12905B22Q0054 Ground Leveling Hilo HI.pdf

12905B22Q0054

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

03/31/2022 1057261

1 38

800 BUCHANAN STREET

ALBANY CA 94710

USDA ARS PWA AAO ACQ/PER PROP

45 Days After Notice to Proceed

PWA DANIEL K. INOUYE U.S. PAC BASIN

64 NOWELO STREET

HILO

HI 96720

510 559-6326KENDA TUCKER

04/19/2022 1700 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12905B22Q0054 - Level 8,000 Square Feet Gravel Pad-Hilo, HI

This is a construction requirement leveling of approximately 8,000 Square Feet of the Gravel Research pad to include excavation, fill, leveling and installation of a gravel base for future research structures located at 64 Nowelo Street, Hilo, HI 96720. The Contractor shall provide all labor, equipment, materials, supplies, transportation, and supervision performing all required work in accordance with the plans and specifications for this requirement.

In accordance with Federal Acquisition Regulation Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12905B22Q0054

(FAR) 36.204 the magnitude of this construction project is less than $25,000.

The completion is 45 days after Notice to Proceed.

The requirement is reserved 100% for small businesses under NAICS Code 238910 - Site Preparation Contractors with a size standard of

$16M.

An organized site visit has been scheduled for April 12, 2022, at 9:00AM HST. Masks are anticipated to be optional. Participants will meet at 64 Nowelo Street, Hilo, HI 96720.

Davis Bacon Act WD#: HI20220001, Mod 7 dated March 25, 2022, is applicable to the resulting award.

To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit all questions on the Request for Information (RFI) form, attachment to this RFQ, to

Kenda.Tucker@usda.gov. The subject line of the email must read `RFI - 12905B22Q0054. See Section L.2 for additional RFI requirements.

Deadline for submission of RFIs for this solicitation is close of business April 15, 2022, by 5:00PM PST. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

Deadline for submission of quote is close of business April 19, 2022, by 5PM PST.

Potential Offerors are responsible for monitoring SAM.gov for release of any additional information to include amendments.

All offerors shall be registered with the System for Award Management Registration per FAR Clause 52.204-7 and 52.204-8. No paper copies of the solicitation will be mailed, and telephone requests will not be honored.

Leveling 8000SF Gravel Pad

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12905B22Q0054

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Intentionally blank

RFQ 12905B22Q0054

Level 8,000 Square Feet Gravel Pad-Hilo, HI

CONTINUATION OF SF18

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Level 8,000 Square Foot Gravel Pad

Pacific Basin Agricultural Research Center Hilo, HI

B.1 PRICE SCHEDULE

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(b) Offers are subject to the terms and conditions of this solicitation.

(c) Definitions:

a. CLIN – Contract Line-Item Number.

PRICE SCHEDULE

CLIN Supplies or Service Quantity and Unit of Issue

Unit Price Amount

0001 Leveling 8,000 Square Feet Gravel Pad

For the lump sum of $

TOTAL FOR PRICE SCHEDULE: $_______________

End of Section B

SECTION C – DESCRIPTION/SPECIFICATIONS

1.01 LOCATION

The site of work is located at the USDA, ARS, Pacific Basin Agricultural Research Center (PBARC), 64 Nowelo Street, Hilo, HI 96720.

1.02 PRINCIPAL COMPONENTS OF WORK

Provide all management, supervision, labor, equipment, and tools to excavate, and level specified high areas as shown in the photo (Attachment 2).

1.03 SCOPE OF WORK

Contractor shall excavate, and level specified high areas.

• Contractor shall remove and re-locate the approximately 8,000 SF of 4” base course topcoat from construction area and stockpile for re-installation.

• Contractor shall excavate and level high areas to meet existing grade.

• Contractor shall remove excavated spoils from project site or use to fill specified uneven areas as needed.

• Contractor shall re-install 4” base course gravel topcoat throughout designated area.

o Base shall have a minimum finished thickness of 4” o Base shall be compacted.

o Base material shall be evenly spread per specifications and compacted

• Contractor shall create a transition from existing higher grade to leveled surface.

• Work shall be accomplished in proximity of existing structures and equipment.

• Project boundaries shall be flagged and clearly marked.

• Owner will be responsible for the removal of all equipment to include tents, plantings and waterlines.

1.04 REFERENCES & STANDARDS

All construction shall comply with Unified Facilities Guide Specifications (UFGS), ARS Facilities Design Standards (ARS Manual 242.1, 5-01-12), ARS Energy, Water, and

Sustainability Policy (ARS Policy & Procedures 134.2, 11-12-13), ARS Energy, Water, and Sustainability Policy Bulletin (ARS Policy & Procedures Bulletin 15-134.2), as applicable.

These documents will be provided upon request. Additionally comply with any governing Building Codes, and all applicable local, regional, State, and Federal regulations. Where one or more Codes or regulations conflict, the more stringent shall apply.

1.05 INSTALLATION

Not applicable

1.06 PERMITS

Where governing regulations and imposed codes and standards require notices, permits, licenses, inspections, tests, and similar items or actions in order to lawfully proceed with the required work, the Contractor shall obtain items and take those actions in accordance with the regulations of the governing authority. Special authority may be required for remediation and disposal of ACM, Contractor shall confirm this and obtain this authority. The costs of such permits, licenses, inspections, etc., are the obligation of the Contractor.

1.07 EXISTING INSTALLATIONS/DEMOLITION

Contractor shall modify existing installations as needed to accommodate the new installation.

Where applicable contractor shall coordinate demolition or modification of existing installations with the COR/OGR. All disturbances of existing systems shall be thoroughly coordinated with the COR/OGR to prevent disconnecting equipment that may potentially jeopardize in-progress research

The Government reserves the right to retain any equipment or materials removed as part of this scope of work. The Contractor shall coordinate any equipment or materials to be retained with the COR/OGR prior to starting demolition operations. The Contractor shall legally dispose all equipment or material removed that will not be retained.

The contractor shall divert project waste to recycle where practical. The Contractor shall track and document the amount of waste diverted to recycle. The contractor shall submit diversion documentation as part of closeout. If no waste is diverted to recycle, the contractor shall submit a letter stating so and why diversion was not practical.

1.08 SUBMITTALS

Not applicable.

1.09 QUALITY CONTROL

The work performed under this contract shall be subject to continuous audit by the COR/OGR.

Quality control is the exclusive responsibility of the Contractor.

1.12 PROTECTION OF WORK AND PROPERTY/SAFETY REQUIREMENTS

Contractor shall furnish a Site-Specific Safety Plan (SSSP) or Accident Prevention Plan (APP) upon request, 10 days after contract award. SSSP / APP shall be reviewed by the Government before construction work commences. In addition to the usual components of a safety plan, the plan shall include specific procedures to address mold encountered during the project.

The Contractor shall protect the work, the site, and all existing property and structures within the limits of the construction activities or that may be affected thereby until acceptance of the work.

Any damage to property shall be repaired at the Contractor’s expense, to pre-damaged condition to the satisfaction of the COR.

Safety and health matters, as they relate to the work, are the exclusive responsibility of the Contractor. The Contractor shall furnish, erect, and maintain barricades, warning lights, signs, guards, or take other precautions as may be required by law or local authorities of the protection and security.

Contractor is responsible for verifying location of any underground utility and is responsible for any damaged caused to such utilities.

Should the Contractor require any power or utility shutdowns during construction, the Contractor shall obtain approval for such shutdown from the COR prior to the need.

1.13 TEMPORARY FACILITIES:

Temporary utilities (water and electricity) may be furnished to the Contractor by the Government, if so requested. The Contractor shall maintain and protect all such utilities during the course of construction and shall repair or replace any items damaged through its own negligence.

Should the Contractor require any power or utility shutdowns during construction, the Contractor shall obtain approval for such shutdown from the COR/OGR 21 working days prior to the need.

1.14 MATERIALS AND EQUIPMENT

Material and equipment to be furnished under these contract documents (as applicable) shall be the standard products of manufacturers regularly engaged in the production of such materials and equipment and shall be the manufacturer’s latest standard design.

Government will not furnish any labor or equipment to unload or move materials or supplies.

1.15 SITE CLEANUP

The construction site shall be kept clean and free of debris at all times. Disposal of the old equipment is required. Restore areas disturbed as nearly as possible to the original appearance and condition. Upon completion of the project, and prior to final inspection, the Contractor shall remove from the premises all unused material, trash, and debris resulting from the work to the satisfaction of the COR.

1.16 O&M MANUALS

Not applicable.

1.17 FINAL INSPECTION

The Contractor shall notify the Contracting Officer and COR/OGR, in writing, 10 days prior to the date that the project will be ready for final inspection. An inspection of the project will be made by the Contracting Officer and Contractor at a mutually agreed upon time. COR/OGR and the contractor shall compile a “punch list” prior to final acceptance of the installation and submit completed warranty documentation to manufacturer.

1.18 WARRANTY

As applicable and in accordance with the contract terms and conditions.

1.19 NOTIFICATION AND COMPLIANCE

The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. Should the Contractor fail to remedy any failure, defect, or damage within a reasonable time after receipt of notice thereof, the Government shall have the right to replace or repair and have the cost billed to the Contractor.

1.20 LATENT DEFECTS

The Warranty specified herein shall not limit the Government’s rights with respect to latent defects, gross mistake, or fraud.

End of Section C

SECTION D – PACKAGING AND MARKING

There are no clauses in this section.

End of Section D

SECTION E – INSPECTION AND ACCEPTANCE

Clause Title Date 52.246-12 Inspection of Construction AUG 1996

AGAR 452.246-70 Inspection and Acceptance FEB 1998

(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 will be performed at:

USDA, ARS,

U.S. Pacific Basin Agricultural Research Center 64 Nowelo Street, Hilo, HI 96720

Acceptance will be performed at: See (b) above.

End of Section E

SECTION F – DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work APR 1984

52.211-10 Commencement, Prosecution, and Completion of Work

AUG 1996

The Contractor shall be required to

(a) commence work under this contract within 5 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 45 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

End of Section F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 This contract shall be administered by the USDA/ARS/PBARC 64 Nowelo Street, Hilo, HI 96720.

G.2 POST-AWARD CONFERENCE

(a) Prior to the Contractor starting work, a post-award conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend.

(b) The conference will be held at a time/location to be determined.

(c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the conference, in its offer.

G.3 AUTHORITIES AND DELEGATIONS

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR will be named at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.4 SUBMITTING PAYMENT REQUESTS

Prior to submitting payment request, the contractor needs to obtain COR/OGR and CO signature on form ARS 372 – Contractors Request for Payment Transmittal.

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is:

https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be https://www.ipp.gov/ obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone

(866) 973-3131.

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc.

The final invoice shall be submitted and will be approved in accordance with the payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice”.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

End of Section G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-72 Use of Premises NOV 1996

Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

Unless accepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

AGAR 452.236-75 Maximum Workweek – Construction Schedule NOV 1996

Within 10 (ten) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

A schedule as required by FAR clause 52.236-15, "Schedules for Construction Contracts" and The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work. The maximum workweek that will be approved is 8:00 a.m. to 4:30 p.m., Mon. thru Fri., excluding Federal holidays.

H.1 COVID-19

Wearing of masks is optional. Adhere to 6 ft spacing between individuals.

End of Section H

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acquisition.gov

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items)

JAN 2022

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Representation SEP 2021 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 1998 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts.

SEP 2013

52.223-3 Hazardous Material Identification and Material Safety Data Alt. I (July 1995)

FEB 2021

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

AUG 2018

http://acquisition.gov/

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

JUN 2020

52.227-4 Patent Indemnity—Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.228-11 Individual Surety—Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractors Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JUL 2000 52.228-14 Irrevocable Letter of Credit NOV 2014 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 52.236-2 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 NOV1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction-Alt I FEB1997 52.236-26 Preconstruction Conference FEB 1995 52.243-5 Changes and Changed Conditions JUN 2007 52.244-6 Subcontracts for Commercial Products and

Commercial Services

JAN 2022

52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Termination for Convenience of the Government

(Fixed-Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

The contractor shall report to the environmental point of contact, 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 fiscal year.

• The report must be submitted no later than October 31 of each year during contract performance and at the end of contract performance.

• The environmental point of contact for all USDA Agencies is:

Karen Zhang Karen.Zhang@dm.usda.gov Phone: 202-401-4747

• Biobased reporting shall completed by following the instructions provided in the System for Award Management (SAM).

52.225-9 Buy American – Construction materials NOV 2021

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components ".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners .

(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 product 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 20 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)*

Item1:

Foreign construction material

Domestic construction material

Item2:

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

AGAR 452.288-71 Insurance Coverage NOV 1996

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $1.0 million per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the con contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 425.232-70 Reimbursement for Bond Premiums – Fixed Price

Construction Contracts

NOV 1996

The contract price includes the total amount for premiums that the contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 425.236-71 Prohibition Against the Use of Lead-Based Paint NOV 1996 Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

AGAR 425.236-73 Archaeological or Historic Sites FEB 1988 If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 425.236-74 Control of Erosion, Sedimentation, and Pollution NOV1996 If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 425.236-76 Samples and Certificates FEB 1998 When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

End of Section I

SECTION J – LIST OF ATTACHMENTS

Attachment Title Pages 1 Davis Bacon Act WD#: HI20220001, Mod 7, Dated 3/25/2022 21 2 Picture 1 3 ARS-372 - Contractor's Request for Payment Transmittal 1 4 Request for Information Form 2 5 ARS-371 - Construction Progress and Payment Schedule 2

End of Section J

SECTION K – REPRESENTATIONS AND CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

52.252-1 Provisions Incorporated by Reference FEB 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov

52.204-8 Annual Representations and Certifications JAN 2022

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238910 – Site Preparation Contractors.

(2) The small business size standard is $16.5M.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications 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;

https://www.acquisition.gov/

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services- Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).

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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 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.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (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 in SAM website accessed through https://www.sam.gov. After reviewing the SAM 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…