RFP-AG-0109-S-16-0019.rtf

RFP AG-0109-S-16-0019 Control Lake Dock and Boardwalk Replacement

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Control Lake Dock and Boardwalk Craig Ranger District Tongass National Forest

B- 1 - SCHEDULE OF ITEMS

DESCRIPTION

PAY UNIT

EST. QTY.

TOTAL PRICE

Mobilization

LS

CONSTRUCTION INCLUDING ALL WORK EXCEPT OPTION ITEMS BELOW

LS

Total Base Bid

OPTION ITEMS (may award up to August 31, 2016)

0001 New Aggregate Trail

LS

0002 Demolition and removal of Existing Wooden Boardwalk and Dock

LS

Total Option Items Bid Price

Total for base and option items

Contact Name:

Phone No:

Email:

DUNS No:

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Payment will be made only for those items listed on Bid Schedules. All other work is incidental to these pay items.

*Denotes Contract Quantities

AG-0109-S-16-0019

Control Lake and Boardwalk Replacement

CONSTRUCTION RFP

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Description of Work

This project will create a safer and more user-friendly boat-access point to reach the USFS Control Lake Cabin from the highway parking pull-out. Work includes all labor, materials, supplies, and equipment to successfully complete the project as shown in the contract drawings and specifications.

Project includes decommission of existing trail, boardwalk, gangway, floating platform, and other items, as depicted in the contract.

New work includes, but is not limited to: signage along the highway, protection of existing vegetation and wetlands, construction of a new wooden boardwalk system with pipe pilings and supports, a “hinged” gangway, and a new floating boat-access platform.

The new gangway connections to both the new boardwalk and new floating platform require design and stamp by a licensed professional engineer.

The trail decommission of the existing trail and the construction of a new aggregate trail is an Option Item.

Project Location

The work site is located on Prince of Wales Island. : Longitude 132 51’ 00” and Latitude 55 42’ 00”.

Control Lake is 19 miles from Craig and 17 miles from Thorne Bay on Prince of Wales Island. Site Access is available from Highway 929.

Access to the island is available via ferry from Ketchikan, AK, and from charter aircraft from Ketchikan or Sitka.

Price Range

The government estimate is between $100,000 and $250,000

Performance Period

It is anticipated that this contract will be awarded by June 30, 2016. All contract work shall be completed no later than November 15, 2016.

Period of Performance: See Part I, Section F, Clause 52.212-3. June 30, 2016 to October 15, 2016.

Project Control

Contractor shall submit a proposed work plan, prior to beginning construction, for approval by the Contracting Officer.

Contractor is responsible for protecting workers from injury. Refer to FAR 52.236-13, Accident Prevention, for full text.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract.

Technical Specifications

(a) The technical specifications included in Section J are hereby made part of this solicitation and any resultant contract.

Special Project Specifications included in full text in Section J are as follows: (SEE OTHERS)

Section 01110 — Summary of Work Section 01111 — Mobilization Section 01330 — Submittals Section 01331 — Construction Layout Section 02410 — Demolition

SECTION 02920 — SEEDING

Section 06100 — Carpentry

SECTION 10140— SIGNS

section 13350 — FLOATING DOCK AND GANGWAY Section 31230 — Excavation and Fill Section 32150 — Aggregate and Stone References to Standard Specifications in the contract refer to the U.S. Department of Transportation, “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects: FP-03 U.S. Customary Units,” hereafter referred to as FP-03, and “Best Management Practices BMP’s Soil and Water Conservation Handbook” (FSH 2509.22) are included by reference. The requirements contained in these references are hereby made a part of this solicitation and any resultant contract.

Supplemental Specifications that amend FP-03 are given on the Supplemental List but are physically attached in Section J. The attachments to the Statement of Work and the Supplemental Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

Specifications not on the list but referenced by other Standard Specifications, shall also be applicable to this document.

Offerors can access the FP-03 specifications from the website below:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm

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 Statement 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

Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1FAR 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.246-12 Inspection of Construction

AUG 1996

2Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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.

Inspection and acceptance will be performed at the project site.

E.3Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E.4Conformity With Drawings And Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

E.5Contractor’s Quality Control Plan

At the request of the Contracting Officer, the Contractor shall provide a quality control plan, which is mutually agreed upon with the Contracting Officer. This plan shall describe the Contractor’s method for ensuring all work meets the contract requirements. At a minimum, the Quality Control Plan shall outline how the quality of work will be monitored, how the crew will be supervised, and who will perform the quality control functions. Contractor shall provide the Contracting Officer with documentation of quality control inspections.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date 52.242-14 Suspension of Work

APR 1984

F.2 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 30 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 by November 15, 2016. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at a mutually agreed upon location.

Designation of Contracting Officer’s Representative

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

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in 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 of a contract claim.

Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

Final Payment. The final invoice must be accompanied by a release of claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB. 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Acontractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H. 2 ORDER OF PRECEDENCE - REQUIREMENTS, SPECIFICATIONS, DRAWINGS

Order of Precedence - Uniform Contract Format (Oct 1997) FAR 52.215-8

H. 3 LANDSCAPE PRESERVATION

Confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Do not allow wash water or waste water from concrete or aggregate operations to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

(c) CREEK CROSSINGS: Schedule and conduct bridge and instream work to minimize disturbance to streams.

1. Do not cross streams without Contracting Officer approval.

Submit a written equipment crossing plan to the Contracting Officer for approval 14 calendar days before creek crossing is planned. Two machine crossings may be permitted for all streams designated on the drawings as fish streams. Outside of this time period, no machine crossings will be permitted if fish eggs are present in the gravel or adult fish are present in the stream; otherwise two machine crossings will be permitted.

3. Limit machine crossings to two times for all live streams not designated on the drawings as fish streams with pipes 48” and larger to be installed.

Do not leave temporary bridges in place between September 15 and March 15, unless approved in advance in writing by the Contracting Officer.

(d) Obtain any necessary permits for floating camps, floats, shore ramps, and other appurtenances associated with project operations from the following State of Alaska and Federal Agencies:

ADNR - Alaska Department of Natural Resources.

ADEC - Alaska Department of Environmental Conservation.

ADGC – Alaska Department of Governmental Coordination.

EPA – US Environmental Protection Agency.

DA, COE – US Army Corps of Engineers.

USCG – US Coast Guard.

H. 4 USE OF PREMISES

(a) Obtain written approval from the Contracting Officer before opening or operating on National Forest land or lands administered by the Forest Service any camp, quarry, borrow pit, storage area, detour, or bypass site, other than SHOWN ON THE DRAWINGS. A camp is interpreted to include the camp site or trailer parking area of any employee working on the project for the Contractor. Such approval, if granted, will be without charge to the Contractor.

(b) Sanitation Facilities: Provide and maintain the following facilities for the work force at the camp, unless provided otherwise.

1. Meet State of Alaska drinking water regulations 18 AAC 80 regarding potable water supplies for drinking, washing and cooking.

2. Comply with State of Alaska wastewater disposal regulations 18 AAC 72 for domestic sewage.

3. Ensure that the design, operation, and maintenance of all solid waste systems under Forest Service jurisdiction meet all Federal, State, and local requirements. Meet State of Alaska solid waste management regulations (18 AAC 60) and Federal regulations contained in 40 CFR 243, 40 CFR 245, 40 CFR 257, and 40 CFR 258. Remove solid wastes and/or residues and dispose of in approved commercial landfills.

4. Meet the requirements of 40 CFR 112 (Oil Pollution Prevention) for fuel storage. Meet the requirements of 33 CFR 150 and 33 CFR 154 for facilities transferrring oil or hazardous materials in bulk.

(c) Do not begin any camp development, either land based or floating, until a plan for development, occupation, and cleanup is submitted and approved by the Contracting Officer. Include the following informationon this plan:

Forest Service will review plan as submitted for completeness and applicability. Proposed modifications of Contractor's plans will be discussed with the Contractor prior to approval. Any modifications agreed upon will be incorporated in a revised set of plans.

H. 5 CONTRACTOR'S USE AND MAINTENANCE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas.

H. 6 NOT USED

H. 7 EMERGENCY CONTROL

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

(c) Fire fighting equipment will be required during the fire season from May 10 to August 31, and during any other period of fire danger designated by the Contracting Officer.

Furnish rust-free fire tools to equip all workers employed in Contractor's operations at each separate work site. Maintain tools in serviceable condition and keep tools in one or more weather-tight fire tools boxes. Paint fire tools boxes red, mark "tools for Fire Only" with letters at least 3” high, and keep sealed. Post a list of the contents inside each fire tool box so as to be visible when opened.

Kind of Tool No. of People Working in Area

1-4 5-9 10-15 16-20 Axe, d.b chopping, 32-inch min. handle Shovels, L.H. R.P., No. 0 or larger Pulaski, 32-inch min. handle File, 10-inch mill bastard Pumps, backpack cans, 5-gal filled with water

Equip each internal combustion engine with a spark arrester qualified and rated USDA-Forest Service, Standard 5100-1, unless it is:

(a) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on a chain saw, which is equipped with screen arrester, as described in the Forest Service Spark Arrester guide.

A spark arrester, which does not meet the requirements in this guide may be approved upon submission of acceptable proof that the arrester is at least 80 percent efficient in retention, attrition, or destruction of carbon particles. Such arrester may be required to meet higher standards as improvements in design and efficiency are discovered.

(c) A passenger-carrying vehicle or light truck intended primarily for use on roads, and equipped with a factory designed muffler and exhaust system.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Properly install and constantly maintain in serviceable condition all exhaust equipment described in this Subsection, including spark arresters and mufflers.

Equip each unit of mobile or stationary power equipment, including trucks, with one shovel, and at least one fire extinguisher meeting one of the following specifications:

1. 2-1/2 pound size or larger dry chemical type.

2. 4-pound size or larger carbon dioxide type.

Test or check each extinguisher for proper functioning prior to the beginning of fire precautionary period.

Provide each gasoline power saw with one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Maintain the extinguisher in good working order at all times.

Do not burn camp refuse, brush, slash, or debris such as that resulting from clearing around camps or on rights-of-way, without the written approval of the Contracting Officer. Submit written requests for burning to the Contracting Officer at least 48 hours in advance of intended burning. The Contracting Officer will approve routine camp refuse disposal incineration in the camp development proposal.

H. 8 CONSTRUCTION STAKES, LINES, AND GRADES

Perform all construction staking and grade establishment, except for the following item(s):

The Government will provide initial reference controls shown on drawings. Additional staking required by, and installed by, the Contractor will be incidental to the construction of the pay item.

H. 9 PROSECUTION OF WORK

Areas of weak ground are crossed on this project. The initial embankment depth shall be as SHOWN ON THE DRAWINGS or determined by the Contracting Officer. Reestablished design grades may be re-staked by the Contracting Officer to meet local conditions. Final grades may be at elevations other than those SHOWN ON THE DRAWINGS, but in no instance will they be lower than that of the surrounding ground elevations. When directed by the CO, return to previously constructed road or trail embankments and place additional borrow material where subsidence has occurred as a result of construction traffic displacing unstable or weak soil underlying the area.

H. 10 DISPOSAL OF MERCHANTABLE TIMBER

All timber meeting Forest Service merchantability standards logged during prosecution of this contract, remains the property of the Government. Deck logs in the immediate vicinity as directed by CO.

Buck trees in various lengths to obtain the greatest utilization of material meeting the following utilization standards. The Minimum merchantable piece shall be 6” in diameter inside bark at small end, 12 feet in length, have a net scale of 33 1/3 percent of its gross scale for a sawlog or produce not less than 50 percent of its gross volume in firm usable pulp chips.

Trim allowance shall be a maximum of 12” for log lengths up to 40 foot. An additional 2” of trim shall be allowed for each 10 foot of log length over 40 foot.

Use humbolt undercut in felling merchantable timber. Buck all limbs flush with merchantable logs.

All dead trees which are sufficiently tall to reach the roadbed are designated for cutting. Fell other fire-dangerous dead trees or unstable live trees within 200 foot slope distance of the center line of the road, when marked by the Forest Service.

Cut and use timber designated by the Contracting Officer for construction, without charge.

H. 11 LOCAL MATERIAL SOURCES

No designated rock sources for this project are provided by the Government. Contractor shall obtain from commercially available sources.

H .12 OPTIONAL ITEMS

Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate offers for award by adding the total price for all options to the total price for basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The contractor is to provide all information required in Section B of the solicitation (Supplies or Services Prices/Costs) for all items listed in the base contract and all items listed in the optional work.

The government will provide the contractor with a thirty day written notice of intent to execute the optional item(s). The Government reserves the right to exercise the optional item(s) until 31 August 2016. The Government may elect to exercise any or all of the options at the discretion of the Contracting Officer. Any option that the Government elects to exercise will include all the work listed under that option.

When the Government exercises optional work, the price provided by the contractor at time of solicitation is the contract price for that work. The Contracting Officer will not modify the Contract Completion Date.

PART II--CONTRACT CLAUSES SECTION I--CONTRACT CLAUSES

I.1 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Whistleblower Rights (APR 2014)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

2 AGAR 452.209-71 Assurance Regarding Felony Convictions or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)

This award is subject to the provisions contained in section As prescribed in 25.1102(d)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

s 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it – does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

I.3 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

Definitions. As used in this clause—

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

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

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

For long-term contracts—

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

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

The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System

(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

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

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

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

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

The Contractor represents that it q is, q is not a small business concern under NAICS Code 237310 assigned to contract number AG-0109-S-16-00xx.

I.4 FAR 52.222-99, Establishing a Minimum Wage for Contractors (DEVIATION 2014-0001) (OCT 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President’s Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be

$10.10 per hour.

The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

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

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

“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—

“Domestic construction material” means—

which nonavailability determinations have been made are treated as domestic; or 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.

(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—

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.

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.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material Domestic construction material

Item 2:

Foreign construction material Domestic construction material [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).]

6 FAR 52.225-11 Buy American—Construction Materials under Trade Agreements (MAY 2014)

Definitions. As used in this clause— “Caribbean Basin country construction material” means a construction material that—