AG-0261-S-14-0101_STANLEY_WINDOW_CHINKING_PROJECT_2014.pdf
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- STANLEY WINDOW CHINKING PROJECT 2014 Federal contract opportunity
- Solicitation number
- AG-0261-S-14-0101
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| AMENDMENT_2.pdf | ||
| AMENDMENT_1.pdf | ||
| SUPPORT_DOCUMENT_C_WORKERS_COMPENSATION_FORM_STANLEY_WINDOW_CHINKING_PROJECT_2014s.pdf | ||
| SUPPORT_DOCUMENT_A_STANLEY_WINDOW_CHINKING_PROJECT_2014s.pdf | ||
| SUPPORT_DOCUMENT_B_DRAWINGS_STANLEY_WINDOW_CHINKING_PROJECT_2014s.pdf |
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REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ XX IS IS NOT A SMALL BUSINESS SET- ASIDE 1 37
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
AG-0261-S-14-0101 08/05/2014 704764 UNDER BDSA REG. 2
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date)
SW IDAHO-NEVADA ACQUISITION CENTER
ATTN: KAREN MORTHLAND
1249 SOUTH VINNELL WAY, SUITE 200
BOISE ID 83709
See Contract Time
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER X OTHER (See Schedule)
AREA CODE NUMBER 9. DESTINATION
KAREN MORTHLAND
***** DUWAYNE KIMBALL
373-4115 737-3207
a. NAME OF CONSIGNEE
8. TO: Section C - Location & Description
a. NAME b. COMPANY b. STREET ADDRESS
c. STREET ADDRESS c. CITY
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
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
08/18/2014 1200 MDT
submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(a) (b) (c) (d) (e) (f)
STANLEY WINDOW CHINKING PROJECT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT (%) (%) NUMBER PERCENTAGE
NOTE: Additional provisions and representations X are are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF
a. NAME OF QUOTER SIGN QUOTATION QUOTATION
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER
NSN 7540-01-152-8084
Previous edition not usable
18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 2 of 37
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
SAWTOOTH NATIONAL RECREATION AREA
STANLEY OFFICE WINDOW REPLACEMENT & CHINKING PROJECT
ITEM
NO. DESCRIPTION
METHOD
OF MEAS UNIT QUANTITY
UNIT
PRICE
TOTAL
AMOUNT
Base Bid
079005-1 Stanley Ranger Station Office Chinking and Staining
LSQ
LS
$ XXXXX
085413-1
Fiberglass Windows Q & R on Window Schedule
TOTAL BASE $ XXXXX $
Option BID ITEM #1
085413-2
Fiberglass Windows O & P on
TOTAL OPTION BID ITEM 1 $ XXXXX $
Option BID ITEM #2
085413-3
Fiberglass Windows M & N on
TOTAL OPTION BID ITEM 2 $ XXXXX $
Option BID ITEM #3
085413-4
Fiberglass Windows J, K, & L on
TOTAL OPTION BID ITEM 3 $ XXXXX $
Option BID ITEM #4
085413-5
Fiberglass Windows H & I on
TOTAL OPTION BID ITEM 4 $ XXXXX $
Option BID ITEM #5
085413-6
Fiberglass Windows A through G on Window Schedule
TOTAL OPTION BID ITEM 5 $ XXXXX $
Option BID ITEM #6
079005-2 Re-Face Existing Log LSQ LS 1 $ XXXXX $
TOTAL OPTION BID ITEM 6 $ XXXXX $
TOTAL BASE & OPTION
ITEMS
$ XXXXX $
FAR 52.236-7 Permits and Responsibilities (Nov 1991)The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission.
Option Items: The Government reserves the right to award any and all option items until 180 days past the date of initial award.
* Designated Method of Measurement: LSQ- Lump Sum Quantity LS – Lump Sum
TIN:_________________________ DUNS:________________________
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 3 of 37
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 Project Description This project consists of the removal of existing windows and installation of new fiberglass windows, chinking of existing log siding, and staining of the exterior of the building. Some of the above stated work is included as option items. .
C.2 Project Location
The project is located at the Stanley Ranger Station Office located on the Stanley Administrative Site located approximately 4 miles south of Stanley, Custer County, Idaho via State Highway 75.
C.3 Government Cost Estimate, per FAR 36.204, is between $25,000 -$150,000 .
C.4 Specifications
See Section J for the list of Standard Specifications that are incorporated into this solicitation and any resultant contract.
C.5 Drawings
See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.
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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/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements (AUG 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 5 of 37
SECTION F - DELIVERIES OR PERFORMANCE
F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition
52.242-14 Suspension of Work (APR 1984)
F- 2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
Estimated start date is September 8, 2014
The Contractor shall be required to (a) commence work under this contract within 10-calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the base work within 365 days. The time stated for completion shall include final cleanup of the premises.
F- 3 FAR 52.236-1 Performance of Work by the Contractor (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 6 of 37
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H- 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): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.
H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project 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.
H.3 Government Furnished Materials
The Government will provide the following item(s) 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.
H- 4 Incidental Payment Items
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. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.
H- 5 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 compliance with reasonable and customary manufacturing and construction tolerances.
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 7 of 37
H- 6 Samples, Tests, Cited Specifications
Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.
H-7 Prework Conference
Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.
H-8 State of Idaho’s Notice to Offeror
Idaho Workers Compensation Law
(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the contractor must provide (1) evidence that they have the required workers' compensation coverage or, (2) documentation from the State of Idaho exempting the contractor from such coverage.
(b) Contractors should obtain and complete a State of Idaho Certificate of Verification of Workers' Compensation Insurance as documentation of insurance coverage or exemption. These certificates may be obtained from and returned to the Employee Compliance Division of the Idaho Industrial Commission at the following offices:
North Idaho Southwest Idaho 1221 Ironwood Street, Suite 100 317 Main Street Coeur d'Alene, ID 83814 P.O. Box 83720
(208) 769-1565 Boise, ID 83720-0041 Fax No. (208) 769-1465 (208) 334-6032
(800) 950-2110 Fax No. (208) 334-5145 Southeast Idaho 1070 Hiline, Suite 300 Pocatello, ID 83201
(208) 236-6366 Fax No. (208) 236-6040
(c) This certificate of verification shall be fully executed by the contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 8 of 37
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): Federal Acquisition
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Davis-Bacon Act (JULY 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUNE 2010) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JULY 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) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.228-13 Alternative Payment Protections (JULY 2000) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
(MAY 2008)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (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) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 9 of 37
52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 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) 52.236-16 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) Alternate II (APR 1984 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAY 2014) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (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
452.224-70 Confidentiality of Information (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988)
I-2 FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 180 Calendar Days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
I-3 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 10 of 37 be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.
[Contractor to sign and date and insert authorized signer’s name and title].
http://www.sba.gov/content/table-small-business-size-standards
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 11 of 37
I-4 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
(End of clause)
I-5 FAR 52.225-9 Buy American Act--Construction Materials (MAY 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and http://www.biopreferred.gov/ http://www.sam.gov/
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 12 of 37
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, ad defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products.
"Component" means any article, material, or supply incorporated directly into construction materials.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Cost of components" means--
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
"Domestic construction material" means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
"Foreign construction material" means a construction material other than a domestic construction material.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 13 of 37
Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE
(3) The Contracting Officer may add other foreign construction material to the list in paragraph
(b)(2) of this clause if the Government determines that--
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American 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.
(c) Request for determination of inapplicability of the Buy American Act.
(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American 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.
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 14 of 37
(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
I.6 AGAR 452.228-71 Insurance Coverage (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.
Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(End of Clause)
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I-7 FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors(DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
I-8 FAR 52.236-7 Permits and Responsibilities (NOV 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.
I-9 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION): after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
I-10 Order of Precedence--Construction
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the Specifications) (Sections A-H).
(b) The representations and other instructions (Sections K and L).
(c) Contract clauses (Section I).
(d) Special Project Specifications.
(e) General Specifications.
(f) Drawings and Exhibits (Section J).
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PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
Davis-Bacon Act: If this is a contract in excess of $2,000, the Davis Bacon Act requires the Contractor to pay certain minimum wages and benefits to employees working under this contract. These required minimum wages are stated in the attached Wage Decision.
J- 1 Wage Rate Decision No. ID140009 07/18/2014 ID9 (See Pages 17-20)
J- 2 Specifications (See Page 21)
J- 3 Drawings (See Page 22)
J-4 Worker’s Compensation Form (See Page 23)
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J.1 General Decision Number: ID140009 07/18/2014 ID9
Superseded General Decision Number: ID20130012
State: Idaho
Construction Type: Building BUILDING CONSTRUCTION, Including building construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites
County: Blaine County in Idaho.
Modification Number Publication Date 0 01/03/2014 1 01/17/2014 2 01/31/2014 3 02/07/2014 4 06/20/2014 5 06/27/2014 6 07/18/2014
* BRID0003-002 06/01/2014
Rates Fringes
BRICKLAYER.......................$ 26.75 14.73
ELEC0449-005 06/01/2014
Rates Fringes
ELECTRICIAN......................$ 27.33 12.45
IRON0732-002 06/01/2013
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 26.00 17.70+a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's DAy, Thanksgiving Day, Day following Thanksgiving, and Christmas Day.
LABO0155-004 01/01/2014
Rates Fringes
LABORER (MASON
TENDER-Cement/Concrete)..........$ 25.03 11.45
PLUM0296-003 10/01/2013
Rates Fringes
PLUMBER..........................$ 26.00 13.57
ROOF0200-002 06/01/2012
Rates Fringes
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ROOFER...........................$ 21.52 10.70
SHEE0066-038 01/01/2014
Rates Fringes
SHEET METAL WORKER (Excludes HVAC Duct Installation)..........$ 23.75 15.66
TEAM0483-002 01/01/2014
Rates Fringes
TRUCK DRIVER (WATER TRUCK)
GROUP 3.....................$ 23.15 13.55
SUID2010-002 08/08/2012
Rates Fringes
CARPENTER........................$ 23.84 0.00
CEMENT MASON/CONCRETE FINISHER...$ 14.76 2.80
HVAC MECHANIC: DUCT
INSTALLATION.....................$ 23.63 6.63
LABORER: Common or General......$ 14.82 0.00
LABORER: Pipelayer..............$ 14.26 0.00
LABORER: Tamper (Hand Held).....$ 15.00 5.00
OPERATOR: Crane.................$ 27.29 10.53
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 18.96 4.42
PAINTER: Brush, Roller and Spray............................$ 16.12 0.00
TRUCK DRIVER: Dump Truck........$ 17.82 2.18
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 19 of 37 determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates.
0000/9999: weighted union wage rates will be published annually each January.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted
AG-0261-S-14-0101 STANLEY WINDOW CHINKING PROJECT 2014 Page 20 of 37 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
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J.2 Specifications – Stanley Office and Window Replacement and Chinking See Support Document A
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J.3 Drawings – Stanley Office and Window Replacement and Chinking
See Support Document B
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J.4 Workers Compensation See Support Document C
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
K- 1 FAR 52.204-8 -- Annual Representations and Certifications (MAY 2014)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 238990
(2) The small business size standard is $14.0M.
(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 certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
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(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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 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.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 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.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 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.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
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(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.
(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-- Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
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(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
___ (i) 52.219-22, Small Disadvantaged Business Status.
___ (A) Basic.
___ (B) Alternate I.
___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.
___ (v) 52.223-9, with its Alternate I, Estimate of…
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