129AC718R0002.pdf
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- Chips Creek Trail Bridge/Trail Federal contract opportunity
- Solicitation number
- 129AC718R0002
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
895862
USDA FOREST SERVICE
R5 NO-CAL ACQ SERVICE AREA NCASA
3644 AVTECH PARKWAY SUITE 180
REDDING CA 96002
9AC7
All proposals and bid guarantees must be submitted electronically to tmarino@fs.fed.us See L.1 Instructions for the Preparation of Technical and Price Proposal on Page 27
TRACY MARINO 530-252-6410
1x 02/22/2018
129AC718R0002
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Chips Creek Trail Bridge
Lassen National Forest
Magnitude of construction for this project: between $250,000 - $500,000
NAICS: 237310
Size Standard: $36.5M
Set Aside: 100% Total Small Business
Bid guarantee is required (see FAR 52.228-1, page 25)
Site visit information can be found on page 26
Offer incorporates all amendments and Q&A's that have been posted on FBO
DUNS:_____________________________________
EMAIL: ___________________________________
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 90 calendar days and complete it within ________________ ________________ calendar days after receiving
03/26/2018
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
USDA FOREST SERVICE
R5 NO-CAL ACQ SERVICE AREA NCASA
2550 RIVERSIDE DRIVE ROOM 174
SUSANVILLE CA 96130
9AC7
KIM A. DELEON
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 30
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
129AC718R0002
Delivery: 90 Days After Notice to Proceed
Delivery Location Code: 9JNE
USDA FOREST SERVICE
SIERRA CASCADE ACQUISITION GROUP
2550 RIVERSIDE DRIVE
SUSANVILLE CA 96130 US
FOB: Destination
001 Chips Creek Trail Bridge, Pacific Crest Trail
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
SECTION B - Prices/Costs Schedule of Items
ITEM NO.* SUPPLIES/SERVICES QUANTITY** UNIT UNIT PRICE AMOUNT
15101 Mobilization/Demobilization 1 LS $____________ $_____________
20801 Structural Excavation 26 CY $____________ $_____________
20803 Structural Backfill 40 CY $____________ $_____________
55201 Structural Concrete, Class A (AE) 22 CY $____________ $_____________
55401 Reinforcing Steel 2000 LB $____________ $_____________
56401 Elastomeric Bearing Devise 4 EA $____________ $_____________
57101 Prefabricated Bridge Superstructure; 1 LS $____________ $_____________ Design, Fabricate, Deliver and Install
60505 Geocomposite Sheet Drain System 12 SY $____________ $_____________
91310 Construct New Trail 620 LF $____________ $_____________
93520 Stacked Rock Retaining Wall 40 SF $____________ $_____________
98100 Decommission/Rehabilitate Existing 26100 SF $____________ $_____________ Trail to be Abandoned, Material Staging Areas, Borrow Area and Streamside Areas at Ford crossing to be Decommissioned
TOTAL $_____________
*Offeror must bid on each ITEM NO. listed to be considered for award **Offers for less than quantities listed may be rejected.
SECTION C - Description/Specifications/Statement of Work
C.1 Scope of Work
This project will design, fabricate, deliver and install a new prefabricated bridge across Chips Creek along the Pacific Crest Trail in the Lassen National Forest. The Pacific Crest Trail route will be modified as part of this project such that in order to approach the new bridge, it will require that approximately 20 feet of new trail tread west of the bridge and approximately 600 feet of new trail tread east of the bridge be constructed, thus relocating the existing trail away from the existing stream ford crossing that will be abandoned. New signs consisting of route markers and manufactured blazers will be installed at the beginning and end of the new trail segment. The existing trail to be abandoned will be rehabilitated as well as approximately 100 feet of stream bank on both sides of the creek at the existing stream ford. It is expected the use of explosives will be required to prepare the bridge footings and access trail. The use of a helicopter to aid in the construction is anticipated. The Contractor shall provide all labor, supervision, transportation, operating supplies and incidentals to perform this project.
C.2 Location of Project
Chips Creek Bridge is located at Township 25N, Range 6E in Section 8; Latitude 40.03237N, Longitude 121.3599W in Plumas County California. Access the site by coming either from Paradise or Butte Meadows to the Humbug Summit Road, Butte Co. Route 91513, then to National Forest System Road 27N17 to the end of road at the intersection of the Pacific Crest Trail near the Poison Springs Campground. Vehicles will be parked at this location and personnel will access the project site via the Pacific Crest Trail from this location. From the intersection of NFS Road 27N17 with the Pacific Crest Trail at about the 6800 foot elevation it is approximately 0.35 miles to the Poison Springs Campsite then approximately another 2.4 miles down to the job site at the bottom of the canyon at about the 5200 foot elevation for 2.75 miles total distance from the designated vehicular parking location and total elevation difference of approximately 1600 feet.
C.3 Operating Season
There are no seasonal restrictions other than what is noted below.
There may be limited operating periods due to wildlife concerns. These will be identified prior to start of project.
C.4 Other Requirements
It is anticipated that project personnel will need to camp in the general vicinity of the bridge site. The actual location for the Contractor's Campsite has yet to be established and will be approved by the Contracting Officer. The camp area shall be managed for items such as trash and unattended food that bears can forage on. Best management practices (BMPs) shall be incorporated for recreation, soil, water quality, and aquatic resources. The Contractor may use horses and/or pack mules to porter materials and supplies to the job site as well as a helicopter to aid in the construction and or porterage of supplies and materials. The Contactor's camp area shall be kept in a neat and presentable condition so as to maintain the trail for others to enjoy while work is underway. Campfire permits will be required. It is expected that this work will be accomplished beginning in April.
SECTION E - Inspection and Acceptance
52.246-12 Inspection of Construction. (AUG 1996)
SECTION F - Deliveries or Performance
52.242-14 Suspension of Work. (APR 1984)
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendars after the date the Contractor receives the Notice to Proceed. 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.
SECTION G - Contract Administration Data
This page intentionally left blank.
SECTION H - Special Contract Requirements
452.228-71 Insurance Coverage. (NOV 1996)
452.236-77 Emergency Response. (NOV 1996)
H.1 Invoice Submission Procedures
(a) The "SUBMIT INVOICES TO ADDRESS SHOWN" 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.
(b) 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.
(c) 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.
(1) 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,
(2) A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.
(d) 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.
(e) Invoices not complying with contract requirements will be rejected.
H.2 Unauthorized Instructions from Government Personnel
(a) The Contractor will not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative (COR) acting within the limits of his/her authority. COR's will be designated in writing to the Contractor and the scope of his authority will be set forth therein.
(b) No information other than that which may be contained in an authorized amendment/modification to this document duly issued by the Contracting Officer which may be received from any other person employed by the U.S. Government or otherwise will be considered as grounds for deviation from any stipulation of the document to include referenced drawings and/or specifications.
H.3 Posters https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/
(a) Orders subject to the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) require contractors to post WH Publication 1313 "Notice to Employees Working on Government Contracts". This poster can be accessed at: https://www.dol.gov/WHD/resources/posters.htm.
(b) Orders for construction require contractors to post WH Publication 1321 "Notice to Employees Working on Federal or Federally Financed Construction Projects" and the Office of Federal Contract Compliance poster "Equal Employment Opportunity is the Law". These posters can be accessed electronically at https://www.dol.gov/WHD/resources/posters.htm.
https://www.dol.gov/WHD/resources/posters.htm
SECTION I - Contract Clauses
52.202-1 Definitions. (NOV 2013)
52.203-3 Gratuities. (APR 1984)
52.203-5 Covenant Against Contingent Fees. (MAY 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)
52.203-7 Anti-Kickback Procedures. (MAY 2014)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)
52.204-13 System for Award Management Maintenance. (OCT 2016)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
52.211-18 Variation in Estimated Quantity. (APR 1984)
52.215-2 Audit and Records - Negotiation. (OCT 2010)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.219-8 Utilization of Small Business Concerns. (NOV 2016)
52.219-14 Limitations on Subcontracting. (JAN 2017)
52.222-3 Convict Labor. (JUN 2003)
52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)
52.222-6 Construction Wage Rate Requirements. (MAY 2014)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (MAY 2014)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of segregated facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEP 2016)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-37 Employment Reports on Veterans. (FEB 2016)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)
52.222-50 Combating Trafficking in Persons. (MAR 2015)
52.222-55 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)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.227-1 Authorization and Consent. (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.228-2 Additional Bond Security. (OCT 1997)
52.228-5 Insurance - Work on a Government Installation. (JAN 1997)
52.228-11 Pledges of Assets. (JAN 2012)
52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)
52.228-14 Irrevocable Letter of Credit. (NOV 2014)
52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)
52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)
52.232-17 Interest. (MAY 2014)
52.232-23 Assignment of Claims. (MAY 2014)
52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest After Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.236-2 Differing Site Conditions. (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
52.236-5 Material and Workmanship. (APR 1984)
52.236-6 Superintendence by the Contractor. (APR 1984)
52.236-7 Permits and Responsibilities. (NOV 1991)
52.236-8 Other Contracts. (APR 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
52.236-10 Operations and Storage Areas. (APR 1984)
52.236-11 Use and Possession Prior to Completion. (APR 1984)
52.236-12 Cleaning Up. (APR 1984)
52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)
52.236-15 Schedules for Construction Contracts. (APR 1984)
52.236-21 Specifications and Drawings for Construction. (FEB 1997)
52.236-26 Preconstruction Conference. (FEB 1995)
52.242-13 Bankruptcy. (JUL 1995)
52.243-4 Changes. (JUN 2007)
52.244-6 Subcontracts for Commercial Items. (NOV 2017)
52.246-21 Warranty of Construction. (APR 1984)
52.248-3 Value Engineering - Construction. (OCT 2015)
52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)
52.249-10 Default (Fixed-Price Construction). (APR 1984)
52.253-1 Computer Generated Forms. (JAN 1991)
452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)
452.236-72 Use of Premises. (NOV 1996)
452.236-73 Archaeological or Historic Sites. (FEB 1988)
452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)
452.236-76 Samples and Certificates. (FEB 1988)
52.219-28 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.
(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 237990 assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-35 Equal Opportunity for Veterans. (OCT 2015)
(a) Definitions. As used in this clause-
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, 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)
52.222-36 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-
(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-
(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 material ________ ________ ________
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)
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil https://www.acquisition.gov/?q=browsefar https://www.dm.usda.gov/procurement/policy/agar.htm
(End of clause)
SECTION J - List of Documents, Exhibits, and Other Attachments
List of Documents, Exhibits, and Other Attachments
Attachment Number Title Date Number of Pages 1 Project Supplemental Specifications 02/08/2018 121 2 Project Plans 01/18/2018 20 3 General Decision Number: CA180009, Modification 5 02/23/2018 46
SECTION K - Representations, Certifications, and Other Statementsof Offerors or Respondents
52.223-1 Biobased Product Certification. (MAY 2012)
52.204-8 Annual Representations and Certifications. (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $36.5M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and 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 provision at 52.204- 7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(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.
[ ] (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)
SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents
52.204-7 System for Award Management. (OCT 2016)
52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2017)
52.236-28 Preparation of Proposals - Construction. (OCT 1997)
452.204-70 Inquiries. (FEB 1988)
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)
52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
6.8%
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 action obligations required by the clause entitled Affirmative Action Compliance Requirements for Construction, and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the covered area is Plumas County, California.
(End of provision)
52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225- 9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in…
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