Sol_140L2619Q0009.pdf
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140L2619Q0009
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140L2619Q0009
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
05/23/2019 0040438142
1 47
1387 S. VINNELL WAY
BOISE ID 83709
BLM ID-STATE OFC HR&ADM SVC (ID953)
Multiple
BLM-ID SHOSHONE FIELD OFFICE (Twin
400 W F ST.
SHOSHONE
ID 83352-1522
208 373-3910Patricia Fort
06/12/2019 1400 MT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Legacy Doc #: BLM Period of Performance: 06/17/2019 to 07/29/2019
00010 2019 Jarbidge Fuel Break Fences
Delivery: 07/29/2019
00020 2019 Winter Camp Fences
Delivery: 07/01/2019 Period of Performance: 06/17/2019 to 07/01/2019
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)
SOLICITATION NO: 140L2619Q0009 (05/21/2019)
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 2
County: Elmore and Owyhee Counties, Idaho Type of Construction: Highway
Magnitude: Between $100,000 and $250,000 NAICS: 238990 Size Standard: $15.0 Million Set-Aside: Small Business
Bureau of Land Management Contracting Officer (CO) Address: 1387 S Vinnell Way City/ State/ Zip: Boise, ID 83709 Name: Patricia A Fort Telephone: (208) 373-3910 Email: pfort@blm.gov
Site Visit: Yes (optional but highly encouraged). See Section L, Clause 52.236-27, Site Visit (Construction) (Alternate I)
Due Date: Wednesday, June 12, 2019 at 2:00 pm Mountain Daylight Time. Quotes will be accepted via Email at pfort@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.
In accordance with this Solicitation Part IV - Representation and Instructions See Section L, Instructions, Conditions and Notices to Offerors or Respondents; and Section M, Evaluation Factors for Award.
If you wish to submit a quote, it is necessary to complete and return:
Section A - SF-18, Request for Quote Section B - Bid Schedule
To expedite the handling of your quotation, please check the following items:
❏ Is the unit price legible?
❏ Is the extended price correct?
❏ Have you initialed any changes or erasures?
Submit only requested items not the entire Solicitation https://www.sam.gov/
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 3
TABLE OF CONTENTS
Part I - The Schedule
Section B - Bid Schedule - Supplement to SF-18 4
Section C - Specifications/Drawings 5
Section D - Packaging and Marking 13
Section E - Inspection and Acceptance 14
Section F - Deliveries or Performance 15
Section G - Contract Administration Data 16
Section H - Special Contract Requirements 18
Part II - Contract Clauses
Section I - Contract Clauses 21
Part III - List of Documents, Exhibits, and Other Attachments
Section J - List of Attachments 32
Part IV - Representations and Instructions
Section K - Representations, Certifications, and Other Statements of Offerors 40
Section L - Instructions, Conditions and Notices to Offerors or Respondents 43
Section M - Evaluation Factors for Award 47
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 4
PART I - THE SCHEUDLE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 BID SCHEDULE
2019 TWIN FALLS FENCES
2019 JARBIDGE FUEL BREAK PROTECTION FENCES
Pay Item Number Description
Estimated Quantity
Unit of Issue
Unit Price Total Cost
001 Jarbidge Fuel Break Fences 02824 Barbed Wire Fence 30’ Spacing (3-wire)
195,500 Feet $ $
002 Jarbidge Fuel Break Fences 02824 Barbed Wire Gate (4-Wire)
50 Each $ $
TOTAL - ALL OR NONE $
PERIOD OF PERFORMANCE: 40 Calendar Days
ESTIMATED START DATE: 06/24/19
The construction of end, stress, and corner panels, shall be included into the price per foot for fence.
2019 WINTER CAMP PROTECTION FENCES
Pay Item Number Description
Estimated Quantity
Unit of Issue
Unit Price Total Cost
001 Winter Camp Fences 02824 Barbed Wire Fence 30’ Spacing (3 -wire)
29,650 Feet $ $
002 Winter Camp Fences 02824 Barbed Wire Gate (4 Wire)
20 Each $ $
TOTAL - ALL OR NONE $
PERIOD OF PERFORMANCE: 10 Calendar Days
ESTIMATED START DATE: 06/24/19
The construction of end, stress, and corner panels, shall be included into the price per foot for fence.
More than one contract award may be made under this solicitation. You may quote on a single project.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 5
SECTION C - DESCRIPTIONS/SPECIFICATIONS
DIVISION 1 SECTION 01009
GENERAL REQUIREMENTS GENERAL INFORMATION AND REQUIREMENTS
PART 1: GENERAL
1.01 SUMMARY
A. Description of Work: Furnishing labor and equipment to construct barbed wire fence and associated gates, corners, and panels with Government-furnished property. Work includes the construction of approximately 195,500 feet of three strand wire protection fence using Easy Fence Panels & Braces on the Jarbidge Fuel Break Fences. Work includes the construction of approximately 29,650 feet of three strand wire protection fence using Easy Fence Panels & Braces on the Winter Camp Fences.
B. Location: Work under this Contract is located south of Hammett, Idaho in Owyhee and Elmore Counties, Idaho and west of Castleford, Idaho in Owyhee County. The work locations are shown on the provided maps.
C. Work Data Sheets: Designates the type and quantity of work required for proposed construction, and dimensions required for typical drawings.
1.02 WORK SCHEDULING:
A. Work Schedule: The work schedule shall be submitted at the pre-work conference. When requested, the Contractor shall submit an updated schedule within 3 calendar days. As a minimum, the starting and completion dates for all major work items must be included.
1.03 REFERENCES:
A. N/A
1.04 DEFINITIONS:
A. 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.
1.05 QUALITY ASSURANCE:
A. N/A
1.06 DELIVERY, STORAGE, AND HANDLING:
A. Delivery: The Contractor shall protect products incorporated into the work from damage while in transit to the site. Products must be stored in original unopened containers with manufacturer's name, brand designation, and contents legibly indicated.
B. Storage: The Contractor shall provide temporary storage facilities for products complying with manufacturer's recommendations which will protect them from damage until installation on the project and final acceptance.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 6
C. Handling: The Contractor shall load and unload products in such a manner as to protect them from damage until installation on the project.
1.07 PROJECT/SITE CONDITIONS:
A. Access Roads: Access roads are shown on the Work Location Map. Vehicle travel is permitted along the fence line. Maps of these areas will be provided. The topography along the fence line may limit or prevent travel.
B. Rocky Ground: The project site includes some rock formations which prevent posts from being driven. A rock drill may be required at these work sites to assure proper installation of posts.
C. Environmental Considerations:
1. No blading or scraping of the ground along the fence line or on any Bureau of Land Management administered land is needed or permitted. Access roads shall not be constructed along fence lines or to the job sites, but travel along the fence line is permitted.
Rocky conditions exist along portions of the fence. It is recommended that interested contractors attend the site visit or inspect the site before offering a quote.
No cross-country travel with motorized vehicles shall take place when ground is muddy causing ruts to form. The Contractor shall repair all ruts and scarred ground created by construction, repair, or removal as directed by the Contracting Officer.
Camping at or near the job site is permitted as long as it does not exceed a maximum of 14 days in any one location. Camping is prohibited within 100 yards of any isolated water source springs, seeps, water troughs, windmills, small reservoirs, etc. Toilet facility requirements shall follow all Federal and State regulations.
When a camp site is no longer needed, all garbage must be removed and properly disposed of.
Clean-up: All trash and excess materials must be removed from the project site on completion of construction and disposed of in a manner, and at a location, approved by the Contracting Officer.
Cultural Considerations: Because fragile and irreplaceable culture resources may be present in the area, project activities and any other action which causes disturbance of the earth's surface shall be limited to those areas approved by the BLM. Deviations from routes flagged or shown on the drawings are not allowable without prior approval of the Contracting Officer. The Contractor shall insure that he/she, their employees, or their representatives do not collect archaeological artifacts. Should the condition of the cultural resources in the area be altered during construction due to unauthorized activity by the Contractor or his employees, the Contractor shall be responsible for all costs of mitigating the cultural resources involved. If deterioration of the archaeological sites is found to be occurring during the construction phase, work on the project shall be terminated until a data recovery plan is prepared and completed in accordance with the National Historic Preservation Act.
The Contractor shall immediately bring to the attention of the Contracting Officer any and all cultural resources including, but not limited to, historic and pre historic sites or artifacts, buried artifacts, and buried features such as fire pits, burials, and house floors discovered as a result of construction operations.
The Contractor shall immediately suspend all activities that might harm the object(s) and shall leave such discoveries intact until Instructed to proceed by the Contracting Officer.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 7
Pursuant to 43 CFR J0.4(g) the Contractor must notify the Contracting Officer by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony . Further, pursuant to 43 CFR 10.4(c) and (d), the Contractor must stop activities in the immediate vicinity of the discovery and protect it from construction activities for 30 days or until notified to proceed by the Contracting Officer.
PART 2: PRODUCTS
(There are no applicable requirements.)
PART 3: EXECUTION
3.01 PROJECT MEETINGS:
A. Pre-Work Conference:
1. Pre-Work Conference 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, construction schedules, payroll and payments, and administrative provisions of the Contract.
2. The Contractor, subcontractors and the persons responsible for coordination of the work shall be present at the meeting.
3. The Contractor shall be prepared to summarize and explain procedures planned for the project.
B. Progress Meetings:
1. Shall be held at the project site, or as determined by the Contracting Officer.
2. Meetings may be called by either the Contracting Officer or the Contractor. Request shall state who should attend and include an agenda.
C. Final Inspection:
1. To be held at the project site, or as determined by the Contracting Officer.
2. Notify the Contracting Officer in writing at least 3 working days before the completion date so the Government can schedule final inspection.
3. The Contractor or the Contractor's authorized representative shall be present during this inspection.
3.02 PREPARATION:
A. Work Layout: The Government will set flags or fence posts within sight distance to give the Contractor lines and angles necessary to execute the work specified under the Contract. The Contractor shall, immediately upon entering the project site for the purpose of beginning work, locate all reference marks and take such actions to prevent their destruction. Stress panels shall be located as specified for barbed wire fences.
Location of gates will be at each desert two track road where a gate is needed.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 8
3.03 DISPOSAL OF DEBRIS
A. Requirements: Items or debris not designated as salvage for the government, shall become the property of the Contractor. The Contractor is responsible for the disposal of materials in a legal manner and the payments of all disposal fees. Burning of removed materials is not permitted on the work site.
PART 4: MEASUREMENT AND PAYMENT
4.01 METHOD OF MEASUREMENT:
A. Units: The work described in this section will not be measured for payment
4.02 BASIS OF PAYMENT:
A. Payment: No direct payment for the work described under this section will be made. Consideration for these items shall be included in the bid price for other items of the Contract.
END OF SECTION 01009
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 9
DIVISION 1 SECTION 01019
GENERAL REQUIREMENTS GENERAL INFORMATION AND REQUIREMENTS
PART 1: GENERAL
A. Section Includes: The materials to be furnished by the Government and their locations.
1.02 DELIVERY, STORAGE, AND HANDLING
A. Location: The Government-Furnished property will be provided by the Bureau of Land Management’s Shoshone Field Office. The office address is: 400 W F Street, Shoshone, ID 83352.
B. Time: Property will be available Monday through Friday, from 8:00 am to 3:30 pm except on holidays. An appointment is required to assure that a person is available. Appointments are made by calling Bart Koonce at 208-358-6737 a minimum of 24 hours prior to intended pickup time.
C. Return of Unused Property: Return unused materials to the same place as they were picked up unless the Contracting Officer states otherwise.
D. Loading, Offloading and Transporting Property: The Contractor is responsible for providing the necessary material-handling equipment to load and offload materials at the work site. The Contractor shall transport materials to the work site. Unless otherwise noted, a Government forklift and operator will be available at the Government office.
PART 2: PRODUCTS
2.01 MATERIALS
A. Materials to be furnished by the Government: Barbed Wire, Barbless Wire, Easy Fence Panels & Braces, Hose Clamps, 5’6” T-Posts, 7’ T-Posts, Fence Clips, 4’Wood Stays, Galvanized Staples
PART 3: EXECUTION
(There are no applicable requirements.)
PART 4: MEASUREMENT AND PAYMENT
4.01 METHOD OF MEASUREMENT
A. Units: The work described in this Section will not be measured for payment.
4.02 BASIS OF PAYMENT
A. Payment: No direct payment for the work described under this Section will be made. Consideration for this item shall be included in the bid price for other items of the Contract.
END OF SECTION 01019
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 10
DIVISION 2 SECTION 02824
SITEWORK WIRE FENCES AND GATES
PART 1: GENERAL
1.01 SUMMARY
A. This Section includes: Constructing barbed wire fences, including associated panels, corners, and gates.
B. Related Sections: General Information and Requirements Section 01009 Government-Furnished property Section 01019
1.02 REFERENCES
A. N/A
1.03 SUBMITTALS
A. General: Submittals shall be according to Section 01009 - General Information and Requirements
PART 2 - PRODUCTS
2.01 GOVERNMENT-FURNISHED MATERIALS
A. The government shall furnish specified materials required for the performance of the contract work in accordance with Section 01019 - Government Furnished Property.
PART 3: EXECUTION
3.1 PREPARATION
A. Clearing: Will not be needed since all fences will be built in bare soil. At the time of construction, grass may be growing.
3.02 INSTALLATION: REFER TO WORK DATA SHEET
A. General: Construct the wire fence in accordance with the drawings.
B. Ratio of Wood to Steel Line Posts: All steel.
C. Setting Posts: Set posts plumb and to the spacing and grades as shown on the drawings, unless staked otherwise.
Space within 6 inches of that dimension shown on the drawings or in the Work Data Sheet.
D. Driving Line Posts: Steel Posts: Drive into the ground to the depth shown on the drawings. The anchor plate shall be below the ground surface. Posts shall be driven plumb. When rock formations prevent driving remove anchor plate and excavate or drill holes a minimum of 18 inches deep and slightly smaller than the diameter of the post, then drive post solidly into the rock formation.
E. Corner Panel, Stress Panel, and End Panel (Easy Fence Panels) Assemblies: Construct as shown on the drawings or as staked in the field. Construct stress panels on crests of hills, and a maximum of 1320 ft center-to-center for barbed wire sections on standard barbed wire fences. Construct end panels at the end of fence runs unless shown otherwise on the drawings.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 11
F. Wire: Stretch tightly and securely attach to steel posts with standard wire clips or tie wire twisted tight. Wire is properly stretched when it is springy to the touch. Terminate wire at each end post, gate post, corner post, or stress panel. Wrap wire around the post two times and tie off by wrapping around the incoming wire a minimum of four times.
G. Brace Wire: N/A
H. Gates: Installed according to the Work Data Sheet and the drawings. ALL GATES SHALL BE 4 WIRES
WITH 4 GATE STAYS.
PART 4: MEASUREMENT AND PAYMENT
4.1 METHOD OF MEASUREMENT
A. Units: The work described in this section will be measured and paid for by the foot for each type of fence as measured along the ground surface next to the completed fence, including distance across gate openings, end, stress, and corner panels. The construction of end, stress, and corner panels, will be included into the price per foot for fence. Gates will be paid for as the actual number constructed. Note: Gates do not include adjacent end or corner panels.
4.2 BASIS OF PAYMENT
A. Payment: Prices and payment will be full compensation for the work described in this section. Payment will be made under:
Pay Item Pay Unit
Jarbidge Fuel Break Fences 1 02824 Barbed Wire Fence 30’ Spacing (3-wire) Foot 2 02824 Barbed Wire Gate (4-wire) Each
Winter Camp Fences 1 02824 Barbed Wire Fence 30’ Spacing (3-wire) Foot 2 02824 Barbed Wire Gate (4-wire) Each
END OF SECTION 02824
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 12
WORK DATA SHEET
For
SECTION 02824 - WIRE FENCES AND GATES
Job Title: Protection Fence Construction
Fence Construction Type: Barbed Wire 30’ Spacing (3-Wire) w/Easy Fence Panels
Type of top wire: Barbed
Type of intermediate wire: Barbed
Type of bottom wire: Barbless
Wire locations/dimensions in inches (spacing):
D: N/A
C: 12"
B: 10"
A: 18"
Line post spacing (L): 30 ft 0 inches
Type of Stays: N/A
Stay Spacing: N/A
Length of steel line posts (H2): 5 ft 6 inches
Depth of steel line posts in ground (h2): 1 ft 6 inches
Gate Width: 16 ft 6 inches
4 Wire locations/dimensions in inches (spacing) for Gates:
D: 12”
C: 6"
B: 4"
A: 18"
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 13
SECTION D - PACKAGING AND MARKING
Packaging and marking of deliverables shall be IAW the Contractor’s standard commercial practices.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 14
SECTION E - INSPECTION AND ACCEPTANCE
E.1 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://acquisition.gov/far/index.html
Clause Title Date 52.246-12 Inspection of Construction August 1996 52.246-21 Warranty of Construction March 1994
E.2 FINAL INSPECTION AND ACCEPTANCE
Final completion of the punch list items, submission of all required submittals, and final cleanup of the project site shall be completed before the contract’s required completion date. The Contracting Officer or his/her designated representative will perform final inspection. Acceptance of the work will occur only upon written notice of acceptance by the ordering Contracting Officer or any other Warranted Contracting Officer employed by the Bureau of Land Management (BLM) and performing authorized duties in conjunction with this contract.
http://acquisition.gov/far/index.html
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 15
SECTION F - DELIVERIES OR PERFORMANCE
F.1 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://acquisition.gov/far/index.html
Clause Title Date 52.211-18 Variation in Estimated Quantity April 1984 52.242-14 Suspension of Work April 1984
F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION APR 1984
OF WORK
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 Jarbidge, 40 calendar days and Winter Camp 10 calendar days after receipt of Notice to Proceed. *The time stated for completion shall include final cleanup of the premises.
*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 0 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.
F.3 CHARGES FOR ACTUAL DAMAGES - DELAYED PERFORMANCE
Should the Contractor fail to complete the work within the performance time allowed or any extension thereof, and his right to proceed is not terminated, he shall, in the absence of a liquidated damages provision, be charged actual damages suffered by the Government which can be directly attributable to the Contractor's delayed performance. Such damages shall include, but not necessarily be limited to, the Project Inspector's hourly salary, per-diem, travel or other expenses as well as losses of Government-Furnished property which can be accurately determined.
F.4 SIMULTANEOUS PERFORMANCE
If a Contractor receives award of more than one contract, simultaneous performance will be required. All work must be completed within the timeframe allowed for each contract.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 16
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 PROCUREMENT OFFICE REPRESENTATIVE
The Procurement Office Representative for this requirement is:
Patricia A Fort Bureau of Land Management 1387 S Vinnell Way Telephone (208) 373-3910
G.2 AUTHORITIES AND DELEGATIONS SEP 2011
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
PROJECT DESCRIPTION: 2019 Twin Falls Fences Page 17
G.3 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE SEPT 2011
PROCESSING PLATFORM (IPP)
Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
(a) Copy of Company Generated Invoice.
(b) Substantiation Forms are to be submitted with progress payments only.
(c) Release of Claims shall be submitted with the final payment only.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.4 LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE
To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:
1. Company Name
2. Contract Number
3. Invoice Number
4. Invoice Amount
5. A brief description of why you are calling
6. Your contact information
If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.
http://www.ipp.gov/ mailto:ippgroup@bos.frb.org
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 WORK HOURS
Work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays or Federal Holidays unless authorized by the COR.
National and Federal Holidays to be observed are:
New Year Day Independence Day Labor Day Memorial Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Thanksgiving Day Christmas Day
The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.
When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. All personnel assigned to perform under this contract shall limit their observation of holidays to those set forth above.
H.2 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the
COR.
H.3 DRAWINGS
(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.
(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.
H.4 1452.236-72 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL NOV 207
DATA
(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
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(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.
H.5 NOTICE TO PROCEED
After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatological conditions exist.
H.6 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
H.7 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
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Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
H.8 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
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PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 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://acquisition.gov/far/index.html
Clause Title Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards October 2018 52.204-13 System for Award Management Maintenance October 2018 52.204-18 Commercial and Government Entity Code Maintenance July 2016 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) January 2019 52.215-8 Order of Precedence-Uniform Contract Format October 1997 52.219-28 Post-Award Small Business Program Rerepresentation July 2013 52.222-3 Convict Labor June 2003 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 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 February 1988 52.222-15 Certification of Eligibility May 2014 52.222-26 Equal Opportunity September 2016 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.222-36 Equal Opportunity For Workers with Disabilities July 2014 52.222-37 Employment Reports on Veterans February 2016 52.222-50 Combating Trafficking in Persons January 2019 52.222-55 Minimum Wages under Executive Order 13658 December 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 January 2017 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts September 2013
52.223-6 Drug Free Workplace May 2001 52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.232-5 Payments under Fixed-Price Construction Contracts May 2014 52.232-16 Progress Payments April 2012 52.232-23 Assignment of Claims May 2014 52.232-27 Prompt Payment for Construction Contracts January 2017 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.233-4 Applicable Law for Breach of Contract Claim October 2004 52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991
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52.236-8 Other Contracts April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements April 1984
52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning Up April 1984 52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-21 Specifications and Drawings for Construction February 1997 52.243-5 Changes and Changed Conditions April 1984 52.244-6 Subcontracts For Commercial Items January 2019 52.245-1 Government Property January 2017
I.2 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018
(a) Definition.—“Site of the work”— (1) Means—
(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is—
(A) Located in the United States; and
(B) Established specifically for the performance of the contract or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—
(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and
(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.
(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.
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(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.
(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.
(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division U.S. Department of Labor Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
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I.3 52.222-7 WITHHOLDING OF FUNDS MAY 2014
The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract subject to prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
I.4 52.222-8 PAYROLLS AND BASIC RECORDS AUG 2018
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work.
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