AG0112S170013SeadcDoorReplac.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

863353

USDA FOREST SERVICE

TONGASS NF PETERSBURG OFFICE

P O BOX 309

PETERSBURG AK 99833

KIM TOLAND 907-772-5804

106/20/2017

AG-0112-S-17-0013

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Southeast Alaska Discovery Center (SEADC)Door Replacement

(a) In strict compliance with the contract, specifications, and drawings.

(b) This is Total Small Business set-aside procurement

(c) Price Range: Between $25,000 and $100,000

(d) Send inquiries about this solicitation to the contracting officer by email to:

kimtoland@fs.fed.us.

(e) Proposals can be faxed (907)772-5894 or emailed kimtoland@fs.fed.us

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

07/11/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

TONGASS NF PETERSBURG OFFICE

P O BOX 309

PETERSBURG AK 99833

KIM B. TOLAND

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0112-S-17-0013

Delivery: 01/29/2018

Delivery Location Code: 011R

USDA FOREST SERVICE

SE ALASKA DISCORERY CENTER

50 MAIN STREET

KETCHIKAN AK 99901-9999 US

FOB: Destination

Period of Performance: 10/01/2017 to 01/29/2018

001 For contract pay items see: Part I The Schedule, Section B Supplies or Services and Prices/Costs, Schedule of Items

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

Sponsored by GSA

FAR (48 CFR) 53.110

SEADC Door Replacement, Solicitation: AG-0112-S-17-0013

Part I The Schedule Section B Supplies or Services and Prices/Costs

Schedule of Items Ketchikan Misty Ranger District

Tongass National Forest

Schedule of Items

Sub- Item Description

Pay Unit Qty Unit Price Total Price

A Main Entry Double Door (model to be submitted in proposal) Ea. 2

B Rear Double Door (model to be submitted in proposal) Ea. 1

C Single Exterior Door (model to be submitted in proposal) Ea. 5

Total

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

Section C - Description and Specifications

1. Scope:

a. The scope of this project includes the repair, maintenance and alteration of the Southeast Alaska Discovery Center. Work includes but not limited to replacement of exterior doors, hardware, frames and automatic openers for the Discovery Center.

b. The intent of the contract is to provide for the complete construction of the project described in the contract.

Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract.

2. Location:

Southeast Alaska Discovery Center (SEADC) 50 Main St.

Ketchikan, Alaska 99901

3. Hours of Operation: Construction will be performed in a manner that minimizes impact to the visitor center operations. Work may be performed on secondary entries during normal SEADC duty hours (Monday through Friday, 8:00 am to 4:30 pm) or as approved by the Contracting Officer (CO). Work on the primary entrance doors will require coordination to ensure one set of doors is always available for egress.

4. Storage of Materials: The Contractor shall not store material and equipment in the work area without approval and coordination with the Government. Materials and equipment approved for storage shall be placed in a safe secure location and shall not hinder service to the equipment. No flammable liquids shall be stored near the equipment. Flammable liquids must be placed in an approved flammable locker.

5. Disposition of Materials: All debris shall be disposed of at an appropriate off-site location by the Contractor.

6. Security: Install temporary enclosures around partially completed areas of construction. As needed, provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security.

7. Warranty: The Contractor shall provide a manufacturer’s warranty. The warranty shall not require any expense to the building owner to satisfy replacement or repair of items supported under the warranty.

8. Government Furnished Property and Services Availability of Utilities:

All reasonable quantities of utilities will be made available to the Contractor from existing sources. Craftspeople skilled in the respective trades shall install any temporary connections in accordance to industry standards, at no cost to the government. Any damage to the Government’s property shall be repaired or replaced by the contractor at contractor’s expense. The contractor shall remove any temporary connections when no longer need for that particular item of work

9. Submittals:

a. Manufacturer cut sheets of all items, materials, (doors, drains) delivered to the owner. Supply hard (printed) copy and PDF format electronic copy.

b. Plan to minimize disruption of visitor center operations during the operating season (May-September) and/or operating hours.

10. Project Description: The Contractor shall provide all management, tools supplies, equipment, and labor necessary for the following services:

a. Replace Doors listed in Project Plans Door Schedule.

b. Provide Panic Hardware, Locking Hardware and Hinges for Replacement Doors.

c. Provide automatic door opening system for two sets of front doors. Automatic door opening system shall open one of the doors with a push button as stated in Section 087113 of the specification. CO will determine which door will have automatic system and where the push button placement will be.

d. Provide necessary environmental sealants and incidental concrete repair to door.

e. Coordinate continuity of building security and security system with the Building Manager and CO.

f. Work shall be completed based on the schedule set by the CO.

11. Safety and Public Notification: The Discovery center will be closed for construction only if necessary and only at the discretion of the CO. A notice of where and when the public might expect closure due to project work will be published in the Ketchikan Daily News and on local radio stations.

12. Damage to Structures: The Contractor shall be held liable for any damage caused by his/her personnel or equipment. The contractor is also liable for damage to any aspect of the building including but not limited to concrete, building openings or facilities. Repair of structures damaged by the Contractor's operations, shall be the Contractor's responsibility at no cost to the Government.

13. Project Specification Table of Contents:

000115 – List of Drawing Sheets 014000 – Quality Requirements 017000 – Execution and Closeout Requirements 017419 – Construction and Waste Management and Disposal 024119 – Selective Demolition 079200 – Joint Sealants 081613 – Fiberglass Doors 087100 – Door Hardware 087113 – Automatic Door Operators SPECIAL NOTE: The above is a list of major specifications applicable to this contract. Other specifications referred to within these specifications (even though not specifically listed) are also fully applicable to the solicitation and any resultant contract.

14. Work Schedule: Contractor shall prepare a written work schedule for CO approval. Schedule shall be submitted and approved before issuance of the notice to proceed.

a. Beginning May 1st through September 30th operating hours are between 0800 and 1930 seven days a week depending on cruise ship schedule. Contractor may work during these hours with the approval of the CO, but must keep operations out of areas not designated as work areas.

b. October 1st through April 30th has reduced operating and visitor hours. This is the preferred time of construction.

15. Traffic Control Schedule for Safe Facility Egress: Contractor shall develop a traffic control plan along with the work schedule for CO approval. Traffic control plan shall address the following issues:

a. Safe facility egress during and outside of normal operating hours including a horn for emergency stop of operations in case work area is needed to address an emergency by Discovery Center Staff.

b. Signage and barriers for work areas

c. Foot traffic control.

d. Safe pedestrian passage throughout the facility during work operations.

16. Use of the Premises and Staging:

a. Contractor shall be allowed a dedicated parking spot in the main parking lot near the entrance to the

Discovery Center. Additional parking shall be provided with approval of the CO if required. Contractor shall ensure that this area remains secure throughout the duration of this contract.

b. Public restrooms in the Discovery Center are available for contractor’s workers during operations.

17. Protection of Existing Improvements

a. Contractor shall protect existing improvements including but not limited to the following:

b. Protect all surfaces outside the working area from damage due to construction activity.

c. Contractor shall repair all damage caused by his operations.

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

1. Federal Acquisition Regulation (48 CFR Chapter 1) Clauses 52.246-12 Inspection of Construction (Aug 1996)

2. Conformity 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.

3. Contractor’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

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses 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, and after 1 October 2017 (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G--Contract Administration Data

1. Design ation of Contracting Of f icer’s Repr esentative:

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

b. 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.

c. 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).

d. 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.

2. 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.

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

a. 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.

b. 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.

c. 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 (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

Other Contracts: The Government may undertake or award other contracts for additional work at or near the site of the work under this contact. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

https://www.ipp.gov/

Part II--Contract Clauses Section I--Contract Clauses

1. Federal Acquisition Regulation (48 CFR Chapter 1) Clauses 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) 52.217-7 Option for Increased Quantity–Separately Price Line Item (MAR 2005) fill in: 1 October 2017 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Requirements and Related Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (JUL 2014) 52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 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) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-9 Buy American -Construction Materials (MAY 2014)

1. Definitions. As used in this clause—

a. “Commercially available off-the-shelf (COTS) item”—

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

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

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

(4) 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

(5) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

b. “Component” means an article, material, or supply incorporated directly into a construction material.

c. “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.

d. “Cost of components” means—

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

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

e. “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—

(3) 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

(4) The construction material is a COTS item.

f. “Foreign construction material” means a construction material other than a domestic construction material.

g. “United States” means the 50 States, the District of Columbia, and outlying areas.

2. Domestic preference.

a. 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.

b. 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

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

(1) 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;

(2) 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

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

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

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(5) (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.

d. 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.

e. 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).

f. 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.

g. 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.

h. 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.

i. 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).]

(End of clause) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.228-13 Alternative Payment Protections (July 2000) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991), Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984), Alternate I (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) 52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (OCT 2014) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.252-2 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 52.253-1 Computer Generated Forms (JAN 1991)

2. Agriculture Acquisition Regulation (48 CFR Chapter 4) Clause 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.

(End of clause) 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.

(End of clause)

4. 452.215-73 Post Award Conference (NOV 1996) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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.

(End of clause) 452.228-70 Alternative Forms of Security (NOV 1996) If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

(End of clause) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

(End of clause) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more then

0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

(End of clause) 452.236-76 Samples and Certificates (FEB 1988) When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

(End of clause)

Part III--List of Documents, Exhibits, and Other Attachments

Section J--List of Attachments

Title Pages Construction Wage General Decision Number: AK170001 05/26/2017 AK1

Experience and Capability Questionnaire, OMB Clearance Number 9000-0142

Drawing Set: SEADC Door Replacement (March 5, 2017) 5

SEADC Door Replacement Project Specification 26

Part IV--Representations and Instructions Section K--Representations, Certifications, and Other Statements of Offerors or Respondents

1. Federal Acquisition Regulation (48 CFR Chapter 1) Provisions 52.203-2 Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-8 Annual Representations and Certifications (Jan 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $36,500,000.

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

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

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

□ (i) Paragraph (d) applies.

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

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583

(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) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation.

This provision applies to solicitation that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 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.

https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1168958 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169013 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169071 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038

(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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 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.

(xxv) 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,…