RFQ LBP Place REO rev 3.doc

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

PAGES

1. REQUEST NO.

37-12-4

2. DATE ISSUED

4/20/2012

NA

5A. ISSUED BY USDA, Rural Development

The Galleries of Syracuse

6. DELIVER BY (DATE)

5/20/2012

441 S. Salina St., Ste. 357

Syracuse, NY 13202

7. DELIVERY

FOB OTHER

X Destination FORMCHECKBOX (See Schedule)

5B. FOR INFORMATION CALL:

RICHARD C. BROWER, CONTRACTING OFFICER (315) 477-6406

9. DESTINATION (Consignee and address, including ZIP Code)

8. TO: NAME AND ADDRESS, INCLUDING ZIP

Jeff Archer, Area Specialist USDA, Rural Development

108 Holiday Way Schoharie, NY 12157

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE

5/20/2012. Offers may be mailed, faxed or emailed. Fax to 315-477-6440, email to richard.brower@ny.usda.gov or mail to address in 5A c/o Richard Brower.

11. BUSINESS CLASSIFICATION (Check appropriate boxes)

a. STANDARD INDUSTRIAL b. SMALL BUSINESS

CLASSIFICATION CODE______________ SIZE STANDARD _________________

OTHER THAN

c. FORMCHECKBOX

SMALL FORMCHECKBOX

SMALL FORMCHECKBOX

DISADVANTAGED FORMCHECKBOX

WOMEN-OWNED

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.

12. SCHEDULE (Include applicable Federal, State and local taxes)

Item No.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

LOCATION: 22 Pulver Ave., Ravena, NY All work to be completed within 90 days of acceptance of the Purchase Order by the contractor.

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

NOTE: Additional provisions and representations FORMCHECKBOX are FORMCHECKBOX are not attached.

14. NAME AND ADDRESS OF QUOTER (Street, city, county, Sate and ZIP Code)

17. NAME AND TITLE OF SIGNER (Type or print)

18. TELEPHONE NO. (Include Area Code)

PREVIOUS EDITION NOT USABLE

Prescribed by GSA

OBJECTIVE

USDA, Rural Development requires the services of a company that is EPA Certified to perform lead hazard control services in New York. The property is an Agency inventory property and all identified lead hazards must be abated in accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as Title X – HUD Rule 1012 and 1013 of Title X, activated in September 2000. The specific reference is Subpart C -–Disposition of Residential Property Owned by a Federal Agency Other than HUD, which states “the Federal agency shall abate all identified lead-based paint hazards in accordance with 40 CFR 745.227. Abatement is completed when clearance is achieved in accordance with 40 CFR 745.227.”

All lead abatement rehabilitation work outlined below should be completed in accordance with all appropriate state and federal regulations. Furthermore, it should be assumed that in any area where rehabilitation is to be completed, that there could be asbestos containing materials. Therefore, both lead and asbestos safe work practices must be conducted in the areas outlined below in accordance to all applicable state and federal guidelines. Any items removed from the property must also be disposed of in accordance with all appropriate state and federal regulations. All lead based paint to be removed as listed below in such a manner as to prevent possible asbestos containing material from becoming hazardous.

Contractor must possess current certification with the EPA and/or the State of New York to perform lead hazard and asbestos control services. Certified abatement workers who successfully completed a lead based paint and asbestos abatement worker course accredited by EPA and/or the State of New York must conduct abatement. A lead based paint supervisor certified by EPA must supervise all workers on site.

SERVICES AND PRICES

PRICE SCHEDULE: The Contractor shall provide the following services at the price listed for each job. The quoted prices shall include all wages, indirect costs, travel (mileage), overhead, general and administrative expense, profit, materials, labor, tools, supplies, permits, etc. All items removed from property are to be disposed of in accordance with appropriate regulations and lead hazard based paint requirements. See attached floor layouts (not drawn to scale).

LOCATION: 22 Pulver Ave., Ravena, NY All lead based paint to be removed as listed below. On exterior areas, ground cover will be used to prevent ground contamination. No soil to be removed unless contamination occurs. Signs will be placed indicating that lead based paint removal is being done. Perform specialized cleaning using HEPA vacuum and wet cleaning methods throughout the house. All work for each line item should include any additional materials not listed specifically in order to obtain final clearance by certified inspector. If work is substantially changed due to hidden conditions or deterioration that is not visibly obvious, contractor is to stop work and contact the Contracting Officer to report the problem and await further instructions. All measurements are approximate. We recommend each contractor visit the property to verify measurements prior to submitting an offer. The integrity of the water, heat, electrical and other such operating systems is uncertain. The water/heat/electrical systems may be inoperable for abatement purposes. The contractor may have to provide their own temporary heat, electrical and water sources in order to complete abatement. The contractor should contact the local office in Schoharie to see if such utilities are operable; and if operable have been turned on prior to start of abatement work.

Specifications: Rural Development requires the following work: LEAD BASED PAINT ABATEMENT OF PROPERTY AT 22 Pulver Ave., Ravena, NY (Albany County) NY. Property consists of a single family dwelling.

Lead Based Paint Abatement Control specifications- see attached layout of house:

1. Interior Window Molding and Sills for all Windows. Wetscrape/wetsand the plank boards above/below and on both sides of the window located in all bedrooms on the second floor. Install TYVEK tape over all boards, plank boards and enclose with white aluminum coil stock; back-caulking and caulking all seams/edges.

2. Exterior Window Molding and Sills for all Windows, Including Basement Windows. Wetscrape/wetsand the plank boards above/below and on both sides of the window. Install TYVEK tape over all boards, plank boards and enclose with white aluminum coil stock; back-caulking and caulking all seams/edges.

3. Stair Stringers, Stair Treads, and Risers from First Floor to Second Floor. Wetscrape/wetsand all wood surfaces and repaint with 2 coats of a good quality white interior latex paint

4. Porch Columns, Chair Rails, Ceiling and Ceiling Molding. Wetscrape/wetsand all wood surfaces of columns, ceiling and ceiling molding. Install TYVEK tape over all boards, plank boards and enclose with white aluminum coil stock; back-caulking and caulking all seams/edges. Remove chair rails and do not replace.

5. Living Room Floor: Wetscrape/wetsand all wood surfaces and repaint with 2 coats of a good quality white interior latex paint

*TOTAL PRICE QUOTED: _$________________________________

*CONTRACTOR IS TO COMPLETE.

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

In the performance of the required tasks previously outlined, the Contractor may encounter unforeseen additional work. In this regard, and as set forth in the clause entitled “Changes and Changed Conditions”, made a part of this purchase order (contract), the Contractor is further required to:

1. If necessary, place all utilities in service and determine repairs or replacements which should be made.

2. Recommend additional repairs or replacement which should be made to increase utility or aesthetic value or to meet Minimum Property or Thermal Standards.

3. Prepare and deliver to the Inspection Office listed in the INSPECTION AND ACCEPTANCE Paragraph 1(b), a list of recommendations, in accordance with a or b above, together with the Contractor’s quotation for performing each work item recommended.

As detailed in the Changes and Differing Site Conditions clauses the Contractor is not authorized to proceed with any of its recommended jobs until so specifically authorized by the Contracting Officer. Upon agreement as to the work actually required, and any appropriate equitable adjustment in the cost of, or the time required for performing the work, the Contracting Officer will modify the purchase order accordingly.

INSPECTION AND ACCEPTANCE

1. INSPECTION AND ACCEPTANCE (AGAR 452-246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the address of the Contracting Officers Point of Contact (POC).

2. FINAL INSPECTION: The abatement work will not be considered acceptable until the site passes a reassessment examination conducted by EcoSpect, Inc., 468 Algerine St., Afton, NY 13730, phone 1-800-491-2008. Contractor is responsible for contacting EcoSpect, Inc. to coordinate the clearance examination. Contractor is also responsible for contacting the Rural Development office in Schoharie, NY at the same time. The Contractor shall give the Inspector and the Rural Development office in Schoharie, NY a minimum of seven (7) calendar days advance notice of the date the work will be fully completed and ready for final inspection. USDA, Rural Development will obligate the reassessment examination Purchase Order at the same time as the Abatement Purchase Order and will bear the cost of the 1st exam. Local Office needs to submit both Purchase Order requests (1 purchase order for abatement work and 1 purchase order for lead clearance exam) to the State Office at the time of Contract Award. Any subsequent exams will be paid by the Abatement Contractor.

The Contractor’s responsibility will terminate when all work has been completed, the final inspection made and work accepted by the USDA. The Contractor will then be released from further obligation except as required by the warranty clause of this purchase order, if required, or any other additional warranties offered by the Contractor or its Subcontractors and Suppliers.

DELIVERIES, PERFORMANCE AND PAYMENT

1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire project and have the property ready for use and Lead Clearance Testing not later than 90 calendar days after the date the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises. Contractor must provide seven (7) calendar days notice to the Clearance Assessment Contractor and the Rural Development office in Schoharie, NY prior to completion of work so arrangements can be made for lead abatement assessment inspection and Rural Development inspection. Cost of one reassessment report will be born by Rural Development.

2. PAYMENTS: Payment will be made upon Contractor’s completion of the required work, inspection and acceptance of the work by the Contracting Officer’s POC and submission of a proper invoice by the Contractor. Exhibit A is a sample of the format for a proper invoice. Contractor will not be paid until a lead abatement assessment report is issued showing all existing contamination hazards have been removed (commonly referred to as a clearance report). Contractor will also not be paid until a final inspection report is done by the Rural Development Office in Schoharie, NY.

SPECIAL CONTRACT REQUIREMENTS/CLAUSES

1. CONDUCT (FmHA 452.203-70-4d) (August 1990)

During the course of this contract, the Contractor will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The Contractor will not engage in other employment which is incompatible with the duties of this contract. The Contractor will not, directly or indirectly, engage in financial transactions or any kind of business dealings relying on information obtained through the performance of this contract. The Contractor will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract.

2. The Contractor shall be liable for any loss from or injury to, any property resulting solely from the Contractor’s negligence and/or failure to perform the services provided for herein.

3. The Contractor waives, releases, and discharge the Government from any and all claims, demands, and causes for action for damages to persons(s)/or property which may arise in any manner incident to the execution of this contract, except his/her rightful claim for payment or compensation, as provided herein.

4. CONTRACTOR QUALIFICATIONS: Contractor must possess current certification with the EPA to perform lead hazard control services in New York. Certified abatement workers who successfully completed a lead-based paint abatement worker course accredited by EPA must conduct abatement. A lead based paint abatement supervisor certified by EPA must supervise all workers on site.

5. The Contractor shall obtain the services of qualified employees in all instances, and the Contractor is responsible for actions or omissions of employees in performance of work under this contract. The Contractor shall not commit, nor permit to commit any waste, or unlawful acts or nuisances upon property assigned.

6. COMPLIANCE WITH CODES: The Contractor will comply with all state, city and local codes, laws, and ordinances in effect at the time of the award of the contract and applicable to such work. This includes, but is not limited to the proper use of equipment, setting up work area in order to contain any lead dust or debris that is created, performing job using lead safe work practices, cleaning as work is performed and proper disposal of lead dust and debris. Contractor shall obtain at his expense, such permits, certificates and licenses as may be required in the performance of the work specified.

7. INSURANCE: Contractor must maintain lead insurance coverage of at least one million dollars in addition to general liability insurance and other insurance adequate to cover a business operation.

8. STORAGE: The Contractor may use the premises of the dwelling on which it is working for storage of equipment, tools, and materials. However, USDA, Rural Development assumes no responsibility for any tools, materials, or equipment stored by the Contractor. No combustible materials or other fire hazards shall be left or allowed to accumulate.

9. SANITARY REQUIREMENTS: If the sanitary facilities contained in the dwelling(s) are inadequate or nonfunctional, the Contractor shall provide, at its own expense, adequate sanitary facilities for its workmen. All facilities shall be maintained in a clean and hygienic condition at all times and secured during nonworking hours.

10. MINIMUM STANDARDS: Minimum Property (construction and repair) and Federal Standards specified in RD Instruction 1924-A (available in any USDA, Rural Development Office) are applicable to this contract.

11. SUBSTITUTIONS AND/OR APPROVED EQUAL: Where a particular make, brand, or type or material or equipment is mentioned in the specifications, it is to denote quality standard of article desired, but does not restrict Contractor to brand specified. However, any substitution must meet with the approval of the Contracting Officer or his/her authorized representative.

If after award the Contractor is unable to obtain specified materials, he/she will request approval of such substitution, in writing, to the CO or COR. Submittals for approval of substitute materials must contain sufficient information, descriptive brochures, drawings, samples, or other data as is necessary to provide direct comparison to the specified material.

12. BUILDING, SIZE AND DIMENSIONS: RD will not be responsible for any error or variation in the dimensions or sizes in the specifications and drawings. Nor will the Contractor, because of an error or variation, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications.

13. GOVERNMENT FURNISHED MATERIAL: Prospective Contractors and the successful Contractor will contact Jeff Archer, Area Specialist at 108 Holiday Way, Schoharie, NY 12157, 518-295-8600, Ext. 4 to coordinate the following;

(a) Keys to premises (The successful Contractor will return all keys to Rural Development at final inspection.

(b) Initial plans and specifications, if available.

(c) Review of RD Instructions (regulations).

(d) Necessary posters and forms.

(e) Final Inspection by Rural Development

14. POST AWARD CONFERENCE: A post award telephone conference is required. The contractor will contact the Point of Contact in item #13 above to schedule the conference within 48 hours of receipt of the Purchase Order or contract award whichever is later. The conference is to be with the appointed Point of Contact.

15. If the contract is over $30,000, the following clause applies to the contract.

52.228-13 Alternative Payment Protections.

As prescribed in 28.102-3(b), insert the following clause:

Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

_____a payment bond, an irrevocable letter of credit, a certificate of deposit___________________________________________

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

(c) The submission of the payment protection is required within ___10______ days of contract award.

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

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

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

(End of clause)

16. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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://www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-7 Anti-Kickback Procedures

Oct 2010 52.204-7 Central Contractor Registration.

Feb 2012 52.204-8 Annual Representations and Certifications

Mar 2012 52.209-5 Certification Regarding Responsibility Matters Apr 2010

52.211-10 Commencement, Prosecution, and Completion of Work

Apr 1984

52.211-11 Liquidated Damages-Supplies, Services, or Research and Development

Sept 2000

52.213-4 Terms and Conditions – Simplified Acquisitions (Other than Commercial Items) Mar 2012

52.219-6 Notice of Total Small Business Set-Aside

Nov 2011 52.222-4 Contract Work Hours and Safety Standards Act – Overtime Compensation

Jul 2005 52.222-5 Davis-Bacon Act—Secondary Site of the Work

Jul 2005 52-222-6 Davis-Bacon Act Jul 2005 52.222-7 Withholding of Funds

Feb 1988

52.222-8 Payrolls and Basic Records

Jun 2010 52.222-9 Apprentices and Trainees

Jul 2009 52.222-10 Compliance with Copeland Act Requirements

52.222-11 Subcontracts (Labor Standards)

Jul 2005 52.222-12 Contract Termination – Debarment

Feb 1998

52.222-13 Compliance with Davis-Bacon and Related Act Regulations

52.222-14 Disputes Concerning Labor Standards

52.222-15 Certification of Eligibility

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction

Feb 1999

52.222-27 Affirmation Action Compliance Requirements for Construction

Feb 1999 52.222-41 Service Contract Act of 1965 Nov 2007 52.223-13 Certification of Toxic Chemical Release Reporting

Aug 2003

52.223-14 Toxic Chemical Release Reporting

Aug 2003

52.225-10 Notice of Buy American Act Requirement-Construction Materials

Feb 2009 52.225-13 Restrictions on Certain Foreign Purchases

Jun 2008 52.228-13 Alternative Payment Protections Jul 2000 52.232-5 Payments under Fixed-Price Construction Contracts Sept 2002 52.232-23 Assignment of Claims

Jan 1986

52.232.27 Prompt Payment for Construction Contracts

Oct 2008 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration Oct 2003 52.233-2 Service of Protest

Sep 2006 52.233-3 Protest after Award

Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim

Oct 2004

52.236-5 Material and Workmanship

52.236-7 Permits and Responsibilities

Nov 1991 52.236-13 Accident Prevention

Nov 1991 52.236-14 Availability and Use of Utility Services

52.236-28 Preparation of Proposals-Construction

Oct 1997 52.242-14 Suspension of Work

52.243-5 Changes and Changed Conditions

AGRICULTURE ACQUISITION REGULATION CLAUSES (FAR Part 12)

AGAR Provision 452-209-71 Assurance regarding felony convictions or tax delinquency Apr 2012

AGAR Provision 452.219-70 Size Standard and NAICS Code Information

Jan 2005

LIST OF ATTACHMENTS

Exhibit A – Sample Invoice Format Exhibit B – Buy American Act/Balance of Payment Programs

Exhibit C – Department of Labor Wage Determinations-Davis Bacon Exhibit D - Department of Labor Wage Determinations-Service Contract Act Exhibit E – Vendor Confidential Information

Exhibit F – Lead Based Paint Risk Assessment Report dated 1/23/12

REPRESENTATIONS AND CERTIFICATIONS

52.204-8 Annual Representations and Certifications.

(a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) 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 (b) applies.

[ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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 ORCA.

INSTRUCTIONS, CONDITIONS AND NOTICES

1. ALTERATION IN SOLICITATION (FAR 52.252.3)(APR 1984)

Portions of this solicitation are altered as follows:

The terms “Quotation” and “Quoter” are substituted for “Offer” and “Offeror” or “Proposal” and “Proposer” whenever they occur in this solicitation.

2. DATA UNIVERSAL NUMBERING SYSTEMS (DUNS) (FAR 52.204-6) (Apr 2008)

a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

3. PREPARATION AND SUBMISSION OF OFFERS/QUOTATIONS: Offerors/quoters shall prepare and submit their offers as outlined below:

a. Offerors/quoters are responsible for examining the solicitation, inserting the requested information in the blanks/blocks provided on the SF 18, the Price Schedule, and the Representations and Certifications. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the offer/quotation.

b. Offerors/quoters are to submit one fully executed copy of the solicitation to the address indicated in Block 5A on page 1 of the solicitation. This submission must be received by the closing date indicated in Block 10 on the SF 18 (page 1). Facsimile (FAX) proposals are authorized and will be considered for award. Scanned proposals are authorized and will be considered for award. A scanned proposal (must be signed by offerors/quoters prior to scan) may be emailed to: richard.brower@ny.usda.gov.

NOTE: Offerors/quoters that fail to submit the requested information may be determined unacceptable and may not be considered for award.

4. INQUIRES (AGAR 452.204.71) (FEB 1988)

Inquires and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offeror’s should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

AWARD

BASIS FOR AWARD: The Government will evaluate the responses to this solicitation on the basis of price and any price-related factors specified elsewhere in this solicitation. A purchase order (contract) will be issued to the overall lowest responsive, responsible quoter. Responsibility will be determined in accordance with FAR Subpart 9.1.

SAMPLE INVOICE FORMAT

EXHIBIT A

Invoice Number

Invoice Date

Purchase Order No._________________________________________

Payment to be sent to:

Name

Address

Address

City

State

Zip Code

DESCRIPTION OF WORK PERFORMED:

Discount/Payment Terms: _____________________

Payment Amount Due: ________________________

Contractor’s Signature

BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM

EXHIBIT B

1. BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FAR 52.225-9)(MAY 2002)

(a) Definitions. As used in this clause--

"Component" means any article, material, or supply incorporated directly into construction materials.

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

"Cost of components" means--

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

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

"Domestic construction material" means--

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

(2) A construction material manufactured in the United States, if 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 non-availability determinations have been made are treated as domestic.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands, and any other place subject to U.S. jurisdiction, but does not include leased bases.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) and the Balance of Payments Program by providing a preference for domestic construction material. 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 the construction material or components listed by the Government as follows: _________________________________________________________________________________

[Contracting Officer to list applicable excepted materials or indicate "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 Act 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 Act 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.

Exhibit B

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

(i) 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).

(ii) 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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

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

2. NOTICE OF BUY AMERICAN ACT – CONSTRUCTION MATERIALS (FAR 52.225-10) (MAY 2002)

(a) Definitions. "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

EXHIBIT B

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as non-responsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

Exhibit C

General Decision Number: NY120026 01/06/2012 NY26

Superseded General Decision Number: NY20100027

State: New York

Construction Type: Residential

County: Albany County in New York.

RESIDENTIAL CONSTRUCTION PROJECTS (Consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date

0 01/06/2012

* IRON0012-006 03/08/2011

ALBANY COUNTY:

Rates Fringes

IRONWORKER.......................$ 27.65 19.24

SUNY1990-004 06/01/1990

Rates Fringes

Carpenter, Drywall Installer.....$ 13.79 5.03

CEMENT MASON/CONCRETE FINISHER...$ 11.51 4.36

ELECTRICIAN......................$ 8.27

Laborers:

Asbestos removal............$ 16.86 5.22

Blaster, wagon drill operator, form setter, well pointing & laser operator....................$ 12.13 5.22

Laborers....................$ 11.63 5.22

Painter & Taper..................$ 13.00 2.58

PLUMBER..........................$ 17.87 3.51

Sheet metal worker...............$ 16.87 3.24+3%+a

Truck drivers:

GROUP 1.....................$ 10.45 3.42+b

GROUP 2.....................$ 10.65 3.42+b

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Straight, winch, transit mix on job site, road oilers, dump, panel, pick-up, water and fuel trucks on site

(including nozzle)

GROUP 2: Euclid or similar equipment, lowboy or lowboy trailers

FOOTNOTES:

a. Blue Cross or Blue Shield, Plan B, or equal

b. Paid Vacation: One week vacation after one year of work;

two weeks vacation after 5 years of work

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be

July 1, 2011 in the above example.

Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate.

Non-Union Identifiers

Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007

5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change until a new survey is conducted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Exhibit D

WD 96-0223 (Rev.-29) was first posted on www.wdol.gov on 06/17/2011

Hazardous Waste Pickup/Disposal Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage | Wage Determination No: 1996-0223

Director Determinations | Revision No: 29

| Date Of Revision: 06/13/2011

NATIONWIDE: Applicable in the continental U.S. and Hawaii

Regions are defined as follows:

MIDWEST REGION: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin;

NORTHEAST REGION: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont;

SOUTH REGION: Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia;

WEST REGION: Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New

Mexico, Oregon, Utah, Washington, and Wyoming.

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for removal of oil spills, hazardous waste materials and related cleanup services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

23440 - Heavy Equipment Operator

MIDWEST REGION 28.56

NORTHEAST REGION 27.13

SOUTH REGION 24.88

WEST REGION 28.01

23470 - Laborer

MIDWEST REGION 16.07

NORTHEAST REGION 16.46

SOUTH REGION 12.54

WEST REGION 14.35

30090 - Environmental Technician

MIDWEST REGION 25.42

NORTHEAST REGION 27.06

SOUTH REGION 24.10

Exhibit D

WEST REGION 25.58

31010 - Airplane Pilot 27.51

31361 - Truckdriver, Light

MIDWEST REGION 14.49

NORTHEAST REGION 18.18

SOUTH REGION 11.78

WEST REGION 12.26

31362 - Truckdriver, Medium

MIDWEST REGION 23.37

NORTHEAST REGION 23.41

SOUTH REGION 19.88

WEST REGION 21.95

31363 - Truckdriver, Heavy

MIDWEST REGION 24.49

NORTHEAST REGION 24.59

SOUTH REGION 20.83

Exhibit D

WEST REGION 23.04

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174)

VACATION (Hawaii): 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 weeks after 15 years.

Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR

4.173)

HEALTH & WELFARE (Hawaii): $1.47 per hour, or $58.80 per week, or $254.80 per month hour for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who

Exhibit D are not receiving health care benefits mandated by the Hawaii prepaid Health

Care Act, the new health and welfare benefit rate will be $3.59 per hour.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and…