1284M818R0002.pdf
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- High Fork Road Restoration Federal contract opportunity
- Solicitation number
- 1284M818R0002
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Solicitation for High Fork Road Project
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
895367
Becky Rocco
1249 S. Vinnell Way Suite 200 Boise, ID 83709
BECKY ROCCO 208-373-4231
1x 04/04/2018
1284M818R0002
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
High Fork Road Restoration
The magnitude of this construction project is between $100,000 and $250,000
Enter prices in Section B-Price Schedule
All amendments to this solicitation (if any) must be acknowledged.
NOTICE OF OFFEROR(S); Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
Please reference Section L for Instruction to Offerors and Section M for Evaluations
Factors for Award.
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 77 calendar days and complete it within ________________ ________________ calendar days after receiving
05/03/2018
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 30
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1284M818R0002
High Fork Road Restoration
Delivery: 10/31/2018
High Fork Road Restoration
(See Price Schedule for line item breakdown)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
PART I – THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
High Fork Road Restoration Project
Emmett Ranger District Boise National Forest
Valley County, ID
SCHEDULE OF ITEMS
ROAD 601H(R)
ITEM # DESCRIPTION UNIT OF
MEASURE
QTY UNIT
PRICE
TOTAL
PRICE
15101 Mobilization Lump sum 1 $ $
15211* Construction survey & staking, Method II, Tolerance E Mile 0.82 $ $
20103*
Clearing & Grubbing, slash treatment methods for tops, limbs, logs, & stumps Mile 0.82
20104*
Clearing & Grubbing, slash treatment methods for tops, limbs, logs, & stumps Acre 3.98
20301A Removal of culvert, disposal- Method A Each 1 $ $
20401*
Roadway excavation, compaction Method C, Finishing Method A Cubic Yard 3380
20402*
Roadway excavation, Compaction Method C, Finishing Method A Mile 0.82
30322* Roadway reconditioning, Compaction Method A Mile 0.82 $ $
60256A 18” Corrugated steel pipe, 0.064” thickness, Method A Linear Foot 260 $ $
60256B 24” Corrugated steel pipe, 0.064” thickness, Method A Linear Foot 34 $ $
60256C 30” Corrugated steel pipe, 0.064 thickness, Method A Linear Foot 44 $ $
62556* Seeding, Dry Method (with mulch) Acre 0.54 $ $
65001A
Furnish & install road closure device, Type 16’ Heavy Duty Stock Gate Each 1
TOTAL
1284M818R0002 High Fork Road Project
1284M818R0002 High Fork Road Restoration Project
ROAD 601I(R)
ITEM # DESCRIPTION UNIT OF
MEASURE
QTY UNIT
PRICE
TOTAL
PRICE
15101 Mobilization Lump Sum 1 $ $
20103*
Clearing & Grubbing, Slash Treatment Methods for tops, limbs, logs, and stumps Mile 0.70 $ $
20402*
Roadway Excavation, Compaction Method C, Finishing Method A Mile 0.70 $ $
30322* Roadway Reconditioning, Compaction Method A Mile 0.70 $ $
60256A 18” Corrugated Steel Pipe, 0.064” Thickness, Method A Linear Foot 36 $ $
65001A
Furnish & Install Road Closure Device, Type 16’ Heavy Duty Stock Gate Each 1 $ $
TOTAL $
ROAD 606(R)
ITEM # DESCRIPTION UNIT OF
MEASURE
QTY UNIT
PRICE
TOTAL
PRICE
15101 Mobilization Lump Sum 1 $ $
15211* Construction Survey & Staking, Method II, Tolerance E Mile 0.42 $ $
20103*
Clearing & Grubbing, Slash Treatment Methods for tops, limbs, logs, and stumps Mile 4.74 $ $
20104*
Clearing & Grubbing, Slash Treatment Methods for tops, limbs, logs, and stumps Acre 2.23 $ $
20301B Remove & Salvage Stock Gate, Stockpile on site Each 1 $ $
20401*
Roadway Excavation, Compaction Method C, Finishing Method A Cubic Yard 2600 $ $
20402*
Roadway Excavation, Compaction Method C, Finishing Method A Mile 4.74 $ $
20426 Construct Grade Dip Each 9 $ $
30322* Roadway Reconditioning, Compaction Method A Mile 4.74 $ $
32232B*
Screen, haul, & place Aggregate, Grading “Q”, Compaction Method B Cubic Yard 760 $ $
60256A 18” Corrugated Steel Pipe, 0.064” Thickness, Method A Linear Foot 224 $ $
60256B 24” Corrugated Steel Pipe, 0.064” Thickness, Method A Linear Foot 40 $ $
60256D 36” Corrugated Steel Pipe, 0.064” Thickness, Method A Linear Foot 44 $ $
61903
Furnish & Install 16’ x 8’ Cattle guard, w/Precast Concrete Footings Each 1 $ $
62556* Seeding, Dry Method (with mulch) Acre 0.86 $ $
65001A
Furnish & Install Road Closure Device, Type 16’ Heavy Duty Stock Gate Each 1 $ $
65001B
Furnish & Install Road Closure Device, Type 16’ Heavy Duty Stock Gate Each 1 $ $
TOTAL $
ROAD 606F(R)
ITEM # DESCRIPTION UNIT OF
MEASURE
QTY UNIT
PRICE
TOTAL
PRICE
15101 Mobilization Lump Sum 1 $ $
20103*
Clearing & Grubbing, Slash Treatment Methods for tops, limbs, logs, and stumps Mile 1.13 $ $
20402*
Roadway Excavation, Compaction Method C, Finishing Method A Mile 1.13 $ $
30322* Roadway Reconditioning, Compaction Method A Mile 1.13 $ $
60256B 18” Corrugated Steel Pipe, 0.064” Thickness, Method A Linear Foot 40 $ $
TOTAL $
*Item is a Contract Quantity per FP-14, subsection 109.02(b)
***NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price.
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
(End of Clause)
AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
(End of Clause)
SECTION D – PACKAGING AND MARKING
For this Solicitation, there are No clauses in this Section
SECTION E – INSPECTION AND ACCEPTANCE
FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
52.246-13 INSPECTION -- DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS
(AUG 1996)
AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at worksite.
1284M818R0002 High Fork Road Restoration Project Page
SECTION F – DELIVERIES OR PERFORMANCE
52.252-6 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:
http://farsite.hill.af.mil
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
52.242-14 SUSPENSION OF WORK (APR 1984)
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to:
(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,
(b) Prosecute the work diligently, and
(c) Complete the entire work ready for use not later than 77 calendar days. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
FAR 52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,143 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of Clause)
WORK RESTRICTIONS
Work on the project roads is prohibited from May 1 to August 15 to protect the Flammulated Owl http://farsite.hill.af.mil/
SECTION G – CONTRACT ADMINISTRATION DATA
CONTRACT OFFICE
The Regional 4, Intermountain Region Office of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.
Contracting Officer: USDA-FS Attn: Becky Rocco Intermountain Region Office/Boise Office 1249 S. Vinnell Way, Suite 200 Boise, ID 83709
INVOICES
An invoice shall be submitted via the electronic Invoice Processing Platform (IPP) to the Contracting Officer with supporting documentation, including but not limited to certified payrolls, receipts for materials. The information will be the responsibility of the contractor. Failure to provide this information will result in delayed payment.
FAR 452.215-73 POSTAWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: BOISE SO OFFICE.
SECTION H – SPECIAL CONTRACT REQUIREMENTS
AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (FEB 2011)
(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System
(CPARS).
(b) Contact Information. At the Pre-work Meeting, the name and email address of the Contractor Representative will be required.
(c) Assessment. Upon completion of the work associated with the contract/delivery orders (including prior to any renewal options exercised), an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.
STORAGE OF FUEL AN OTHER TOXICANTS WITHING RIPARIAN CONSERVATION AREAS
Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within RCA only at locations approved by the CO.
A Hazardous Spill Plan is required per FSSS 1-7.10 and shall be submitted to the CO for approval prior to beginning construction. A spill containment kit shall be available on site that is of sufficient size to accommodate potential spills from the equipment used during construction.
PUMPS
All pumps used for drafting must be outfitted with a suction screen that has a maximum opening size of 3/32”.
Portable pumps used on the project shall sit in a secondary spill container with sufficient capacity to contain the quantity of fuel in the pump fuel tank.
PART II – CONTRACT CLAUSES
SECTION I – CONTRACT CLAUSES
52.202-1 Definitions (Nov 2013) 52.202-3 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) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price of Fee for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of
Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.215-2 Audit and Records – Negotiation (Oct 2010) 52.215-8 Order of Precedence – Uniform Contract Format (Oct 1997) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Nov 2016) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-4 Contract Work Hours and Safety Standards – 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 Construction Wage Rate Requirements and Related 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 (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 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) 52.223-6 Drug-Free Workplace (May 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
(May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-1 Bid Guarantee (Sep 1996) – 20% 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) 52.228-15 Performance and Payment Bonds--Construction (Oct 2010) 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) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) Alternate I (Dec 1991) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 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) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr1984) 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) 52.244-6 Subcontracts for Commercial Items (Jan 2017) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) 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 (Apr 2012) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of
Improvements) (Apr 2012) 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
452.228-71 Insurance Coverage (Nov 1996) 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) 452.236-73 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)
52.225-9 Buy American–Construction Materials (May 2014)
(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph
(b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison 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).]
PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J – LIST OF ATTACHMENTS
Attachment Description # of Pages #1 Statement of Work 2 #2 FS Supplement Specifications 56 #3 Drawings 26 #4 Fire Precautions 3 #5 Wage Determinations-ID180086 1/5/18 6
*These documents will not be part of any resultant contract.
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html
FAR 52.222-23 AFFIRMATIVE ACTION FOR EQUAL EMPLOYMENT (FEB 1999)
FAR 52.236-28 REPARATION OF PROPOSALS – CONSTRUCTION (OCT 1997)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)
(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $36.5M
(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.
https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html
(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 Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. This provision applies to solicitations that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
AG-84M8-S-1X-0002 High Fork Road Restoration Project
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
___ (i) 52.204-17, Ownership or Control of Offeror.
___ (ii) 52.204-20, Predecessor of Offeror.
___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vii) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
https://www.acquisition.gov/
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of Provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)
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 237310
-- Size Standard $36.5M
(End of provision)
AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)
If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to:
USDA/FS INTERMOUNTAIN REGION.
(End of Provision)
SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):
https://www.acquisition.gov/far www.usda.gov/procurement/policy/agar.html
FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
AGAR 452.204-70 INQUIRIES
CLAUSES IN FULL TEXT
FAR 52.215-1 INSTRUCTION TO OFFERS – COMPETITIVE
FAR 52.216-1 TYPE OF CONTRACT
The Government contemplates award of a FIXED-PRICE contract resulting from this solicitation.
(End of Provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE WORK
(MAY 2014)
(a)
(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)
(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
(End of Provision) https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_220.htm#P63_8740
FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Minority Participation for Each Trade
Goals for Female Participation for Each Trade
4.0 6.9
These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.
Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on
(1) its implementation of the Equal Opportunity clause,
(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and
(3) its efforts to meet the goals.
The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the –
(1) Name, address, and telephone number of the subcontractor;
(2) Employer’s identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Emmett Ranger District/Valley County Idaho.
FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
BECKY ROCCO
SW IDAHO/NEVADA ACQUISITION CENTER
1249 S. VINNELL WAY, SUITE 200
BOISE, ID 83709
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
FAR 236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(b) REFERENCE STATEMENT OF WORK FOR PROJECT LOCATION.
(End of Provision)
AGAR 452.204-70 INQUIRIES (FEB 1988)
Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.
(End of Provision)
452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS
PROPOSALS (SEP 1999)
(a) General Instructions. Proposals submitted in response to this solicitation shall be furnished in the following format with the numbers of copies as specified below.
(1) The proposal must include a technical proposal and business proposal. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated.
(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provided, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.
(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.
(4) Offerors shall submit their proposal(s) in the following format and the quantities specified:
(a) 1 copies of the completed, signed offer (Sections A through K of the solicitation package)
(b) 3 copies of the technical proposal
(c) 1 copies of the business/cost proposal
(b) Technical Proposal Instructions. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the…
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