon) – Located at 2400 Melville Rd., Prescott, AZ 86301 and is adjacent to the Prescott Municipal Airport. Directions to the Prescott Fire Center, from the intersection of AZ 89 and Willow Creek, head south on AZ89 turning left at AZ89A staying in the right lane to turn left on to Larry Caldwell. Then turn right at the Yield sign Larry Caldwell Rd. turns in to Wilkinson Dr., turn right onto Melville Rd. and the Fire Center is on the left.

G. Lynx Lake (50,000 gallon) – Located off Walker Road. From the intersection of Highway 69 and Walker Road, turn south on Walker Road, then travel approximately 2.18 and the recreation area is on the left side of the road.

H. Crown King Work Center (95,000 gallon) – From Spring Valley, turn south on Spring Lane, turn west on Duffers Drive, at T-intersection turn south on Antelope Creek Road, in approximately 5.5 miles stay right at Y intersection then turn west onto Bumble Bee Road towards Crown King. In approximately 16.7 miles turn west on Main Street then take the first left after the general store and fire station. The work center is located at the end of the road, approximately ¼ mile from Main Street.

2.03 PROJECT REQUIREMENTS

A. The objective of this project is to clean and inspect the potable water storage tanks in order to document existing conditions in an inspection report that may compromise the structural integrity, safety, operational readiness, security and water quality of the storage tanks. The water storage tanks are located above ground level and range from 500 gallons to 95,000 gallons. All work performed shall adhere to the ADEQ and ADWR guidelines and regulations.

2.04 GENERAL SITE CONDITIONS, FACILITIES AND TEMPORARY CONTROLS

A. Contracting Officer’s Representative (COR) - The COR is a Forest Service official designated by the Contracting

Officer to perform day-to-day contract administration, including site inspections for quality assurance.

B. A site can be made available to the Contractor for staging and storage during the duration of the project and will be located by the COR at the beginning of work. Any damage resulting from the Contractor’s use of this site will be repaired or replace at the Contractor’s expense at the direction of the COR.

C. Many of these tanks while most have cell phone coverage, many do not have immediate access to restroom facilities. All temporary services and use areas shall be completely removed and the use areas shall be restored upon completion of use.

D. Transportation to and from the work site for the Contractor's personnel and materials will be provided at the Contractor's expense.

E. The Contractor shall take reasonable measure to secure equipment and contract work against theft and vandalism. The Forest Service is not responsible for the theft and/or vandalism of any materials or equipment left at the project site.

F. The work zones shall be delineated and marked adequately warn visitors, government contractors and all government employees of equipment operations and other hazardous conditions. The Contractor is responsible for providing barrier materials and maintaining barriers such as temporary barricades, barrier tape, curbs, etc. at all work zones. The Contractor shall remove all temporary facilities and restore the site to its prior condition as a part of the project closeout procedures. Any damage to existing improvements shall be repaired at the Contractor’s expense according to the direction of the COR.

G. No Government furnished supplies will be provided.

2.05 USE OF PREMISES

A. Driveways, Walkways, and Entrances: Keep driveways, walkways and entrances serving premises clear and available to emergency vehicles and pedestrians. Do not use these areas for parking or storage of materials, unless approved by the COR.

B. Smoking is not permitted within any government building, or within 25 feet of any entrance or window.

C. Confine storage of materials to areas as approved by the COR.

D. Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. Contractor shall minimize disturbance of all undisturbed areas.

2.06 CONSTRUCTION SCHEDULE

A. Work shall begin as soon as possible after the notice to proceed is given by the Contracting Officer.

B. Contractor shall give the COR 24 hours’ notice prior to beginning work.

2.07 PROVISIONS FOR SAFETY AND PUBLIC ACCESS

A. Contractor shall operate in compliance with AWWA C652 (Disinfection of Water Storage Facilities) as it relates to equipment and personnel, safety and disinfection requirements for equipment and personnel at all times.

B. Contractor shall abide by OSHA standards safety regulations for storage water tanks.

2.08 PROVISIONS FOR PROTECTION OF NATRUAL RESOURCE

A. Confines all operations to work limits of the project. Prevent damage to natural surroundings. Restore damaged areas, repairing or replacing damaged trees and plants, at no additional expense to the Government.

B. Provide temporary barriers to protect existing trees and plants and root zones.

C. Do not remove, injure, or destroy trees or other plants without prior approval. Consult with COR and remove agreed-on roots and branches that interfere with construction.

D. Do not fasten ropes, cables, or guys to existing trees.

2.09 SITE VISIT

A. There will not be a site visit for this project however it is highly encourage to visit all these sites before submitting bid offer.

B. Questions can be directed to Terri Beard at (928) 443-8177.

SECTION 3 - SPECIFIC PROJECT REQUIREMENTS

3.01 INSPECTION AND CLEANING

The purpose of this project is to clean and inspect eight (8) potable water storage tank located on the Prescott National Forest.

A. Tank Cleaning – Clean shall be performed in accordance to ADEQ and ADWR standards. No process or materials shall be employed in such a manner that they will introduce additional hazards into each project site.

1. The Contractor shall clean all horizontal surfaces and tank walls to remove bio growths, sediment, sludge, debris and build up each tank. Water used for high-pressure water washing shall be clean and free from oil, acid, alkali, organic matter or other deleterious material. The water shall be equal to potable water in physical and chemical characteristics.

2. During cleaning of the sediments, any cracks or problems detected on the tank flow shall be recorded on video and brought to the attention of the COR. The Contractor shall use video recording to document existing conditions of the bottom of the tank and surrounding surfaces.

3. All cleaning compounds must be EPA, FDA and NFS approved. The use of cleaning materials containing chlorine such as beach solutions or any other hazardous material is not allowed to the significant risk posed to workers. The Contractor shall use environmentally preferred products whenever available.

4. The COR shall designate an area as an appropriate discharge point for water, sediment and other waste materials collected. All waste materials removed from the tans shall be disposed of in accordance with all applicable federal, state and local requirements including any de-chlorination requirements.

B. Tank Inspection – The Contractor shall document any physical defects such as, but not limited to, water leaks, cracking, corrosion, foundation settlement, condition of the coating inside and outside of the tank, and defective welds or other defects that should be patched.

1. The Contractor shall adhere to all Confined Space requirements and provide a safe environment in accordance with the sections on Confined Space Procedures, OSHA and other applicable safety requirements.

2. The Contractor shall isolate all water storage tanks from the distribution system without causing an adverse loss in pressure in the distribution system. If pressure is lost in the distribution system, the Contractor shall immediately notify the COR.

3. The Contractor has the option to utilize a commercial diving team to conduct tank inspections. Tanks that are not inspected by a commercial diving contractor shall be drained in accordance with ADEQ and ADWR standards.

4. The Contractor shall immediately notify the COR of any leaks detected during inspection of any water storage tank. Authorization from the Contracting Officer (CO) is required prior to any maintenance or repair initiated by the Contractor.

3.02 EQUIPMENT

A. The Contractor shall supply all of the necessary vehicles, equipment, materials and personnel for work as defined.

B. The staging of equipment and supplies will be accomplished in such a manner as to allow safe movement of personnel.

C. The Contractor shall at all times keep debris, equipment and accumulation of waste materials within the staging areas.

D. Cleaning of equipment shall not be conducted in any lakes, streams or rivers nor shall resultant cleaning runoff, paint cans, lids, brushes or other debris be allowed to enter drainages or watersheds.

3.03 MINOR MAINTENANCE

A. It is unknown if there are any leaks in the tank interior walls or floor. If holes are found, the Contractor shall immediately notify the COR. Authorization of the CO is required prior to any kind of maintenance or repair initiated by the Contractor.

B. The Contractor shall patch with a circular piece of steel plate, compatible with the existing steel, one-fourth inch and 5/16 inches thick, by 8 to 10 inches in diameter along the curved walls and the middle band, respectively.

C. The patch plate must be circular and shaped to fit snugly to the tank surface. The plate(s) shall be shop cut or if field cut, the cut shall be at right angles to the plate surface (visual inspection) and ground smooth.

D. Grind existing welds, if necessary, so the patch plate fits snugly against the tank wall.

E. Blast clean the area to be patched in accordance with SSPC-SP6, Commercial Blast Cleaning, prior to welding the patch.

F. Blast clean the plate(s).

G. Weld the patch with a 1/4-inch fillet weld all around. Welding shall be done by AWS certified welders. A copy of their certification must be given and approved by the COR prior to doing any welding.

H. After blast cleaning and welding, the Contractor shall patch any pitted or rough surface areas of the tank interior with an epoxy filler.

3.04 COMPETENT PERSON

A. A competent person must be on site at all times as defined by 29 CFR 1926.62(b).

SECTION 4 - PROJECT ADMINISTRATION AND COORDINATION

4.01 ADMINISTRATION

A. Site Examination. Project site must be examined before submitting a bid proposal.

B. Kick-off Meeting. Upon receipt of a written Notice to Proceed from the Prescott Forest Service, Contractor shall conduct a kick-off meeting with the Forest Service to review the scope of the project, develop a project schedule, and confirm deliverables.

SECTION 5 - ADDITIONAL SERVICES & BID ITEMS

5.01 ADDITIONAL SERVICES

A. Contractor is encouraged in its proposals to identify any additional work that is not specified in this Scope of Work that would be, in its opinion, necessary to complete the project as defined herein.

B. Contractor may propose additional services that in its opinion will improve the efficiency and quality of the project. If identified, the additional work or services must be included in the proposal but separated out in the Contractors Fee Schedule.

SECTION 3 FAR CLAUSES AND PROVISIONS

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

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

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

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

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

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

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

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

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

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

(End of clause)

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

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to

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

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

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

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

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

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

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

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

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

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

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

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

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

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

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

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

Officer; and

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

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

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

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

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 5 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

The maximum workweek shall be: Due to neighboring residential areas, perform construction during normal waking hours from 7:00am to 6:00pm Monday through Friday. Hours for weekend shall be 8:00am to 5:00 p.m. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - Contract Administration Data

Government Furnished Items:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

EXHIBIT 1 U.S. DEPT. OF LABOR, DAVIS-BACON WAGE DETERMINATION

# AZ2020034 Building Yavapai

EXHIBIT 2 USDA BIOPREFERRED PROGRAM

EXHIBIT 1 WAGE DETERMINATION NO. AZ

General Decision Number: AZ20200034 01/31/2020

Superseded General Decision Number: AZ20190034

State: Arizona

Construction Type: Building

County: Yavapai County in Arizona.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 01/31/2020

* ELEC0640-009 01/01/2020

Rates Fringes

ELECTRICIAN......................$ 30.00 11.05

ENGI0428-014 07/01/2019

Rates Fringes

POWER EQUIPMENT OPERATOR

(1) Oiler...................$ 25.94 11.04

IRON0075-003 08/01/2019

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 27.80 19.05

Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles - Add $4.00 Zone 3: 100 to 150 miles - Add $5.00 Zone 4: 150 miles & over - Add $6.50

LABO1184-010 06/01/2019

Rates Fringes

LABORER (MASON TENDER-BRICK).....$ 20.88 5.71

PLAS0394-001 07/01/2019

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 25.08 8.57

PLUM0469-001 07/01/2016

Rates Fringes

PLUMBER/PIPEFITTER...............$ 34.45 17.00

SFAZ0669-001 04/01/2019

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 34.25 22.91

SHEE0359-002 07/01/2019

Rates Fringes

SHEET METAL WORKER: (HVAC

Duct Installation Only) Zone 1......................$ 36.15 18.69

SUAZ2012-023 05/30/2012

Rates Fringes

BRICKLAYER.......................$ 21.63 0.00

CARPENTER........................$ 21.98 0.00

IRONWORKER, ORNAMENTAL...........$ 18.43 0.00

IRONWORKER, REINFORCING..........$ 14.11 0.00

LABORER: Common or General......$ 15.56 1.95

LABORER: Irrigation.............$ 12.26 0.47

LABORER: Mason Tender - Cement/Concrete..................$ 15.51 2.90

LABORER: Pipelayer..............$ 15.14 0.88

LABORER: Power Tool Operator....$ 14.85 4.20

MASON - STONE....................$ 18.25 0.95

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 18.96 2.43

OPERATOR: Bulldozer.............$ 20.54 6.31

OPERATOR: Crane.................$ 24.62 5.27

OPERATOR: Drill Rig Caissons....$ 19.06 2.39

OPERATOR: Drill.................$ 19.16 0.00

OPERATOR: Forklift..............$ 18.39 0.00

OPERATOR: Grader/Blade..........$ 21.39 4.26

OPERATOR: Loader (Front End)....$ 18.14 1.02

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 21.00 3.77

OPERATOR: Roller................$ 20.53 0.00

OPERATOR: Scraper...............$ 21.41 0.00

OPERATOR: Screed................$ 22.17 4.42

OPERATOR: Trencher..............$ 16.24 1.34

PAINTER: Brush, Roller and Spray............................$ 17.33 1.25

ROOFER, Includes Waterproofing, and Installation of Metal Roofs......$ 16.31 1.49

SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 18.45 2.56

TILE FINISHER....................$ 12.50 0.00

TILE SETTER......................$ 15.54 0.84

TRUCK DRIVER: Dump Trucks.......$ 16.90 0.00

TRUCK DRIVER: Water Truck.......$ 15.81 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

EXHIBIT 2

PART IV– REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL --NAICS Code 237110 --Size Standard $39.5 Million

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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $39.5 Million.

(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 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.

(c)

(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 Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(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 Veterans' 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…