RFQ_Underwood_Mtn_Chipseal_129AC718Q0042_Final.pdf
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- Underwood Road Patching & Chip Sealing
- Solicitation number
- 129AC718Q0042
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Solicitation If quote exceeds $150,000 a bid and performance bond will be required.
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| 1._Project_Specs_FSSS_Underwood.pdf | ||
| 4._CA9,_mod_7,_04062018.pdf | ||
| 3._Underwood_PAL_Fire_Plan.pdf | ||
| 2._Underwood_paving_maps_final.pdf |
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Text version
129AC718Q0042
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
04/10/2018 901535
1 2
R5 NO-CAL ACQ SERVICE AREA NCASA
3644 AVTECH PARKWAY SUITE 180
REDDING CA 96002
USDA FOREST SERVICE
08/17/2018
KATHERINE E PASINI
NORTHERN CA ACQUISITION SERVICE ARE
3644 AVTECH PARKWAY
REDDING
CA 96002
530 226-2446KATHERINE PASINI
05/30/2018 1300 PD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
UNDERWOOD ROAD PATCHING AND CHIP SEAL
SHASTA-TRINITY NATIONAL FOREST
NAICS: 237310
Size Standard: $36.5 M Set Aside: 100% HubZone
Government Range: $100,000 - $250,000
DUNS_____________________________________________
EMAIL____________________________________________
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 2
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
129AC718Q0042
001 Underwood Road Patching and Chip Seal
Shasta-Trinity National Forest
Delivery: 08/17/2018
AAP#449898
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
CONSTRUCTION RFQ
Underwood Mtn Road 5N60 Asphalt Patching & Chipseal 129AC718Q0042 Shasta-Trinity National Forest Page 3 of 25
Table of Contents
PART I: THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Project Scope
C-2 Project Location
C-3 Specifications Applicable To This Individual Project
C-4 Products Samples And/Or Submittals
SECTION D—GOVERNMENT FURNISHED PROPERTY
D-1 Government-Furnished Property (AGAR 452.245-70) (FEB 1988)
SECTION E--INSPECTION AND ACCEPTANCE
E-1 FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)
SECTION F--DELIVERIES OR PERFORMANCE
F-1 FAR 52.242-14 Suspension of Work (APR 1984)
F-2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 Post-Award Conference
G-2 Invoice Submission Procedures
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 Prosecution of Work – Work Hour Limits – Work Item Limits
H-2 Project Access and Road Closure
H-3 Storage and Stockpiling Of Materials
H-4 Worker’s Compensation Insurance
H-5 Contractor License Requirements
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
I-2 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
I-3 FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)
I-4 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)
I-5 FAR 52.225-9 Buy American - Construction Materials (MAY 2014)
I-6 Alternate Payment Protections (Jul 2000) **Applicable When Contract Exceeds $35,000.00** 15
I-7 FAR 52.228-1 Bid Guarantee (SEP 1996)
I-8 FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)
Shasta-Trinity National Forest Page 4 of 25
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
K-1 FAR 52.204-8 Annual Representations and Certifications (JAN 2017)
K-2 FAR 52.219-28 Post Award Small Business Program Rerepresentation (JUL 2013)
K-3 FAR 52.223-1 Biobased Product Certification (MAY 2012)
K-4 AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS
L-1 FAR 52.216-1 Type of Contract (APR 1984)
L-2 FAR 52.236-27 Site Visit (Construction) (FEB 1995)
L-3 FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (MAY 2014)
L-4 AGAR 452.204-70 Inquiries (FEB 1988)
L-5 Instructions to Quoters
L-6 Electronic Submissions
SECTION M--EVALUATION FACTORS FOR AWARD
M-1 Evaluation of Quotes
Shasta-Trinity National Forest Page 5 of 25
PART I: THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS
Underwood Mountain Road 5N60 – Patching and Chipseal Shasta-Trinity National Forest
B.1 NOTE:
Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151(01) Mobilization.
Payment will be made on actual work performed as described in FP-03 109. All units are measured as Actual Quantity unless denoted by an asterisk (*). If denoted by an asterisk, the quantity is measured as a Contract Quantity in accordance with FP-03.
ITEM # DESCRIPTION METHOD UNIT ESTIMATED
QUANTITY UNIT RATE TOTAL PRICE
151(01) Mobilization LSQ Job 1 $_________ $_________
403(01)
Hot Asphalt Concrete Pavement, Type PG 64-16, grading B AQ TN 40 $_________ $_________
409(01) Asphalt Surface Treatment 1/2 inch Chips (1st Coat) AQ TN 310 $_________ $_________
409(02) Asphalt Surface Treatment 3/8 inch Chips (2nd Coat) AQ TN 272 $_________ $_________
409(03)
Asphalt Tack Coat, Type CSS-1 @ 0.1 Gal/ SY - Seal Coat, Excluding water AQ TN 7.3 $_________ $_________
409(04)
Asphalt Surface Treatment, 1st Coat - PMCQS-1h Oil @
0.45 Gal/SY, 2nd Coat - PMCQS-1h Oil @ 0.40 Gal/SY AQ TN 62.33 $_________ $_________
635(01) Temporary Traffic Control LSQ EA 1 $_________ $_________
151(01) Mobilization LSQ Job 1 $_________ $_________
403(01)
Hot Asphalt Concrete Pavement, Type PG 64-16, grading B AQ TN 40 $_________ $_________
TOTAL =
Shasta-Trinity National Forest Page 6 of 25
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 Project Scope
Furnish all labor, equipment, and materials to patch and chip seal approximately 1.5 miles of Forest Service Road (FSR) 5N60 (Underwood Mountain Road) from the intersection of 4N48 South Clark Creek Road for 1.5 miles south towards Hyampom. This is an existing chip seal road. The road has potholes that will require asphalt patching. The cost of patching is a separate pay item covered under Item No. 40901.
C-2 Project Location
All project work is located on the South Fork and Trinity River Management Units on the Shasta-Trinity National Forest, Township 4 North, Range 7 East in Trinity County California. Travel west out of Weaverville, CA on Hwy 299 approximately 40 miles. Turn West (left) on CO 417 (Underwood Mtn County Road) and travel 2.7 miles. Continue on FSR 5N60 for approximately 16.5 miles to the start of project location.
C-3 Specifications Applicable To This Individual Project
[X] FHWA Standard Specification 2003 applies [_] FHWA Standard Specification 2003 Metric applies
The attached “List of Specifications” and “Supplemental Specifications” apply. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.
C-4 Products Samples And/Or Submittals
Title
Referenced by Contract clause or Specification No.
Time of Government Approval After Submittal
Traffic Control Plan FP-03 635 10 days Safety Plan FP-03 107 10 days Plan of Operation FP-03 108 10 days Erosion Control Plan FP-03 107 10 days
Shasta-Trinity National Forest Page 7 of 25
SECTION D—GOVERNMENT FURNISHED PROPERTY
D-1 Government-Furnished Property (AGAR 452.245-70) (FEB 1988)
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.
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):
FAR: https://www.acquisition.gov/far AGAR: http://www.dm.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
INCORPORATED BY REFERENCE
FAR 52.246-1 Contractor Inspection Requirements (APR 1984) FAR 52.246-12 Inspection of Construction (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
INCORPORATED BY REFERENCE
F-1 FAR 52.242-14 Suspension of Work (APR 1984)
F-2 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 fourteen 14 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 August 17, 2018. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 2, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
Property/Facilities/Services Availability Location Availability Time N/A N/A N/A https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html http://acquisition.gov/far/current/html/52_246.html#wp1118709 https://acquisition.gov/far/current/html/52_246.html#wp1118901
Shasta-Trinity National Forest Page 8 of 25
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 Post-Award Conference
A post award conference with the successful offeror may be scheduled within 15 calendar days after the date of contract award and held at a location mutually agreed upon between the Contracting Officer and the awarded contractor prior to start of work.
G-2 Invoice Submission Procedures
The "Submit Invoice-to" address for invoices on USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for work performed under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.
Department of Treasury and additional information is available at this website:
https://www.ipp.gov/index.htm.
After award of a contract, please make sure your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account, there is no pre-award registration. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is current in the System for Award Management (SAM) account for your company (www.sam.gov). Recent update(s) to a SAM registration need time to process from a “Pending” to in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the POC identified in the SAM account. For assistance with questions on the IPP enrollment process, creating invoices, or uploading attachments to IPP please contact the IPP help desk phone number is 1-866-973-3131.
Invoices in IPP are the official request for payment. Supporting information is required for all construction progress payments and shall be attached to the IPP invoice.
• The payment certification required in FAR 52.232-5 Payments under Fixed-Price Construction Contracts must be signed and submitted for each progress payment requested,
• A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.
Additionally, the government will verify the contractor’s compliance with the submission of certified payrolls for the invoiced timeframe as required in FAR Clause 52.222-8 Payrolls and Basic Records.
The Contractor shall submit payrolls weekly for each week in which any contract work is performed by the prime or any subcontractors. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information required in the contract clause (form WH-347 is an optional form compliant with the requirement and is available for download at www.dol.gov). State or County government forms lack the specific certification requirement and are not acceptable without supplementation of the certification statement.
Invoices not complying with contract requirements will be rejected.
https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/ http://www.dol.gov/
Shasta-Trinity National Forest Page 9 of 25
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 Prosecution of Work – Work Hour Limits – Work Item Limits
Construction activity may be performed Monday through Friday and shall be limited to the hours between 7:00 a.m. and 6:00 p.m., unless other hours are approved in writing by the COR. No work will be allowed on Federal Holidays unless approved by CO in writing.
H-2 Project Access and Road Closure
This project road may be closed to traffic during construction for no more than 4 hours before allowing traffic to pass. The Contractor will give the Government 14 days’ notice before closing the road. This time is needed to issue a press release concerning the road closure. Preparatory work or after chip sealing work will require the road to be closed for no more than one hour at a time before allowing traffic to pass. A traffic control plan must be submitted and approved before any work is started.
H-3 Storage and Stockpiling Of Materials
Roadway and suitable areas adjacent to the site may be utilized for temporary stockpiling of materials as approved by the CO.
H-4 Worker’s Compensation Insurance
The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone as an owner/operator is not required to carry the insurance.
H-5 Contractor License Requirements
Installer shall be licensed in the State of California as a General Building Contractor and shall as defined by Business & Professions Code Division 3, Chapter 9. Contractors, Article 4.
Classifications.
Shasta-Trinity National Forest Page 10 of 25
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):
FAR: www.acquisition.gov/far AGAR: https://www.dm.usda.gov/procurement/policy/agar.htm
52.204-7 System for Award Management (OCT 2016) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222-6 Construction Wage Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY
2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 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 (JUL 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-10 Operations and Storage Areas (APR 1984) http://www.acquisition.gov/far https://www.dm.usda.gov/procurement/policy/agar.htm https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1150718 https://acquisition.gov/far/current/html/52_222.html#wp1147505 https://acquisition.gov/far/current/html/52_222.html#wp1147521 https://acquisition.gov/far/current/html/52_222.html#wp1147526 https://acquisition.gov/far/current/html/52_222.html#wp1147541 https://acquisition.gov/far/current/html/52_222.html#wp1147548 https://acquisition.gov/far/current/html/52_222.html#wp1147560 https://acquisition.gov/far/current/html/52_222.html#wp1147565 https://acquisition.gov/far/current/html/52_222.html#wp1147570 https://acquisition.gov/far/current/html/52_222.html#wp1147575 https://acquisition.gov/far/current/html/52_222.html#wp1147649 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1147739 https://acquisition.gov/far/current/html/52_222.html#wp1162802 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://acquisition.gov/far/current/html/52_222.html#wp1163045 https://acquisition.gov/far/current/html/52_223_226.html#wp1168850 https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_227.html#wp1139101 https://acquisition.gov/far/current/html/52_232.html#wp1152507 https://acquisition.gov/far/current/html/52_232.html#wp1152984 https://acquisition.gov/far/current/html/52_232.html#wp1153110 https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_233_240.html#wp1113365 https://acquisition.gov/far/current/html/52_233_240.html#wp1113375 https://acquisition.gov/far/current/html/52_233_240.html#wp1113390 https://acquisition.gov/far/current/html/52_233_240.html#wp1113402 https://acquisition.gov/far/current/html/52_233_240.html#wp1113418
Shasta-Trinity National Forest Page 11 of 25
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) 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) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (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
INCORPORATED BY REFERENCE
452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988)
I-2 FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered are, are as follows:
Goals for minority participation for each trade: 6.6% Goals for female participation for each trade: 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.
Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any https://acquisition.gov/far/current/html/52_233_240.html#wp1113425 https://acquisition.gov/far/current/html/52_233_240.html#wp1113431 https://acquisition.gov/far/current/html/52_233_240.html#wp1113436 https://acquisition.gov/far/current/html/52_233_240.html#wp1113461 https://acquisition.gov/far/current/html/52_233_240.html#wp1113477 https://acquisition.gov/far/current/html/52_233_240.html#wp1113494 https://acquisition.gov/far/current/html/52_233_240.html#wp1113534 https://acquisition.gov/far/current/html/52_241_244.html#wp1129035 https://acquisition.gov/far/current/html/52_241_244.html#wp1129139 https://acquisition.gov/far/current/html/52_246.html#wp1119079 https://acquisition.gov/far/current/html/52_248_253.html#wp1119604 https://acquisition.gov/far/current/html/52_248_253.html#wp1119885 https://acquisition.gov/far/current/html/52_248_253.html#wp1120078 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23672 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23673 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23676
Shasta-Trinity National Forest Page 12 of 25 construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Trinity County, California.
I-3 FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to 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.
I-4 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)
(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
(1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or
(3) At a reasonable price.
(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.
http://www.biopreferred.gov/ http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm
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I-5 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.
“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: _____NONE____
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123
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(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).]
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I-6 Alternate Payment Protections (Jul 2000) **Applicable When Contract Exceeds $35,000.00**
(a) The Contractor shall submit one of the following payment protections:
(1) A payment bond; or
(2) An irrevocable letter of credit (ILC)
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.
I-7 FAR 52.228-1 Bid Guarantee (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
I-8 FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
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(1) The Schedule (excluding the specifications).
(2) Representations and other instructions.
(3) Contract clauses.
(4) Other documents, exhibits, and attachments.
(5) The specifications.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
ATTACHMENT No. PAGES 1 Individual Project Technical Capability Questionnaire 1 2 Project Specifications 32 3 Drawings 3 4 Fire Plan 9 5 Davis Bacon WD, CA9, mod 6, 04/06/2018 53
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PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K-1 FAR 52.204-8 Annual Representations and Certifications (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $36.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and 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;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766
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(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals– Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its
Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its
Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its
Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169193 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151
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(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation.
This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for
EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the…
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