129AC718Q0061.pdf

129AC718Q0061

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

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

08/03/2018 921457

1 25

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

USDA FOREST SERVICE 6. DELIVERY BY (Date)

30 Days After Notice to Proceed

USDA FOREST SERVICE

SIERRA CASCADE ACQUISITION GROUP

2550 RIVERSIDE DRIVE

SUSANVILLE

CA 96130

530 226-2408SANDRA VINCENT

08/20/2018 1200 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Bogard Engine Bay Roof Installation Lassen National Forest Construction magnitude disclosure: The price range for this project is between $25,000 and $100,000 for all items.

SCHEDULED SITE VISIT AUGUST 9: SEE SECTION L

Quoter DUNS:_____________________________

Quoter Email:____________________________ Period of Performance: 09/01/2018 to 10/31/2018

Bogard Engine Bay Roof Installation 1 LS $_________________

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)

B - Supplies or Services/Prices Use Standard Form 18 to provide price quotes Full Text Clauses

C - Description/Specifications Full Text Clauses Clauses Incorporated by Reference Statement of Work

D - Packaging and Marking There are no clauses in this section

E - Inspection and Acceptance Clauses Incorporated by Reference

F - Deliveries or Performance Clauses Incorporated by Reference Full Text Clauses

G - Contract Administration Data Administration

H - Special Contract Requirements Full Text Clauses Additional Requirements

I - Contract Clauses Clauses Incorporated by Reference Full Text Clauses

J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders Provisions Incorporated by Reference Full Text Provisions

L - Instructions,Conditions, and Notices to Bidders Full Text Provisions Instructions for Submitting Quotes

M - Evaluation Factors for Award Evaluation Factors

B - Supplies or Services/Prices

Use Standard Form 18 to provide price quotes.

Full Text Clauses

52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the contract period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

Note Regarding Bond Premiums

Payment for bond premiums or alternative payment protection, when required, shall not be in addition to the contract price, but should be included in the lump sum contract item or under Mobilization when possible. Payment will be made on actual work performed unless otherwise noted.

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C - Description/Specifications

Full Text 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/these address(es): FAR:

https://www.acquisition.gov/far; AGAR: http://www.dm.usda.gov/procurement/policy/agar.htm

(End of clause)

The above clause applies to all clauses and provisions incorporated by reference.

Clauses Incorporated by Reference

452.211-72 Statement of Work/Specifications. (FEB 1988)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

Statement of Work

C.1 SCOPE OF WORK

The project requires the furnishing of labor, equipment, transportation, supplies, and materials to install a metal panel roof onto the Bogard Engine Bay building on top of the current roof. The existing roof is a panel metal roof with a three-quarter-inch layer of foam coated on top so longer fasteners will be required.

The foam is coated with a thin layer of silicone and has areas where the foam has sluffed off. The roof is approximately 6,500 square feet at roughly a 4/12 pitch with metal panel overhangs over the front and back of the building that extend about 4.5 feet out and run 125 feet along the length of the building. The overhang on the back side of the building does not have foam on top. There are 10 translucent panels that serve as skylights for the building.

The roof shall be installed with flashing, and sealed tight so that there are no leaks (i.e. around vents and skylights). The skylight panels will need to be removed and replaced with new ones that will fit with the new metal roof panels. The rake edges shall be removed and new ones matching the existing color shall installed. Remove one unused vent pipe and vent cap located close to the center of the building.

C.2 PROJECT LOCATION

This project is located at:

Bogard Work Center 622-275 Hwy 44 Susanville, CA 96130

Directions: From Susanville, head west on Hwy36 and turn right onto Hwy 44. The Bogard Work Center is located approximately 29 mi from Susanville.

Approximate GPS coordinates: 40.5890556°, -121.0891317°

C.3 CONTRACT TIME AND WORK HOURS RESTRICTION

The contract time is 30 calendar days after effective date of the Notice to Proceed; however, ordering of approved materials may occur before the issuance of the Notice to Proceed (and thus before the start of contact time).

The anticipated start work date (start of contract time) is early September 2018.

Operations shall be scheduled so that work is completed between the hours of 8 a.m. and 5 p.m. Monday through Friday, except on Federal Holidays. Permission to work an alternate schedule or hours outside those designated may be requested from the Contracting Officer.

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C.4 DAVIS BACON WAGE RATES

The Contractor shall abide by Wage Determination Number: CA180009 07/27/2018 CA9 for Lassen County unless an exception applies.

C.5 SUBMITTALS/ APPROVALS

A. Scope: Submittals include design computations, shop drawings, manufacturers' literature, as-built drawings, samples, and maintenance manuals.

B. Requirements: Allow at least 5 working days for review. Submittals shall be delivered to the Contracting Officers Representative (COR) at the Lassen National Forest Headquarters Office, 2550 Riverside Drive, Susanville, CA 96130.

a. Manufacturer's Literature: Submit 3 copies of the manufacturer's descriptive data for units to be used on this project.

b. Installation Instructions: Submit 3 copies of the manufacturer's installation instructions for the units to be used on this project.

c. Operating and Maintenance Instructions: Submit 3 copies of the manufacturer's operating and maintenance instructions for the units to be used on this project.

C. Identification of Submittals: Completely identify each submittal by showing at least the following information:

1. Name and address of submitter, plus name and telephone number of the individual to contact for further information.

2. Name of project as it appears in these specifications.

3. Contract number, drawing number, and specification section number to which the submittal applies.

4. Whether this is an original submittal or resubmittal.

5. Each item shall clearly note the manufacturer's name and address, trade name, product, lot, style, color, catalog designation or model number, and locations of use.

D. Approvals: Approval of the submittals is an indication that the Contractor's submittals have been reviewed and that there are no objections, except as noted. Approval of deviations shall apply only to those deviations or omissions from the requirements of the drawings and specifications brought to the Contracting Officer's attention in writing. After approval of an item, submit a substitute for approval when the approved item cannot be purchased or delivered in time to avoid delay in completion of the project.

C.6 APPLICABLE SPECIFICATIONS

A. Referenced Specifications/Standards with Abbreviations and/or Acronyms: Wherever the following acronyms are used, they are to be construed the same as the respective expressions represented. Copies of the referenced specifications/standards referred to herein may be procured by the Contractor, from the following:

ANSI

American National Standards Institute 1899 L Street, NW, 11th Floor Washington, DC 20036

ASTM

American Society for Testing and Materials/ ASTM International 100 Barr Harbor Drive, PO Box C700 West Conshohocken, PA, 19428

ASTM E 1980 Standard Practice for Calculating

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Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces

EPA

Environmental Protection Agency 401 M St., SW Washington, DC 20460

FM

Factory Mutual 1151 Boston-Providence Turnpike, P.O. Box 9102 Norwood, MA 02062

MCA

Metal Construction Association 8735 W. Higgins Rd., Suite 300 Chicago IL 60631 MCA "Guide Specification for Residential Metal Roofing"

NECA

National Electrical Contractors Association 3 Bethesda Metro Ctr., Suite 1100 Bethesda, MD 20814 NECA Standard of Installation

NEMA

National Electrical Manufacturers Association 2101 L Street, N.W., Suite 300 Washington, DC 20037

NFPA

National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 NFPA 49-94 Hazardous Chemicals Data NFPA 54-92 National Fuel Gas Code NFPA 70-96 National Electrical Code NFPA 72-93 National Fire Alarm Code NFPA 101-94 Code for Safety to Life from Fire in

Buildings and Structures

NFPA 325-94 Guide to Fire Hazard Properties of Flammable Liquids, Gases, and Volatile

Solids NFPA 495-92 Explosive Materials Code NFPA 704-90 Standard System for the Identification of the Fire Hazards of Materials

NRCA

National Roofing Contractors Association 10255 W. Higgins Road, Suite 600 Rosemont, IL 60018-5607

OSHA

Occupational Safety and Health Administration US Department of Labor 200 Constitution Ave., NW Washington DC 20210 OSHA 2207-91 Construction Industry

SPRI Single Ply Roofing Institute 465 Waverley Oaks Road, Suite 421

Bogard Engine Bay Roof Installation Page 5 of 25

Waltham, MA 02452

B. Referenced Codes with Abbreviations and Acronyms: Wherever the following acronyms are used in these specifications or on the drawings, they are to be construed the same as the respective expressions represented. Copies of the referenced codes referred to may be procured by the Contractor from the following:

LSC

Life Safety Code National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269

NEC

National Electrical Code National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269

NESC

National Electrical Safety Code (ANSI) American National Standards Institute 1430 Broadway New York, NY 10018

NFGC

National Fuel Gas Code American Gas Association 8501 East Pleasant Valley Road Cleveland, OH 44131

IBC

International Building Code International Code Council (ICC) 500 New Jersey Avenue, NW 6th Floor, Washington, DC 20001

UBC

Uniform Building Code International Conference of Building Officials 5360 South Workman Mill Road Whittier, CA 90601

UCBC

Uniform Code for Building Conservation International Conference of Building Officials 5360 South Workman Mill Road Whittier, CA 90601

UMC

Uniform Mechanical Code International Association of Plumbing and Mechanical Officials 5032 Alhambra Avenue Los Angeles, CA 90032 3490

C.7 QUALITY ASSURANCE

A. Codes and Standards: The work shall comply with codes and standards applicable to each type of work and as listed in the individual sections of these specifications. This Contract incorporates materials, applications, and tests by reference, with the same force and effect as when they were given in full text.

Bogard Engine Bay Roof Installation Page 6 of 25

B. Conflict: Where a conflict occurs between reference documents and project specifications, the project specifications shall govern.

C. Measurements: Where approved manufacturer's diagrams and shop drawings give specific measurements or rough-in dimensions for equipment, these dimensions shall take precedence over dimensions indicated on the drawings.

D. Equipment: Prior to ordering equipment, verify dimensions and functions of equipment proposed for use including the electrical service requirements. Be certain the equipment is compatible with the structural and architectural features of the work, avoids conflicts with equipment of other crafts, and that it will fit in the space provided.

C.8 DELIVERY, STORAGE, AND HANDLING

A. Delivery: Protect products incorporated into the work from damage while in transit to the site.

Products must be delivered in original unopened containers with manufacturer's name, brand designation, and contents legibly indicated.

B. Storage: Provide temporary storage facilities for products. Storage shall comply with the manufacturer's instructions. The storage area shall permit access for inspection and handling.

C. Handling: Load and unload products protecting them from damage.

C.9 PROJECT/SITE CONDITIONS

A. Site Conditions:

1. This site has water and electrical power available. Cellular phone service limited.

B. Climatic Conditions and Construction Season:

1. The elevation at the site is approximately 5,702 feet located in the pine forests of Northeast California.

2. Construction activities in this area are typically year round. The actual start date will be determined at the time of Contract Award and Pre-Work Conference.

C. Environmental Considerations:

1. Fuel or oil spills occurring in soil during the work of this project shall be excavated to a depth of 12 inches beyond contaminated material and removed from the work site. Prescribed measures to prevent water pollution to nearby water resources shall be strictly observed.

2. The Contractor shall clean-up litter and discarded material each day during construction. All construction debris and trash shall be deposited into trash receptacles while on the jobsite then removed from the jobsite and disposed of at an approved landfill.

3. Items or debris not designated as salvage for the Government shall become the property of the Contractor. Disposal of materials in a legal manner and payment of fees required is the Contractor's responsibility. Sale of material onsite is not allowed unless authorized in writing by the Contracting Officer. When hazardous materials are encountered during demolition operations, comply with applicable federal, state, and local regulations, laws, and ordinances concerning removal, handling, and protection against exposure or environmental pollution. Burning of removed materials is not permitted on the work site.

D. Material Stockpile /Storage and Equipment Staging:

1. Adequate space exists at the project site for parking vehicles, equipment, and stockpiling materials. Final locations will be field-approved by the COR.

2. Contractor shall operate and park vehicles and equipment within existing roadways and parking areas.

C.10 SEQUENCING AND SCHEDULING

A. Work Schedule: The schedule shall be submitted at the pre¿work conference. When requested, submit an updated schedule within 3 calendar days. As a minimum, the estimated start and completion dates shall be shown in the estimate.

B. Pre Work Conference:

a. Will be held prior to the start of work. The Contractor will be notified in advance of meeting time, date and place. The purpose will be to review required work, project drawings and specifications, Bogard Engine Bay Roof Installation Page 7 of 25 construction schedules, payroll and payments, and administrative provisions of the Contract.

b. The Contractor, subcontractors and the persons responsible for coordination of the work shall be present at the meeting.

c. Be prepared to summarize and explain procedures planned for the project and present the submittals requested in the specifications.

C. Progress Meetings:

a. To be held at the project site, or as determined by the Contracting Officer.

b. May be called by either the Contracting Officer or the Contractor. Request shall state who should attend and include an agenda.

D. Final Inspection:

a. To be held at the project site, or as determined by the Contracting Officer.

b. Notify the Contracting Officer in writing at least 5 working days before the completion date so the

Government can schedule final inspection.

c. The superintendent shall be present during this inspection.

C.11 BIOBASED MATERIALS

While biobased materials are not necessarily expected to be furnished during the performance of this contract, the Contractor is encouraged to recommend to the Government the use of any biobased materials that are appropriate for the requirement, presently and reasonably obtainable, and known by the Contractor be technically acceptable alternatives to non-biobased industry standard products.

D - Packaging and Marking

There are no clauses in this section.

E - Inspection and Acceptance

Clauses Incorporated by Reference

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (AUG 1996)

F - Deliveries or Performance

Clauses Incorporated by Reference

52.242-14 Suspension of Work. (APR 1984)

Full Text Clauses

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

G - Contract Administration Data

Administration

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POST-AWARD CONFERENCE

A post award conference with the successful quoter may be scheduled and held at a location mutually agreed upon between the Government and the awarded Contractor prior to start of work.

INVOICE PROCESSING PLATFORM (IPP)

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for service 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.

Vendors new to IPP register at https://www.ipp.gov/vendors/enrollment-vendors.htm.

CONTRACTOR SUBMITTALS

When applicable, the Contractor may provide submittals to the Contracting Officer's Representative (COR) or Contracting Officer anytime after award. Once submittals are approved in writing by the Government, the Contractor may order approved supplies.

SUBMISSION OF INVOICE DOCUMENTS AND PAYROLLS

Submittal of payment certification via attachment in IPP is recommended, but may also be delivered to the COR in a manner agreeable to both parties. The Contractor shall submit payrolls to the COR via email or as otherwise agreed between both parties. It is not recommended that payrolls be uploaded to IPP due to potentially sensitive information contained therein.

H - Special Contract Requirements

Full Text Clauses

452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

(End of clause)

Additional Requirements

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.

SUPERINTENDENCE BY CONTRACTOR

The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation

Bogard Engine Bay Roof Installation Page 9 of 25 https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run.

I - Contract Clauses

Clauses Incorporated by Reference

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)

52.222-6 Construction Wage Rate Requirements. (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-20 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)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

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

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

(SEP 2013)

52.223-6 Drug-Free Workplace. (MAY 2001)

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

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

(MAY 2008)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

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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)

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

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

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

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

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. (NOV 2017)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

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

52.253-1 Computer Generated Forms. (JAN 1991)

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-76 Samples and Certificates. (FEB 1988)

Full Text Clauses

Bogard Engine Bay Roof Installation Page 11 of 25

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

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

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(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238160 assigned to contract number _____________________________________. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

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.

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-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which 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:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

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(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 or Balance of Payments Program.

(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 ________ ________ ________

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Item 2:

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)

52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: A payment bond, or an irrevocable letter or credit (ILC), but ONLY if contract amount exceeds $35,000.00.

(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 15 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.

(End of clause)

J - List of Documents, Exhibits and Other Attachments

List of Documents, Exhibits, and Other Attachments

Attachment Number Title Number of

Pages 1 Project Vicinity Map 1 2 074113 - Metal Roof Panels 2 3 076200 - Sheet Metal Flashing and Trim 2 4 Wage Determination CA180009 48

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K - Representations, Certifications, and Other Statements of Bidders

Provisions Incorporated by Reference

52.223-1 Biobased Product Certification. (MAY 2012)

52.223-4 Recovered Material Certification. (MAY 2008)

Full Text Provisions

52.204-8 Annual Representations and Certifications. (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $15.0 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.

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(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 provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the

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(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(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.

(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.

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[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.

[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

[ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[ ] (vii) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause No. Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

L - Instructions,Conditions, and Notices to Bidders

Full Text Provisions

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

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