Bell_Bay_Solicitation.pdf
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- AG-02RC-S-13-0120
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Solicitation
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REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 21
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
08/30/2013 656368
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date)
Idaho Panhandle National Forest 3815 Schreiber Way Coeur d’Alene, Idaho 83815
See clause entitled, “Commencement, Prosecution and Competion of Work.”
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION
NAME TELEPHONE NUMBER X OTHER (See Schedule)
Leslie Solberg
AREA CODE
NUMBER
765-7433
9. DESTINATION
Jim Grubb (Technical) 208 265-7385 a. NAME OF CONSIGNEE
8. TO:
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
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)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(a) (b) (c) (d) (e) (f)
Bell Bay Campground Water Distribution Replacement Submit Quotes on Schedule of Items
Quotes are due COB: 09/11/2013
Quotes will be acepted by hard copy mail to block 5(a), Faxed to 208-765- 7229 (Attn: Leslie Solberg) or emailed to lsolberg@fs.fed.us
NOTE: Offerors must be registered in the System for Award Management (SAM) https://www.sam.gov, including Online Representations and Certifications Application (ORCA). See web page:
https://www.acquisition.gov.
NAICS Code: 237110
Simplified Acquisition Procedures limit award to $100,000.00.
Quotations will be kept confidential.
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) https://www.acquisition.gov/
011900 Mobilization 1 LS LSQ
017320 Demolition ‐ Well & Pump (Lower) 1 LS LSQ
221100 Water Distribution System 1" HDPE Pipe 2570 LF AQ
221102 Valve and Valve Boxes (PRV) 4 EA AQ
221140 Underground Boring for Utility Lines 2 LS LSQ
011900
Mobilization
LS
LSQ
221100 Water Distribution System 1" HDPE Pipe (Upper) 780 LF AQ
221102 Valve and Valve Boxes (PRV) 1 EA AQ
011900 Mobilization 1 LS LSQ
017320 Demolition ‐ Interior Plumbing 1 LS LSQ
017320 Demolition ‐ Upper Building 1 LS LSQ
133400 Precast Concrete Utility Building 1 LS LSQ
221103 Plumbing Appurtenances ‐ Interior Plumbing 1 LS LSQ
221107 Campground Hydrants 2 EA AQ
BELL BAY CAMPGROUND WATER DISTRIBUTION
REPLACEMENT IDAHO PANHANDLE NATIONAL FORESTS
KOOTENAI COUNTY,
IDAHO
SCHEDULE OF ITEMS
Contractor must quote on all items.
Quantity Unit Cost Units Totals
Base Item
Optional Item #1 Quantity Unit Cost Units Totals
Total
Optional Item #2 Quantity Unit Cost Units Totals
Total
NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments Under Fixed-Price Construction
Contracts, shall not be in addition to the contract price. Include bond payments under 15101 Mobilization.
TAX ID #___________________________________
DUNS # ____________________________________
EMAIL ____________________________________
DESCRIPTION OF WORK
Furnish all labor, materials, equipment, supervision, and transportation necessary to demolish the upper campground pump house. The installation of new precast concrete pump house, new 1” diameter HDPE water distribution piping, interior piping and controls, valves and 2 campground hydrants to provide water to both the upper and lower campgrounds, as shown on the drawings.
The major items of work include the following:
Item 017320: Demolition of upper campground pump house.
Item 133400: Installation of a pre-cast concrete utility building Item 221100: Construction of the new water distribution system Item 221102: Installation of ball valves, pressure reducing valves and pressure relief valve and boxes Item 221103: Installation of interior plumbing inside the pre-cast concrete utility building.
Item 221120: Installation of a new submersible pump power cable and pump controls and appurtenances.
Item 221140: The boring of sleeves under paved roadways.
PROJECT LOCATION
The project is located in the Coeur d’Alene River Ranger District of the Idaho Panhandle National Forests, Kootenai County, Idaho, in Section 27, T 48 N, R 4 W. It is located approximately 55 miles south of Coeur d’Alene, Idaho. The project may be accessed from Interstate 90 to Highway 3 and Highway 97.
PRICE RANGE
This project is estimated between $25,000 - $100,000
START WORK
It is estimated that work will begin on September 16, 2013. Contract time will run continuously.
Contract work for the Base and Option #1 must be completed by November 1, 2013.
DRAWINGS
The following drawings are a part of this solicitation and any resulting contract:
Title
Title Sheet 1 of 12
Upper – Demolition Plan 2 of 12
Lower – Demolition Plan 3 of 12
Site Plan 4 of 12
Site Plan 5 of 12
Site Plan 6 of 12
Site Plan 7 of 12
Site Plan 8 of 12
Building Plan View 9 of 12
Building Section 10 of 12
Campground Hydrant 11 of 12
Details 12 of 12
PROJECT SPECIFICATIONS
The Project Specifications listed on the Specifications List are applicable to this contract and are physically included at the end of this section.
DIVISION 01 - GENERAL REQUIREMENTS
010100 - Summary of Work 4 pages
011250 – Measurement and Payment 3 pages
011900 – Mobilization 1 page
013300 – Submittal Procedures 5 pages
014100 – Qualtiy Control 3 pages
017320 – Selective Demolition 2 pages
033000 – Cast in Place Concrete 4 pages
DIVISION 13 – SPECIAL CONSTRUCTION
133400 – Precast Concrete Utility Building 3 pages
DIVISION 22 – PLUMBING
221100 – Water Distribution Systems 11 pages
221102 – Curb Valves and Boxes 3 pages
221103 – Plumbing Appurtenances 4 pages
221107 – Water Hydrants 3 pages
221120 – Submersible Well Pumps 2 pages
221140 – Underground Boring for Utility Lines 3 pages
DIVISION 31 – EARTHWORK
311000 – Clearing and Grubbing 3 pages
312000 – Earthwork 9 pages
CONTRACTOR FURNISHED PROPERTY AND SUBMITTALS
The Contractor shall furnish all labor, materials, equipment, supervision, and transportation necessary for the successful completion of the work described in this contract. Prior to beginning work, the Contractor shall submit for approval to the Contracting Officer materials specifications, manufacturer’s installation instructions, and a work schedule.
UTILITIES
Contractor shall be responsible for locating and protecting Public utilities in the project area.
Utilities in the area shall be protected or avoided when encountered. Commercial power and telephone are provided to the host site in the lower campground and commercial power to the upper control building.
PROTECTION OF EXISTING IMPROVEMENTS
Pavement, buildings, and other improvements shall be protected by the Contractor. The Contractor shall be responsible for repairing any damage to improvements.
REMOVAL AND DISPOSAL OF EXISTING MATERIAL
All waste materials generated by the work shall be promptly removed from Government land and properly disposed of by the Contractor.
SPECIAL CONDITIONS
The campgrounds will be closed to the public during the construction period.
FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days (or such other longer period of time as may be mutually agreed to) after the effective date of the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the Base work and Option #1, if awarded no later than November 1, 2013. The time stated for completion shall include final cleanup of the premises. Estimated start work date is September 16, 2013 Quotes are due COB: September 11, 2013
GOVERNMENT FURNISHED PROPERTY
If property is to be furnished, provide a list of the property, indicating the location of the property (where we will be furnishing it) and the date the property will be furnished.
Description Location Date Available
Captive Air Tanks On Site 09/16/13
Water Meter On Site 09/16/13
SUSPENSIONS FOR OTHER THAN GOVERNMENT'S CONVENIENCE
The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property.
Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.
AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at a place mutual agreed between the contracting officer and contractor.
SAMPLES, TESTS, CITED SPECIFICATIONS
Reference made in the contract to specifications, standards, or test methods adopted by AWWA, ASTM, 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.
BARRICADES, WARNING SIGNS, AND OTHER DEVICES
The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.
The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway
Administration and applicable safety codes.
LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS
(a) The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.
(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.
(1) Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to nor more than that of the stream into which it is discharged.
(2) Mechanized equipment shall not be operated in live streams without written approval by the Contracting
Officer.
(c) All petroleum products or other hazardous substances (as defined in 29 CFR 1910.120) shall not be released on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer or their designated representative. The Contractor shall dispose of waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags in accordance with applicable State and Federal regulations and such material shall be transported off government property in accordance with State and Federal regulations.
(1) If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer, and other appropriate agencies.
(2) If the Contractor maintains storage facilities for oil or oil products on the Project Area, the Contractor shall take appropriate preventive measures to ensure that any release of such oil or oil products does not enter on or into land, rivers, streams, and impoundments, or into natural or manmade channels leading thereto and shall conform to the federal, state, and local regulations.
(3) The Contractor shall immediately take action to notify the appropriate agencies (including the Contracting
Officer, or designated representative), contain, and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly, as a result of construction operations. In the event the Government determines that additional resources beyond those of the Contractor's are required, the Contractor may be held liable for all damages and costs of the additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from construction operations.
(4) The Contractor shall notify the Contracting Officer, or designated representative, of any hazardous materials (as defined in 29 CFR 1910.120) to be used on the job and shall have Material Safety Data Sheets (MSDS) for those materials available on the job. All such materials shall be labelled in accordance with federal and state regulations.
CONFORMITY WITH DRAWINGS AND SPECIFICATIONS
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.
A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
C. Government inspections and tests are for the sole benefit of the Government and do not--
1. Relieve the Contractor of responsibility for providing adequate quality control measures;
2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
3. Constitute or imply acceptance; or
4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph
(I) below.
D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
ROAD MAINTENANCE REQUIREMENTS
In order to fulfill the obligation to protect existing facilities, material source, and disposal site access roads from seasonal weather damage, to safeguard soil and water quality, and to repair damage commensurate with his use, the Contractor shall perform road maintenance work on these roads in accordance with the following:
1. While performing ordinary road maintenance work, the Contractor shall avoid permanent fouling of gravel or bituminous surfaces through covering them with earth or debris from side ditches, slides, or other sources. The Contractor shall avoid blading surface material off the surface of roads.
2. While performing all phases of construction, the Contractor shall minimize damage to ditches, slopes and road surfaces. Where damage does occur, the Contractor shall restore the road to its prior condition within a reasonable period of time.
3. The Contractor shall remove all excess materials and debris from asphalt roadways and trails immediately after backfilling has been completed. This may require brooming and hosing down with water.
4. On completion and acceptance of work requirements, including acceptance of road maintenance by the Forest Service, Contractor road maintenance responsibility shall terminate.
5. The contractor shall stay on the existing road prism.
.FINAL CLEANUP
The following is in addition to FAR Clause 52.236-12.
Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the trail construction, all stakes, old culverts, flagging, and similar debris within the project area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.
PUBLIC OFFICIALS NOT PERSONALLY LIABLE
There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.
EMERGENCY RESPONSE (AGAR 452.236-77) (NOV 1996)
(a) Contractor’s Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of existing vegetation, structures, equipment, utilities, and improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contactor or the Contractor’s agents or employees.
(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.
(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.243-4.
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) Special Project Specifications.
(6) Standard Specifications, (including FAR clauses).
(7) (a) Drawings, figured dimensions over scaled dimensions.
(b) Drawings, large scale contract drawings over small scale contract drawings.
(c) Schedules on contract drawings over any conflicting notations on contract drawings.
(8) Shop drawings.
AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (FAR 52.211-3)
(JUN 1988)
Review the following to determine which are needed. The list includes the most commonly used specs.
Specification Address
ACI American Concrete Institution Box 19150 Redford Station Detroit, MI 48219
ASTM Standards American Society for Testing Materials 1916 Race Street Philadelphia, PA 19103
(215) 199-5462
AWWA American Water Works www.awwa.org
The request for specifications should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.
U.S. DEPARTMENT OF AGRICULTURE
SIMPLIFIED ACQUISITION TERMS & CONDITIONS: CONSTRUCTION
The full text of provisions or clauses incorporated by reference may be accessed electronically at:
http://www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at:
http://www.usda.gov/da/procure/agar/subchaph.html#l1
Clause No.
Title Date
52.211-1 Availability of Specifications Listed in the Index of Federal Specifications and Standards AUG 1998
52.211-18 Variation in Estimated Quantity APR 1984
52.213-4 Terms & Conditions--Simplified Acquisitions (Other Than Commercial Items) JUL 2013
52.219-3 Notice of HUBZone Set-Aside or Sole Source NOV 2011
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns JAN 2011
52.219-6 Notice of Total Small Business Set-Aside NOV 2011
52.219-14 Limitations on Subcontracting NOV 2011
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-6 Davis Bacon Act JUL 2005
52.222-7 Witholding of Funds FEB 1988
52.222-8 Payrolls and Basic Records JUN 2010
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance With Copeland Act Regulations 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
52.222-17 Nondisplacement of Qualified Workers JAN 2013
52.222-21 Prohibition of Segregated Facilities ( FEB 1999
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-36 Affirmative Action for Workers with Disabilities OCT 2010
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts JUL 2012
52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997
Alternate I JUL 1995
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug Free Workplace MAY 2001
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
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 JUN 2008
52.225-25 Prohibition on Contracting with Entiites Engaging in Certain Activities or Transactions Relating to Iran Representation and Certifications
DEC 1012
52.227-4 Patent Indemnity—Construction Contracts DEC 2007
52.229-3 Federal, State, and Local Taxes FEB 2013
52.232-5 Payments Under Fixed Price Construction Contracts SEP 2002
52.232-18 Availability of Funds APR 1984
52.232-23 Assignment of Claims JAN 1986
52.232-27 Prompt Payment for Construction Contracts JUL 2013
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 – Alternate I (DEC 1991) JUL 2002
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
Alternate I NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
Alternate I APR 1984
52.236-17 Layout of Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
Alternate I APR 1984
Alternate II APR 1984
52.236-26 Preconstruction Conference FEB 1995
52.242-14 Suspension of Work APR 1984
52.243-5 Changes and Changed Conditions APR 1984
52.244-6 Subcontracts for Commercial Items JUL 2013
52.245-1 Government Property APR 2012
52.245-2 Government Property Installation Operation Services APR 2012
52.246-12 Inspection of Construction AUG 1996
52.246-21 Warranty of Construction MAR 1994
Alternate I APR 1984
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
NUMBER TITLE DATE
452.204-70 Inquiries FEB 1988
452.211-
Attachments to Statement of Work/Specifications FEB 1988
452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts NOV 1996
452.236-71 Prohibition Against Use of Lead Based Paint NOV 1996
452.236-72 Use of Premises NOV 1996
452.236-73 Archaeological or Historic Sites FEB 1988
452.236-74 Control of Erosion Sedimentation and Pollution NOV 1996
452.236-76 Samples and Certificates FEB 1988
452.236-78 Reserved
FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)
(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
(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, as 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 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 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ 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 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
(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 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:
[Contracting Officer to list applicable excepted materials or indicate “none”]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(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.
http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123
(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.
(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).]
52.228-15 – PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (Oct 2010)
(a) Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance Bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/ .
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
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.
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
(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.
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fms.treas.gov/c570/
AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT TAX LIABILITY OR A FELONY CONVICTION - ALTERNATE 1 (FEB 2012)
(a) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that –
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT
STATUS FOR CORPORATE APPLICANTS - ALTERNATE 1
(FEB 2012)
(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.
LIST OF ATTACHMENTS
Title Pages
1. Specifications 65
2. Maps and Drawings 12
3. DOL Wage Decision No. ID130072, 07/26/13 4
4. Idaho Worker’s Compensation Form 4
5. Contractor Evaluation Data Sheets 2
STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (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.
PRODUCT SUBSTITUTION
Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.
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/ www.usda.gov/procurement/policy/agar.html
NUMBER TITLE DATE
52.204-7 System for Award Management JUL 2013
52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2004
Alternate I OCT 1997
Alternate II OCT 1997
52.223-1 Biobased Product Certification MAY 2012
52.223-4 Recovered Material Certification MAY 2008
52.237-1 Site Visit APR 1984
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
NUMBER TITLE DATE
452.204-70 Inquiries FEB 1988
FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013)
(a) Definition. “Data Universal Numbering System (DUNS) number”, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
(b) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
(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) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 https://acquisition.gov/far/current/html/%20http:/fedgov.dnb.com/webform
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and ZIP Code.
(iv) Company mailing address, city, state and ZIP Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
FAR 52.208-4 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110
(2) The small business size standard is 33.5 million
(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,…
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