ag-0261-s-08-0031 banks asphalt paving.pdf
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AG-0261-S-08-0031
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
05/23/2008 168526
1 58
1249 S VINNELL WAY SUITE 200
BOISE ID 83709
SW IDAHO-NEVADA ACQUISITION CENTER
08/28/2008
BOISE NATIONAL FOREST
1249 S VINNELL WAY SUITE 200
BOISE
ID 83709
208 373-4150CONTRACTING
06/16/2008 1630 MD
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Banks Access Asphalt Paving and Striping on the Boise National Forest as per the attached specifications
1. RETURN QUOTE TO ADDRESS IN BLOCK 5a., or may be Faxed to (208) 373-4197.
2. SEE SECTION M FOR QUOTE SUBMITTAL INFORMATION.
CONTRACTOR MUST BE REGISTERED IN CCR.
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 58
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
AG-0261-S-08-0031
001 Banks Access Asphalt Paving and Striping
(Insert prices on page 3).
Product/Service Code: Y222
Product/Service Description:
CONSTRUCT/HIGHWAYS-RDS-STS-BRDGS-RA
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 3
SCHEDULE OF ITEMS
SERVICES AND PRICES
BANKS ACCESS ASPHALT AND STRIPING
ITEM
NO.
DESCRIPTION
PAY
UNIT
EST.
QTY.
TOTAL
PRICE
011900-1
Mobilization
Lump Sum
321200-2
3" THICK Hot-Mix Asphalt Paving.
Lump Sum 1
322640-3
Road and Parking Space Markings
Lump Sum 1
Total
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 4
SECTION C – DESCRIPTION / SPECIFICATION / STATEMENT OF WORK
C.1 Scope of Contract
The project consists of placing approximately 350 tons of 3” thick Bituminous Wear Surface and applying approximately 4,050 Lineal Feet of Pavement Markings. Contractor shall verify quantity prior to ordering material.
The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project AS SHOWN ON THE DRAWINGS, discussed in the drawing notes, and as described in the specifications. The work to be completed includes but is not limited to: mobilization; submittals; disposal of waste material; clean-up and other incidental items as shown on the drawings and described in the specifications. Sub-grade preparation will be government furnished and completed prior to start of contracted work.
C.2 Project Location
Banks is located in Boise County, Idaho, approximately 38 miles north of Boise, Idaho, on HWY 55.
C.3 Price Range
The Government's estimate is:
between $25,000 and $100,000.
C.4 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.
C.5 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.
C.6 Specifications List
Work shall be in accordance with the drawings and the following specifications: Specifications are in Section J.
Section 000050 Project Description Section 001025 Measurement and Payment Section 011900 Mobilization Section 013300 Submittal Procedures Section 014500 Quality Control Section 321200 Hot-Mix Asphalt Paving Section 322640 Pavement Markings
The project specifications listed here are included in full text under a separate attachment with this solicitation.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 5
SECTION D – PACKAGING AND MARKING
(For this Solicitation, there are No clauses in this Section)
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 6
SECTION E – INSPECTION AND ACCEPTANCE
E.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 address: www.arnet.gov/far/.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
E.2 Inspection and Acceptance
Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR's designated Inspector. Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.
http://www.arnet.gov/far/
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 7
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 address: www.arnet.gov/far/.
52.242-14 Suspension of Work (APR 1984)
F.2 Contract Time
All work will be accomplished during the normal workweek Monday thru Friday. The Contractor shall begin onsite work after 7/14/2008.
ESTIMATED START DATE CONTRACT TIME
July 14, 2008 45 calendar days
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 8
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 Government Furnished Property
The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.
NONE
G.2 Measurement & Payment
Units of measurement shall be as indicated in the Schedules of Items.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 9
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Crew Leader.
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 10
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
52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)
(Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.227-4 Patent Indemnity -- Construction Contracts (APR 1984) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) http://www.usda.gov/procurement/policy/agar.html
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 11
52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (SEP 2005) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)
(Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
I.2 52.204-7 Central Contractor Registration (JUL 2006)
(a) Definitions. As used in this clause—
“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 12
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.
“Registered in the CCR database” means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b)
(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) 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 or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.
(c) 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) If located within the United States, by calling Dun and Bradstreet at 1-866-705- 5711 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by 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.
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#TopOfPage
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 13
(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).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.
Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)
(1)
(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:
(A) Change the name in the CCR database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
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(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.
I.3 FAR 52.225-9 Buy American Act-Construction Materials (JAN 2005)
(a) Definitions. As used in this clause—
"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—
(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.
"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 nonavailability 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, the District of Columbia, and outlying areas.
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#TopOfPage
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(b) Domestic preference.
(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) 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: 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.
(a) 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.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
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(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American 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.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction 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).]
I.4 FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $100,000)
(a) The Contractor shall submit one of the following payment protections
PAYMENT BOND
IRREVOCABLE LETTER OF CREDIT
CASHIER’S CHECK
(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.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 17
(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.
I.5 AGAR 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.
I.6 Order of Precedence--Construction
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the specifications)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
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SECTION J – LIST OF ATTACHMENTS
J.1 Wage Determination
J.2 Specifications
J.3 Drawings
J.3 Fire Precautions
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J.1 - GENERAL DECISION: ID20080014 02/08/2008 ID14
Date: February 8, 2008 General Decision Number: ID20080014 02/08/2008
Superseded General Decision Number: ID20070021
State: Idaho
Construction Type: Highway
Counties: Ada, Boise, Canyon, Gem and Owyhee Counties in Idaho.
Modification Number Publication Date 0 02/08/2008
* CARP0808-006 01/01/2008
Ada, Boise, Canyon, Gem and Owyhee Counties
Rates Fringes
CARPENTER........................$ 23.92 8.10
If a project is located in more than one zone the lower zone rate shall apply
Zone Differential (add to Zone 1 rate): Zone 2 - $1.50
Zone 1: That area within the State of Idaho located within 30 miles on either side of I-84 from the Oregon-Idaho State Line on the West to the Intersection of I-84 and I-86 in Cassia County, then following I-86 to Pocatello, then following I-15 to Idaho Falls, then following State Highway #20 - 10 miles north to the intersection with Moody Road then following I-15 south from the city of Pocatello to a point 10 miles South of the Southern Boundary of Bannock County extended to the West.
Zone 2: The remaining area of that portion of the State of Idaho south of Parallel 46 (the Washington-Oregon State Line extended eastward to Montana) that is not included in Zone 1 as described above.
* ELEC0291-008 06/01/2007
Ada, Boise, Canyon, Gem and Owyhee Counties
Rates Fringes Cable Splicer....................$ 29.88 3%+$9.04
ELECTRICIAN......................$ 27.16 3%+$9.04
* SUID2006-002 05/25/2006
Rates Fringes Cement Mason/Concrete Finisher (Includes but not limited to hand chipping and patching, all types of grouting and pointing of all concrete constructions, screed setting including screed pins, dry packing of all concrete, plugging and filling of voids, concrete construction, water-proofing of concrete.)...........$ 16.00 5.41
Laborers: (Common)...............$ 14.02 4.66
Laborers: (Concrete laborer (Includes shoveling, wheel barrow work, and clean-up and excludes all finish work using float, trowel, and
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 20 other tools))....................$ 15.50 5.41
Laborers: (Fence Erector)........$ 19.84 8.76
Laborers: (Grade Checker)........$ 13.42 3.86
Laborers: (Guardrail Installation (Excludes the installation of post, but includes the bolting of rail to post))........................$ 19.84 8.76
Laborers: (Pavement Marking & Highway Striping Laborer (Includes loading/unloading paint and beads, equipment cleaning, equipment maintenance))....................$ 26.03 0.00
Painter: (Traffic Control Striper (Striping Equipment Operator)).......................$ 27.50 0.00
Painters:........................$ 21.00 0.00
POWER EQUIPMENT OPERATOR:
(Asphalt Paver (Self Propelled))......................$ 16.85 3.86
POWER EQUIPMENT OPERATOR:
(Asphalt Plant Operator).........$ 17.00 4.25
POWER EQUIPMENT OPERATOR:
(Asphalt Roller).................$ 14.44 3.86
POWER EQUIPMENT OPERATOR:
(Backhoe-Over 3/4 CY)............$ 15.79 3.86
POWER EQUIPMENT OPERATOR:
(Backhoe-Under 3/4 CY)...........$ 21.75 6.97
POWER EQUIPMENT OPERATOR:
(Blade Operator/Motor Patrol)....$ 14.89 3.86
POWER EQUIPMENT OPERATOR:
(Broom)..........................$ 19.58 5.65
POWER EQUIPMENT OPERATOR:
(Concrete Breaker)...............$ 22.13 7.22
POWER EQUIPMENT OPERATOR:
(Concrete Slipform Operator).....$ 16.00 5.41
POWER EQUIPMENT OPERATOR:
(Crane (Over 50 Ton))............$ 24.40 5.97
POWER EQUIPMENT OPERATOR:
(Dragline-Under 3/4 CY)..........$ 21.75 6.97
POWER EQUIPMENT OPERATOR:
(Excavator, Track (Over 3/4
CY)).............................$ 15.79 3.86
POWER EQUIPMENT OPERATOR:
(Grade Roller (Including Sheepsfoot)).....................$ 13.63 3.86
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 21
POWER EQUIPMENT OPERATOR:
(Guardrail Equipment Operator (Includes Punch, Auger and Combination))....................$ 21.75 9.73
POWER EQUIPMENT OPERATOR:
(Loader, Front End & Overhead-Over 4 CY and Including 7 CY)..................$ 21.93 4.48
POWER EQUIPMENT OPERATOR:
(Loader, Front End & Overhead-Over 7 CY)..............$ 13.97 3.86
POWER EQUIPMENT OPERATOR:
(Loader, Front End & Overhead-Up to and including
4 CY)............................$ 15.17 3.86
POWER EQUIPMENT OPERATOR:
(Mechanic, Heavy Duty)...........$ 16.50 5.41
POWER EQUIPMENT OPERATOR:
(Scraper Operator)...............$ 17.27 3.86
POWER EQUIPMENT OPERATOR:
(Screed Operator)................$ 17.01 4.55
POWER EQUIPMENT OPERATOR:
(Service Oiler)..................$ 18.46 5.85
POWER EQUIPMENT OPERATOR:
(Tractor, Rubber Tired-Farm Type)............................$ 20.90 4.48
POWER EQUIPMENT OPERATOR:
(Tractor, Rubber Tired-Using Backhoe).........................$ 16.05 3.86
POWER EQUIPMENT OPERATOR:
(Welder).........................$ 16.00 5.41
Truck drivers: (Dump Truck-Side, End and Bottom (16-32 CY inclusive))............$ 13.00 3.45
Truck drivers: (Dump Truck-Side, End and Bottom and Concrete Mixer (0-16 CY inclusive))......................$ 21.30 0.00
Truck drivers: (Flat Bed, Low Boy, Truck-Hauling Equipment Trailer (40,000 GVW to
106,000 GVW))....................$ 13.81 4.11
Truck drivers: (Pick-UP, Service, Dry Van, Flat Bed and Other (Less than 40,000
GVW))............................$ 18.72 10.52
Truck drivers: (Tank Truck including Water, Fuel, Oil Distributor, Dry Cement (40,000 GVW to 106,000 GVW)).....$ 18.72 9.30
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 22
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates.
Other designations indicate unions whose rates have been determined to be prevailing.
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
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 23
USDA FOREST SERVICE, R-4
BANKS ACCESS ASPHALT AND STRIPING
SECTION 000050 – PROJECT DESCRIPTION
PART 1 - GENERAL
1.1 PROJECT DESCRIPTION
A. Banks is located in Boise County, Idaho, approximately 38 miles north of Boise, Idaho, on HWY 55.
B. Contract time on the project is 45 calendar days. The Contractor shall begin onsite work after 7/14/2008.
C. The project consists of placing approximately 350 tons of 3” thick Bituminous Wear Surface and applying approximately 4,050 Lineal Feet of Pavement Markings. Contractor shall verify quantity prior to ordering material.
The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project AS SHOWN ON THE DRAWINGS, discussed in the drawing notes, and as described in the specifications. The work to be completed includes but is not limited to: mobilization; submittals; disposal of waste material; clean-up and other incidental items as shown on the drawings and described in the specifications. Sub-grade preparation will be government furnished and completed prior to start of contracted work.
1.2 MEASUREMENT AND PAYMENT
A. No separate measurement and/or payment will be made for this section. Payment shall be included with work shown in the schedule of items.
PART 2 - PRODUCTS - Not Applicable
PART 3 - EXECUTION
3.1 UTILITIES
A. Not Applicable
3.2 COORDINATION OF WORK
A. Contractor shall maintain access to and around the site during the entire project and shall be responsible for submitting a proposed work access plan and work schedule to the Contracting Officer for approval 7 days prior to any ground application activities. The schedule shall be planned to minimize the disruption of local traffic on County maintained road that runs through project area.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 24
B. Contractor’s activities shall not interfere with Forest Service, Idaho Transportation Department, and Boise County operations. Contractor shall limit noisy construction operations to between 7 a.m. and 6 p.m. Monday through Friday. The Contractor shall submit a request in writing to the Contracting Officer for approval if planning to work outside the hours of 7 a.m. to 6 p.m. Monday through Friday.
C. No onsite camping is allowed. Contractor may use a temporary staging area to be delineated by the Contracting Officer.
3.3 ALL OTHER PRODUCTS AND EXECUTION
A. Work shall be in accordance with the drawings and the following specifications:
Section 000050 Project Description Section 001025 Measurement and Payment Section 011900 Mobilization Section 013300 Submittal Procedures Section 014500 Quality Control Section 321200 Hot-Mix Asphalt Paving Section 322640 Pavement Markings
The project specifications listed here are included in full text under a separate attachment with this solicitation.
END OF SECTION 000050
APRIL 2008
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 25
BANKS ACCESS ASPHALT AND STRIPING
SECTION 001025 - MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.1 SUMMARY
A. Measurement and payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work, labor, materials, equipment, and incidentals necessary to successfully complete the project will be considered as included in the payment for items shown. This section defines the method of measurements and basis of payment for work items listed in the Schedule of Items.
B. When more than one class, size, type, thickness, etc. is specified in the Schedule of Items for any pay item, suffixes will be added to the item number to differentiate between the pay items.
1.2 DETERMINATION OF QUANTITIES
A. The following measurements and calculations shall be used to determine contract quantities for payment.
1. For individual construction items, longitudinal and lateral measurements for area computations shall be made horizontally or corrected to horizontal measurement unless otherwise specified. Measurements for geotextiles, netting and erosion control blankets shall be along slope lines.
2. For excavation or embankment volumes, the average end area method shall be used to compute volumes. However, if in the judgment of the Contracting Officer (CO), the average end area method is impractical, measurement shall be made by volume in hauling vehicles or by other three-dimensional methods.
3. For Structures, they shall be measured according to neat lines shown on the drawings or as altered by the CO, in writing, to fit field conditions.
4. For items that are measured by the linear foot, such as pipe culverts, fencing, guardrail, piping, utilities, and underdrains, measurements shall be made parallel to the base or foundation upon which the structures are placed.
5. For aggregates weighed for payment, the tonnage shall not be adjusted for moisture content, unless otherwise provided for.
6. For standard manufactured items (such as fence, wire, plates, rolled shapes, pipe conduits) identified by gauge, weight, section dimensions, and so forth, such identifications shall be considered the nominal weights or dimensions. Unless controlled by tolerances in cited specifications, manufacturer's tolerances shall be accepted.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 26
B. Earthwork Tolerances - Adjustments of horizontal or vertical alignment, within the tolerances specified in this contract, or shifts of balance points up to 100 feet shall be made by the contractor as necessary to produce the designed sections and to balance earthwork. Such adjustments shall not be considered as "Changes."
1.3 UNITS OF MEASUREMENT
A. Payment shall be by units defined and determined according to U.S. Standard measure and by the following:
1. Acre: Make longitudinal and transverse measurements for area computations horizontally.
2. 94lb Bag: Measurement will be for the actual number of 94lb bags of standard cement or grout.
3. Cubic Yard (CY): A measurement computed by one of the following methods:
a. Excavation, Embankment, or Borrow. The measurement computed by the average end area method from measurements made longitudinally along a centerline or reference line.
b. Material in Place or Stockpile. The measurement computed using the dimensions of the in-place material.
c. Material in the Delivery Vehicle. The measurement computed using measurements of material in the hauling vehicles at the point of delivery. Vehicles shall be loaded to at least their water level capacity. Leveling of the loads may be required when vehicles arrive at the delivery point.
4. Each (EA): One complete unit, which may consist of one or more parts.
5. Gallons (GAL): The quantity shall be measured by any of the following methods:
a. Measured volume in container.
b. Metered volume by approved metering system.
c. Commercially package volume.
6. Hour (HR): Measurement will be for the actual number of hours (or fraction thereof) ordered by the Contracting Officer and performed by the contractor.
7. Linear Foot (LF): Measurement of work along its length from point-to-point; parallel to the base or foundation. Do not measure overlaps.
8. Lump Sum (LS): One complete unit.
9. Mile: Measured horizontally along the centerline of each roadway, approach, or ramp.
10. Pound (LB): For sacked or packaged material, measurement will be the net weight as packed by the manufacturer.
11. Square Foot (SF): Measured on a plane parallel to the surface being measured.
12. Square Yard (SY): Measured on a plane parallel to the surface being measured.
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 27
13. Ton: Measured as a short ton consisting of 2,000 pounds.
1.4 METHOD OF MEASUREMENT
A. One of the following methods of measurement for determining final payment is designated on the Schedule of Items for each pay item:
1. ACTUAL QUANTITIES (AQ) - These quantities are determined from actual measurements of completed work.
2. DESIGNED QUANTITIES (DQ) - These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units shown in the Schedule of Items may be authorized under any of the following conditions:
a. As a result of changes in the work authorized by the CO.
b. As a result of the CO determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.
c. As a result of the Contractor submitting to the CO a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.
3. LUMP SUM QUANTITIES (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They shall not be measured.
4. STAKED QUANTITIES (SQ) - These quantities are determined from staked measurements prior to construction.
5. VEHICLE QUANTITIES (VQ) - These quantities are measured or weighed in hauling vehicles.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION 001025
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 28
BANKS ACCESS ASPHALT AND STRIPING
SECTION 011900 - MOBILIZATION
PART 1 - GENERAL
1.1 SUMMARY
A. Mobilization: This item is intended to compensate the Contractor for operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for payment of premiums for bonds and insurance for the project; and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site and for which payment is not otherwise provided for under the contract.
1.2 MEASUREMENT AND PAYMENT
A. Measurement shall be as shown in the Schedule of Items. The quantity measured shall be paid for at the Lump Sum as shown in the Schedule of Items. All other work and materials shall be considered as included in the payment for items shown.
B. Basis of Payment:
1. Bond premiums will be reimbursed after receipt of the evidence of payment.
2. 50% of the lump sum, not to exceed 5% of the original contract amount, will be paid following completion of 5% of the original contract amount not including mobilization and bond premiums.
3. Payment of the remaining portion of the lump sum, up to 10% of the original contract amount, will be paid following completion of 10% of the original contract amount not including mobilization and bond premiums.
4. Any portion of the lump sum in excess of 10% of the original contract amount will be paid after final acceptance.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION 011900
RFQ – AG-0261-S-08-0031 Banks Asphalt Paving and Striping Page 29
BANKS ACCESS ASPHALT AND STRIPING
SECTION 013300 - SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals.
B. See other specification sections within this package for additional requirements on submittals.
1.2 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.
1. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination.
a. The Contracting Officer (CO) reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.
B. Processing Time: Allow enough time for submittal review, including time for re-submittals, as follows. Time for review shall commence on CO's receipt of submittal.
1. Initial Review: Allow 7 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. CO will advise Contractor when a submittal being processed must be delayed for coordination.
2. If intermediate submittal is necessary, process it in same manner as initial submittal.
3. Allow 14 days for processing each re-submittal.
4. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing.
C. Identification: Place a permanent label or title block on each submittal for identification.
1. Indicate name of firm or entity that prepared each submittal on label or title block.
2. Provide a space on label or beside title block to record Contractor's review and approval markings and action taken by CO.
3. Include the following information on label for…
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