Construction_RFQ_FAC_2005-94-95_(2017_JAN).pdf

Shoshone National Forest

Solicitation No. 12854419Q0014

Project Name: Wapiti Ranger District Asbestos Remediation

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12854419Q0014

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05/31/2019

PAGE OF PAGES

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

962736

6. PROJECT NO.

7. ISSUED BY CODE 8544 8. ADDRESS OFFER TO

Shoshone NF

808 Meadow Lane

Cody WY 82414

SHOSHONE NATIONAL FOREST

808 MEADOW LANE

CODY WY 82414

9. FOR

INFORMATION

CALL:

a. NAME

SUE

LACROIX

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

307-578-5148

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)

This Requirement is for Asbestos Removal at the Historic Wapiti Ranger Station

11. The Contractor shall begin performance 5 calendar days and complete it within calendar days after receiving x award, notice to proceed. The performance period is x 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.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

YES x NO 12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by

(hour) local time

06/07/2019 (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 .

b. An offer guarantee is, x 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 0 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA FAR(48

CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT 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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

Continued...

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

CODE 8544

27. PAYMENT WILL BE MADE BY

SHOSHONE NATIONAL FOREST

808 MEADOW LANE

CODY WY 82414

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

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,

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. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

12854419Q0014

PAGE OF

3 58

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES (B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

Asbestos Removal Wapiti Flattops

Delivery: 05/22/2019

Delivery Location Code: 8548

USDA FOREST SERVICE

WAPITI RANGER DISTRICT

203A YELLOWSTONE AVENUE

CODY WY 82414-9313 US

FOB: Destination

Asbestos Removal Wapiti Flattops

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

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

0001 Mobilization to include any permits necessary

EA 1 $ $

0002 Asbestos Removal

Building Number 3517

SF 576 $ $

0003 Asbestos Removal

Building Number 3547

SG 567 $ $

TOTAL BID

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Work for this project consists of removal of existing tile flooring containing asbestos in two dwellings at Wapiti

Ranger Station. The structures are constructed on concrete slab foundations.

Work shall include all labor materials, and proper disposal of removed items.

Contractor shall move existing furnishing and return to original location after flooring removal is complete. Air quality clearance testing will be performed by a third party that is certified in Wyoming.

Site preparations as mandated by OSHA – (Occupation Safety and Health Administration) standards shall apply to this requirement. Contractor must be an EPA licensed asbestos abatement contractor.

Contractor must have asbestos specific insurance.

Contractor must have written standard operating procedures and employee protection plans which include specific reference to medical monitoring and respirator training programs.

Contractor must be signed up in the System for Award Management (SAM).

C.1.2 Personnel Protective Equipment

The Contractor shall provide the following protective clothing, equipment, and supplies as necessary for the project:

A. Approved NIOSH and OSHA respirators and protective clothing including head, foot, and full body protection, in sufficient quantities and adequate sizes for all workers (as required).

B. Digital photographic equipment, laboratory sampling bags, and all other incidentals to complete the task (when necessary).

C. Air monitoring equipment (when necessary).

C.1.3 Execution

All work under this contract shall be in accordance with Federal, State and local regulations. The

Contractor shall conduct air sampling (when necessary) for final clearance.

The Contracting Officer will determine when the project has been satisfactorily completed.

The Contractor shall supply all supervision, labor, transportation, materials, operating supplies, air sampling equipment, shipping, laboratory fees, insurance, permit fees, and all other items, incidental or otherwise, necessary for complete performance of the work.

C.1.4 Personnel Training Requirements

The Contractor shall be Wyoming State Certified by the Air Pollution Control District to work with asbestos in construction, repair, renovation, maintenance, demolition, or salvage activities.

Contractor shall provide proof of the above certifications and permit to the Contracting Officer.

The Contractor shall provide copies of all training documents for the designated competent person and each employee assigned to this project required by Federal, State or local authorities.

C.1.5 Use of Premises

A. General: Contractor shall have full use of premises for construction operations, including use of

Project site, during construction period. Contractor's use of premises is limited only by the Government's right to perform work or to retain other contractors on portions of Project.

B. Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and employees. Confine storage of materials to areas as approved by the COR.

C. Preservation of Natural Features:

1. 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.

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

3. Do not remove, injure, or destroy trees or other plants without prior approval.

Consult with COR and remove agreed-on branches that interfere with construction.

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

5. Do not damage remaining exterior or interior features, including logs.

D. The contractor is responsible for repairing any damage resulting from the contractor’s negligence during the term of this contract.

C.1.6 Work Plan and Schedule

The Contractor shall provide a work plan and schedule that demonstrates how the work will be completed and in what time frame at the pre work meeting. No work shall start until the work plan and schedule is approved by the CO.

C.2 PROJECT LOCATION

Wapiti Ranger Station: Wapiti Ranger Station is located off State Highway 14/16/20. From

Cody, Wyoming take State Highway 14/16/20 35 miles west to Wapiti Ranger Station. The project is located in the NE corner of Section 21, Township 52 N, Range 106W. ASLO--Please refer to the attached Maps for directions.

C.3 Camping

There are several campgrounds close to the work sites, standard fees will apply.

C.4 Storage

The COR will approve an area for the contractor to use to store materials and equipment.

Contractor shall retain full responsibility for security of such storage

C.5 PRICE RANGE

The Magnitude of Construction Project is:

less than $25,000

C.6 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.

C.7 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.

C.8 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural

Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal

Environmental, Energy, and Transportation Management,” and the Federal Acquisition

Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Graffiti and grease removers Insulation foam

Concrete and asphalt release fluids Fluid-filled transformers

Wood and concrete sealers Composite panels

Adhesive and mastic removers Carpets

Roof coating Hydraulic fluid

Diesel fuel additives Greases

Dust suppressant 2-cycle engine oil

Absorbents

Biobased products that are designated for preferred procurement under USDA’s

BioPreferred program must meet the required minimum biobased content as stated in the

USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material

In addition to the biobased products designated by the U.S. Department of Agriculture in the

BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements.

The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product

Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

52.242-14 Suspension of Work (APR 1984)

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 5 calendar days after the date the Contractor receives the notice of award, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at the Wapiti Ranger District project location

G.2 GOVERNMENT-FURNISHED PROPERTY

N/A

G.3 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.2 UTILITY SERVICES

Contractor will be able to utilize electricity from Government facility to complete work on this project.

H.3 SAFETY PLAN

1. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

2. The Safety Plan should be available to all employees and subcontractors working on the contract.

3. The Safety Plan should cover at a minimum:

a. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.

b. Personal Protective Equipment required for the work under the contract.

c. Identify appropriate OSHA requirements for the type of work under the contract.

d. Weather considerations for the time of year of the contract.

e. Communication issues and locations of the nearest medical facilities.

f. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

g. Name, position title and point of contact information of company executive responsible for approving the Safety Plan.

h. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.dm.usda.gov/procurement/policy/agar.html

52.203-19 Prohibition of Requiring Certain Internal Confidentiality Agreement or

Statements (JAN 2017)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management Maintenance (OCT 2016)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applicable if contract exceeds $35,000)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (JULY 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-6 Construction Wage Rates 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 (JULY 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 Rates Requirements and Related Regulations (MAY

2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY

2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015) (Applicable if contract exceeds

$10,000)

52.222-26 Equal Opportunity (SEPT 2016) (Applicable if contract exceeds $10,000)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

(Applicable if contract exceeds $10,000)

52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) (Applicable if contract exceeds $15,000)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $35,000)

52.228-5 Insurance—Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $35,000)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $35,000)

52.228-14 Irrevocable Letter of Credit (NOV 2014)(Applicable if contract exceeds $35,000)

52.232-5 Payments under Fixed-Price Construction Contracts (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

(JULY 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

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)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

Alternate 1 (APR 1984)

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

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

(Applicable if contract is over $35,000)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I.2 FAR 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.

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

“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—

(3) 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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 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:

[Contracting Officer to list applicable excepted materials or indicate “none”] http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(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).]

I.3 ORDER OF PRECEDENCE—CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

I.4 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous

Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

http://www.biopreferred.gov/ http://www.sam.gov/

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

SECTION J--LIST OF ATTACHMENTS

Title Pages

1. Supplemental Specifications 2

2. Project Drawings 5

3. DOL Wage Decision No. 6

4. Past and Current Contract Information 1

SECTION 017419

CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

PART 1 – GENERAL

1.1 SUMMARY

A. The work of this section includes clean up and disposal of waste and hazardous waste materials generated or encountered as a result of the work of this contract.

1.2 CLEAN UP

A. The Contractor shall keep the work site free from accumulation of waste materials and rubbish resulting from the work.

B. Before final acceptance of the project by the Government, the Contractor shall remove from Government land and properly dispose of all waste materials and rubbish resulting from this work.

C. If work is stopped or delayed for an extended period of time, the Contractor shall clean up the site as determined by the Contracting Officer.

1.3 DISPOSAL

A. Construction Debris, Trash and Garbage:

1. Construction debris, wood, packaging and other trash shall be hauled to a State approved sanitary landfill. The Contractor shall be responsible for determining the disposal site. Contractor shall not use the Forest Service dumpster for construction trash and debris. All permits and related costs associated with disposal of waste at the sanitary landfill shall be the responsibility of the Contractor.

B. Washing waste material into waterways will not be permitted.

1.4 HAZARDOUS WASTE MATERIALS

A. Storage, Transportation, and Disposal:

1. The Contractor shall remove, within forty-eight (48) hours, all waste materials from the site in compliance with applicable waste requirements.

2. The Contractor shall be responsible for determining whether any of the waste materials are hazardous waste according to the regulations defined in 40 CFR Part 261, "Identification and Listing of Hazardous

Waste." This includes solid waste and wastewater generated from the project.

3. Containers used for shipping and disposal shall be appropriate for the type of waste material and shall comply with all governing regulations.

SECTION 017419-2

CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

4. Hazardous waste shipments must be accompanied by the "Uniform Hazardous

Waste Manifest." The Contractor shall obtain and prepare all manifests. The pick-up manifest will be reviewed and given to the Contracting Officer Representative for signature by an appropriate Government official.

Completed copies of all manifests shall be furnished to the Contracting Officer and shall be submitted in such a manner as to comply with the timeliness prescribed by the State and Environmental Protection Agency regulations.

5. The Contractor shall arrange to have hazardous waste collected and transported to an EPA-approved treatment, storage, and disposal facility (TSD). The Contractor shall obtain from the TSD, an EPA I.D. number.

The disposal facility selected must not have any currently outstanding permit violations that are relevant to the prevention of releases to the environment or involve an active or historic release.

PART 2 – PRODUCTS (NOT APPLICABLE)

PART 3 – EXECUTION (NOT APPLICABLE)

END OF SECTION

Davis Bacon Wage Rates https://www.wdol.gov/wdol/scafiles/davisbacon/WY13.dvb?v=0

General Decision Number: WY190013 01/04/2019 WY13

Superseded General Decision Number: WY20180013

State: Wyoming

Construction Type: Building

County: Park County in Wyoming.

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 $10.60 for calendar year 2019 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 $10.60 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 2019. 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 https://www.wdol.gov/wdol/scafiles/davisbacon/WY13.dvb?v=0

0 01/04/2019

ASBE0028-005 07/01/2018

Rates Fringes

INSULATOR - DUCT (Cold/Hot)...... $ 31.73 14.23

CARP1564-003 06/01/2018

Rates Fringes

CARPENTER (Form Work Only)....... $ 25.25 10.85

IRON0732-016 06/01/2017

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 26.25 19.75

* PAIN0079-004 08/01/2018

Rates Fringes

PAINTER (SPRAY).................. $ 19.65 8.41

PLUM0192-005 01/01/2018

Rates Fringes

PIPEFITTER....................... $ 31.34 17.94

ROOF0229-003 09/23/2017

Rates Fringes

ROOFER (Single Ply Roof Only).... $ 20.54 2.23

SFWY0669-002 04/01/2017

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)...................... $ 32.35 15.84

SUWY2011-010 01/11/2011

Rates Fringes

BRICKLAYER....................... $ 23.76 0.00

CARPENTER (Drywall Finishing/Taping Only).......... $ 16.89 0.00

CARPENTER (Drywall Hanging Only)............................ $ 17.65 0.00

CARPENTER, Excludes Drywall Finishing/Taping, Drywall Hanging, and Form Work........... $ 20.16 0.00

CEMENT MASON/CONCRETE FINISHER...$ 18.10 0.00

ELECTRICIAN...................... $ 23.50 3.20

INSULATOR - PIPE & PIPEWRAPPER...$ 19.57 4.58

IRONWORKER, REINFORCING.......... $ 21.77 4.71

LABORER: Common or General...... $ 12.77 0.00

LABORER: Mason Tender - Brick... $ 13.50 0.00

LABORER: Mason Tender - Cement/Concrete.................. $ 13.00 0.00

LABORER: Landscape and Irrigation....................... $ 10.90 0.00

OPERATOR: Asphalt Paver......... $ 15.41 4.15

OPERATOR: Backhoe............... $ 18.50 4.22

OPERATOR: Bobcat/Skid Steer/Skid Loader................ $18.25 2.75

OPERATOR: Crane................. $ 29.83 4.51

OPERATOR: Excavator............. $ 18.90 5.36

OPERATOR: Forklift.............. $ 17.00 2.74

OPERATOR: Loader (Front End)... $ 17.48 6.00

PAINTER: Brush Only............. $ 17.38 0.00

PAINTER: Roller................. $ 16.07 4.17

PLUMBER.......................... $ 26.46 11.20

Rates Fringes ROOFER, Excluding Single Ply Roof............................ $ 18.75 0.00

SHEET METAL WORKER, Includes HVAC Duct and Unit Installation..................... $ 21.75 2.67

TILE SETTER...................... $ 22.91 0.00

TRUCK DRIVER: Dump Truck........ $ 16.43 1.70

TRUCK DRIVER: Flatbed Truck..... $17.50 2.69

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

PAST PERFORMANCE DATA SHEET

Complete one table for each project.

Project Name

Name of Contracting Activity

Contract Number

Contract Type (fixed price, etc)

Total Contract Value

Completion Date or

Anticipated Completion Date

Contracting Officer

(Name/phone number/email)

Project Manager or

Contracting Officer’s

Representative (COR)

(Name/phone number/email)

Project Description

(Describe in detail what the project was and the skills, abilities, processes you used to complete the project and how relevant)

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

K.1 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 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 562910 *

--Size Standard 750 *

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…