2219-SS56.docx

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Elevator Repair
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2219-SS56
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REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQISXXIS NOT A SMALL BUSINESS SET ASIDE
PAGE OFPAGES
1
33

1. REQUEST NO.

2219-SS56

2. DATE ISSUED

08/28/2019

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF. UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

5a. ISSUED BY USDA APHIS

1920 DAYTON AVE

AMES IA 50010

6. DELIVERY BY (Date) 60 Days After Notice to Proce

7. DELIVERY

OTHER

X FOB DESTINATION (See Schedule)

9. DESTINATION

a. NAME OF CONSIGNEE
USDANLAE

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

NAME

SARAH SCHAUF

TELEPHONE NUMBER
b. STREET ADDRESS

1015 N UNIVERSITY AVE

AREA CODE

NUMBER

337-7572

8. TO:

a. NAME
b. COMPANY
c. STREET ADDRESS
c. CITY

AMES

d. CITY
e. STATE
f. ZIP CODE
d. STATE

IA

e. ZIP CODE 50011

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

09/10/19 0900 CS

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)
ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The USDA National Laboratory for Agriculture and the Environment, 1015 North University Boulevard, Ames, IA, 50011 has a requirement to have the Montgomery Passenger Elevator door operators rebuilt and the leveling zone recalibrated on each floor(4) 5030-11610-004 ACCN 431574 The magnitude of this construction is between $25,000.00 - $100,000.00.

This project unrestricted

Period of Performance: 60 calendar days after NTP

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 representationsareare not attached
13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION
15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS
16. SIGNER
a. NAME (Type or print)
b. TELEPHONE

AREA CODE

c. COUNTY

d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER

3 | Page

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED

2219-SS56

PAGE OF

2
33

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

0001
ELEVATOR REPAIR
EA
1

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

TABLE OF CONTENTS

SECTION B – Schedule of Items4
SECTION C – Statement of Work.5
SECTION D – Packaging and Marking9
SECTION E – Inspection and Acceptance10
SECTION F – Deliveries or Performance10
SECTION G – Contract Administration Data.11
SECTION H - Special Contract Requirements11
SECTION I - Contract Clauses12
SECTION J - List of Documents, Exhibits and Other Attachments.18
SECTION K – Reps, Certs and Other Statements of Offerors or Respondents…20
SECTION L - List of Documents, Exhibits and Other Attachments23
SECTION M – Evaluation Factors for Award27

2219-SS56

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items Davis Lake Paving Project

Item No.

Description

Unit

Qty.

Unit Price

Total

01
ELEVATOR REPAIR
LS
1.00

TOTAL:

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:

NOTES:

a. There is a requirement for bonding and/or payment protections (Irrevocable Letter of Credit (ILC) or payment bond) if quote is over $35,000. The bonds or ILC will be for 100% of the award price and submitted within 10 days after contract award. See Section I for additional information.

b. Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

c. There is no pre-bid meeting. Contractors should visit the sites independently.

d. There is a requirement to submit a technical proposal with your offer. See Section L & M for preparation instructions.

e. Award will be made to one contractor. You must submit pricing for all items.

A complete quote package will include:

· Cover sheet, SF-18 (complete blocks 13, 14, 15 and 16)

· Completed Schedule of Items, Section B

· Completed Representations and Certifications, Section K

Quotations may be:

· Emailed to SARAH.C.SCHAUF@USDA.GOV

· Quotes must be received by date shown in box 10 of the SF-18

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.1 SCOPE:

The USDA National Laboratory for Agriculture and the Environment, 1015 North University Boulevard, Ames, IA, 500101 has a requirement to have the Montgomery Passenger Elevator door operators rebuilt and the leveling zone recalibrated on each floor. Work included shall cover new PMSSC MAC door operator, new interlock assemblies with pick up rollers at each landing, new long lever, crank arm, split door linkage, gate switch, clutch, reel closers, labor and supplies.

All work to be completed in accordance with the specifications of this solicitation and resultant contract.

1.2 LOCATION:

AMES IA 50011

1.3 PRICE RANGE

The Government estimated range is between $25,000 and $100,000.

1.4 DESCRIPTION OF WORK

Scope of Work The USDA National Laboratory for Agriculture and the Environment, 1015 North University Boulevard, Ames, IA, 500101 has a requirement to have the Montgomery Passenger Elevator door operators rebuilt and the leveling zone recalibrated on each floor. Work included shall cover new PMSSC MAC door operator, new interlock assemblies with pick up rollers at each landing, new long lever, crank arm, split door linkage, gate switch, clutch, reel closers, labor and supplies.

Warranty:

The Montgomery Elevator shall be warranted to be free from defects in workmanship and materials rendered or used in the repair/rebuild of the elevator. The period of warranty shall be 12 months from the date the unit is returned to service.

Contractor/vendor Qualifications Work on/for this project shall be completed by technicians with at least 3 years of experience and fully trained and current on repair, rebuilding and service of Elevators.

General NLAE Site Requirements NLAE as located on the Iowa State University campus, parking is limited. There is a loading dock for loading and unloading equipment. There is a freight elevator available for moving equipment and parts to the basement level. The capacity of the freight elevator is 12,000 pounds.

Site Security Access

1. Access to the site is controlled by a security door locks and visitor/contractor check-in/check-out system. All contractor/subcontractor employees shall sign-in and out at the main site entrance gate and wear a contractor/visitor identification badge at all times while on the site. The ID badges will be turned in at the end of the work day. A current government-issued identification with a picture ID is required for entry.

2. Contractor vehicles will be allowed access adjacent to the work.

3. Work shall be generally confined to the immediate area of the elevator.

4. Additional security requirements may be imposed when the Federal Government raises the Homeland Security Alert Level. Additional directions will be provided if the situation occurs.

5. Failure to comply with access requirements shall be adequate grounds for removal of the Contractor/subcontractor employees from the site and barring further site access to individuals.

Work Hours:

Regular work hours for the site are 7:00am to 4:30pm, Monday through Friday, excluding Federal holidays. Work scheduled outside normal work hours shall be coordinated with the Government’s representative.to comply with escort and security notification requirements.

The Contractor shall provide all equipment, labor, supervision, transportation, materials, tools and other incidentals and execute all work necessary to THE WORK. Contractor is responsible for insuring all equipment meets State, Federal, and Local Laws.

1.5 SAFETY: During the life of this contract, the contractor is required to maintain a site-specify Safety Plan. The Contractor is responsible for ensuring that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this contract. The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR 1910-1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

1.6 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS.

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Fuel and Machine Fluids. The contractor shall instruct employees in environmental protection practices. The contractor is responsible for operating under conditions which preclude the waste of fuel or spoiling the environment. Machine fluids (fuel, oils, coolants, etc.) shall not be drained on the ground or allowed to enter any watercourse. Inadvertent spills shall be contained immediately and the Contracting Officer’s Representative shall be notified immediately. Promptly remediate the spill unless otherwise directed by authorities.

2 DOCUMENTATION AND RECORDS.

(a) The contractor shall maintain records of accomplishment. These reports shall be turned as requested for quality assurance/inspection purposes by the COR.

(B) All documentation, records and schedules as described in the SOW that are the responsibility of the contractor, are the property of the Government and shall be turned over to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and/or Privacy Acts and any requests for release of any records shall be handled accordingly.

3 BIOPREFERRED STATEMENT

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Adhesive and Mastic Removers
Graffiti and Grease Removers
Building Insulation
Hydraulic Fluid
Carpets
Insulating Foam
Cement and Concrete
Roof Coatings
Composite Panels
Water Tank Coatings
Concrete and Asphalt Cleaners
Wood and Concrete Sealers
Erosion Control Materials
Wood and Concrete Stains

Flowable Fill

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification and the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts and report in http://www.sam.gov, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during contract performance.

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

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{There are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 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 30 days. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek--Construction Schedule (Nov 1996)

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

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 40 hours per week.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

G.2 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

G.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

{There are NO clauses in this Section}

SECTION I--CONTRACT CLAUSES

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):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-9
Personal Identity Verification of Contractor Personnel. (JAN 2011)
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)
52.204-13
System for Award Management Maintenance (OCT 2018)
52.204-18
Commercial and Government Entity Code Maintenance (JUL 2016)
52.204-19
Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (JUL 2018) Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applicable if contract exceeds $35,000)

52.209-10
Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.211-18
Variation in Estimated Quantity (APR 1984)
52.219-3
Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011)
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)
52.219-6
Notice of Total Small Business Set-Aside (NOV 2011)
52.219-11
Special 8(A) Contract Conditions (JAN 2017)
52.219-14
Limitations on Subcontracting (JAN 2017)
52.219-27
Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)
52.219-28
Post-Award Small Business Program Representation. (JUL 2013)
52.219-29
Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(DEC 2015)

52.219-30
Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (DEC 2015)

52.222-3
Convict Labor (JUN 2003)
52.222-6
Construction Wage Rate Requirements (AUG 2018)
52.222-7
Withholding of Funds (MAY 2014)
52.222-8
Payrolls and Basic Records (AUG 2018)
52.222-9
Apprentices and Trainees (JUL 2005)
52.222-10
Compliance with Copeland Act Requirements (FEB 1988)
52.222-11
Subcontracts (Labor Standards) (MAY 2014)
52.222-12
Contract Termination - Debarment (MAY 2014)
52.222-13
Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)
52.222-14
Disputes Concerning Labor Standards (FEB 1988)
52.222-15
Certification of Eligibility (MAY 2014)
52.222-20
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)
52.222-21
Prohibition of Segregated Facilities (APR 2015)
52.222-26
Equal Opportunity (SEP 2016)
52.222-27
Affirmative Action Compliance Requirements for Construction (APR 2015)
52.222-30
Construction Wage Requirements – Price Adjustment (None or Separately Specified Method) (AUG 2018)
52.222-36
Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-50
Combating Trafficking in Persons (JAN 2019)
52.222-55
Minimum Wages Under Executive Order 13658 (DEC 2015)
52.222-62
Paid Sick Leave Under Executive Order 13706 (Jan 2017)
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
52.223-3
Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997)
52.223-5
Pollution Prevention and Right-to-Know Information (MAY 2011)
52.223-12
Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)
52.223-15
Energy Efficiency in Energy Consuming Products (DEC 2007)
52.223-17
Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
52.223-18
Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.225-13
Restrictions on Certain Foreign Purchases (JUN 2008)
52.226-1
Utilization of Indian Organizations and Indian Owned Economic Enterprises (June 2000)
52.227-4
Patent Indemnity -- Construction Contracts (DEC 2007)
52.228-2
Additional Bond Security (OCT 1997) (Applicable if contract exceeds $35,000)
52.228-5
Insurance – Work on a Government Installation (JAN 1997)
52.228-11
Pledges of Assets (AUG 2018) (Applicable if contract exceeds $35,000)
52.228-12
Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $35,000)
52.228-14
Irrevocable Letter of Credit (NOV 2014) (Applicable if contract exceeds $35,000)
52.228-15
Performance and Payment Bonds—Construction (OCT 2010) (Applicable over $150,000)
52.232-5
Payments Under Fixed-Price Construction Contracts (MAY 2014)
52.232-17
Interest (MAY 2014)
52.232-18
Availability of Funds (APR 1984)
52.232-23
Assignment of Claims (MAY 2014)
52.232-23
Prompt Payment for Construction Contracts (JAN 2017)
52.232-33
Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)
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) Alt 1 (DEC 1991)
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) ALT 1 (NOV 1991)
52.236-14
Availability and Use of Utility Services (APR 1984)
52.236-17
Layout of Work (APR 1984)
52.236-21
Specifications and Drawings for Construction (FEB 1997)
52.236-26
Preconstruction Conference (FEB 1995)
52.243-5
Changes and Changed Conditions (APR 1984)
52.244-6
Subcontracts for Commercial Items (JAN 2019)
52.245-1
Government Property (JAN 2017) - Alt 1 (APR 2012)
52.246-21
Warranty of Construction (MAR 1994)
52.249-1
Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)
52.249-10
Default (Fixed-Price Construction) (APR 1984)
52.253-1
Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) (Applicable if contract is over $35,000)
452.236-71Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72Use of Premises (NOV 1996)
452.236-73Archeological or Historic Sites (FEB 1988)
452.236-74Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76Samples and Certificates (FEB 1988)
452.236-77Emergency Response (NOV 1996)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to the Contracting Officer of the awarded task order.

FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

FAR 52.225-9 Buy American—Construction Materials (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. “Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material. “United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE.

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

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

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

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

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material

Domestic construction materialItem 2:
Foreign construction materialDomestic construction material

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

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

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections: (i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 15 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [Department of Agriculture Regulation ] (48 CFR 4 ) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.228-71 Insurance Coverage (Nov 1996)

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

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

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

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

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

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

List of Attachments
Number of Pages

Wage Determination: The following wage determination and any revisions issued apply to this project: https://beta.sam.gov

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://www.fs.fed.us/im/directives/fsh/6309.32/

52.204-19
Incorporation by Reference of Representations and Certifications.
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-

Representation and Certifications.

52.236-28
Preparation of Proposals-Construction.

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (NOV 1996)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

--NAICS Code238990
--Size Standard$15 million

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238990

(2) The small business size standard is $15million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

(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 website accessed through https://www.sam.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 # 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.

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.204-6Unique Entity Identifier (Oct 2016)
52.236-28Preparation of Proposals – Construction (OCT 1997)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES AGAR 452.204-70 INQUIRIES (FEB 1988) Any explanation desired by an…

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