AG-03R6-S-12-0003 RFQ Package Playground.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 27

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-03R6-S-12-0003 03/29/12

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

USDA – Forest Service Western Montana Acquisition Zone Building 24, Fort Missoula Missoula, MT 59804

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

LYNETTE BAND 406 329-3856 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

April 19, 2012 4:00 pm 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)

Construction of playground area, assmebly and installation of government furnished playground equipment. Aerial FireDepot, 5765 Hwy 10 West, Missoula, Missoula County, Montana.

PLACE YOUR QUOTE IN Schedule of Items, page 2.

FURNISHING QUOTATION:

1...Complete Standard Form 18, 2...Schedule of Items, page 2;

3...Representations & Certifications, …….pages 19 thru 21; , and 4...Experience Questionnaire, 2 pages.

5. Return to the address shown in Block 5a.

and include the “Solicitation No.

AG-03R6-S-12-0003” on the envelope.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

(%) (%) 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

DUNS NO. _____________ TIN NO.___________________

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)

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Aerial Fire Depot – Playground Installation R1 – Forest Service, Regional Office

Missoula County, Montana

1 Schedule of Items:

Pay Item

Description Method of Measure.

Est.

Qty.

Pay Unit

Unit Price

Total Amount

Provide all labor, materials, incidentals required to complete the playground area as described in the Statement of work, plus assemble and install government finished playground equipment.

Job 1 LS XXXX $__________

Total Quote $___________

* Designated Pay Unit: LSQ - Lump Sum Quantities

2 Written Acceptance: Any contract resulting from this solicitation will require written acceptance within 10 days of receipt by the Contractor.

3 Basis of Award: One award will be made. Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, provides the best value to the Government, considering but not limited to, such factors as price, past performance, and capability to accomplish this type of work. The Experience Questionnaire will be used as part of this evaluation.

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DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

4 Project Description and Location

(a) Description of Work. This project is for the professional construction of a playground area, assembly and installation of Government provided playground equipment at the Aerial Fire Depot. Scope of work includes, but is not limited to, the complete installation of a playground area as follows:

(1) Installation of a Geotextile barrier.

(2) Installation of Government provided playground equipment per manufacturer’s recommendations.

(3) Installation of playground edging and playground surfacing.

(4) Transplant an existing tree to new location.

(5) All work shall be in accordance with Plans, Specifications and the Public Playground Safety Handbook, Publication #325, by the U.S. Consumer Product Safety Commission.

(b) Project Location. The project is located at the USDA – Forest Service, Aerial Fire Depot, 5765 Highway 10 West, Missoula, Montana 59802. To get to the project site, exit I-90 at Airway Boulevard. Proceed south on Airway Boulevard to Broadway Road. Turn right at the stop light on Broadway; go west of the Missoula International Airport a 1/2 of a mile. Follow the signs marked “Smokejumper Center”. Take the Second left in to the complex, Fire Cache Way and follow the road around the back of the Missoula Technology and Development Center. Northern Rockies Learning Center is located on the right side of the road, adjacent to the smokejumper training field

OSHA Safety Standards and requirements are mandatory for all project work onsite.

(c) Price Range. The Government estimate is between $0 and $25,000.

(d) Site Visit. No site Visit is planned. (See 39 FAR 52.237-1 Site Visit (APR 1984))

(e) Start Work. It is estimated that work will begin mid-May 2012, or sooner if scheduling is possible.

(f) Period of Performance. (See 12 FAR 52.211-10 Commencement, Prosecution, and

Completion of Work (APR 1984) and 13 AGAR 452.211-74 Period of Performance (FEB 1988))

5. Statement of Work:

I. Professional installation of children playground equipment.

a. Project consists of installing Government furnished playground equipment as stated below.

b. Contractor is responsible for locating all existing sprinkler heads that are within the new playground area. Remove existing sprinkler heads and reroute as necessary so the new sprinklers will be outside of the playground area and coverage of all remaining grass areas is still accomplished. Contractor shall test sprinkler system prior to installing edging or playground surfacing. Contractor shall be accountable for the protection of the premises. Any damage to government property will be returned to its original state proper to the damage, whether the damage is accidental or intentional.

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c. All playground equipment shall be installed prior to the installation of the geotextile fabric, playground surfacing material and edging. Contractor shall take into consideration the depth of the playground surfacing material when setting all of the playground equipment.

d. A non-woven 4 oz. min, polypropylene geotextile fabric shall be installed within the entire area of the playground area and shall be brought up 6 inches on to all interior sides of the edging. Fabric will be allowed to be installed directly over the existing grass surface provided there is a 1% minimum slope for drainage.

e. Contractor shall provide and install 192 linear feet (60 ft x 36 ft) of 4 inches plastic playground border timber edging. The edging shall be 4 feet long (finished) x 12 inches high x 4 inches wide and shall be black high density polyethylene with a 10 year warranty. Edging shall be installed with 30 inch long galvanized spikes and installed according to manufacturer’s recommendations and as shown on the attached Playground Plan. (Attachment C)

f. Playground surfacing shall be an engineered wood fiber product and shall be

“International Playground Equipment Manufacturer’s Association (IPEMA) certified and meet the Public Playground Safety Standards (reference the Public Playground Safety Handbook, Publication #325, U.S. Consumer Product Safety Commission). Surfacing shall comply with ASTM standards F2075 and F1292. Surfacing shall also meet ADA requirements. The surfacing depth shall be filled with a minimum of 12 inches (9 inches minimum compacted) of surfacing material. See attached Playground Plan. (Attachment C) (Print plan on 11”x17” paper for scaling.)

g. The wood chip surfacing shall be evenly distributed within the playground area to meet the 9 inch compacted standard. Contractor shall be required to furnish all equipment for transporting the wood chips from behind the back fence to the playground installation area. No mechanical equipment shall work directly on the geotextile material until the depth of the material is at least 3 inches. It will be necessary to manually spread around playground equipment and in areas the mechanical equipment cannot reach. Best practice for damage control, is not to drive directly on the geotextile fabric or turn sharply on the wood fiber.

h. Contractor shall be responsible for providing all tools necessary to complete the assemble phase of this project. Playground manufacturer has provided all the nails, screws, chains and bolts required for assembly. All installation of play equipment shall be inspected by a certified playground safety inspector upon completion of the project to ensure all equipment was installed in compliance with ASTM playground safety standards. (Standard Consumer Safety Performance for Playground Equipment for Public Use)

i. Contractor is responsible for any damage to the playground equipment that occurs while the equipment is in the Contractor’s possession.

j. Contractor shall minimize the impact to the existing turf and landscape and shall repair and re-sod all areas disturbed by the Contractor’s activities.

k. Contractor shall repair all scratches or damages to the playground equipment with touch up paint and deck patch. Contractor shall submit all tool kits, extra parts and hardware, installation manuals and manufacturer warranties at final inspection

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l. Contractor shall provide a temporary barrier around the jobsite for the duration of the project to help keep the children out and for safety.

m. Contractor shall install playground components in accordance with manufacturer’s installation instructions. The instructions will be provided to the contractor after contract award.

n. Contractor shall install footings as shown on installation drawings, and ensure the components are centered in the footing holes. All components and upright posts must be level and plumb to within 1/8 inch in 3 feet or better. Equipment shall be installed to allow for a finished compacted depth of 9 inches of playground safety surfacing. Each footing hole shall have a minimum of 2 inches of gravel inserted prior to pouring the concrete.

o. Concrete shall have a minimum strength of 4,000 psi and installed in accordance with ACI Standards.

p. Contractor shall maintain all use zones as required by the current US CPSC and

ASTM playground safety standards. Final installation must be in compliance with these standards, and manufacture’s details in all respects. Any equipment found to be out of compliance, including protruding hardware, must be corrected prior to project completion.

q. Access to the work site shall be limited to access to the back gate of the fenced area only. Contractor shall protect existing finished surfaces from traffic of Contractor’s equipment.

r. Contractor is responsible for supplying the concrete, gravel, geotextile barrier, edging, playground surfacing and all equipment for the complete installation of the government supplied playground equipment.

II. Government supplied playground equipment to be installed by Contractor.

(See Attachment B)

a. Proudest Monkey Tree Fort. This includes the double slide, the wave slide, small rock wall and medium bumpy climber. The tree fort will be required to have two anchor footers installed on opposite corners of the structure. These holes should be located right next to the corner posts under or just outside the structure and no less than 36” deep. The chain supplied should be installed tight, with little in any slack, behind the corner knee brace, beneath the surfacing, lag the chain to the bottom of the structure with the 2 button lag heads that are also provided from the supplier. Please see page 18 of the BEARS playground manual for further directions and pictures.

b. Free Standing Tree Hugger. Please see attached diagram for the Tree Hugger installation requirements.

c. Mushroom Hoppers. Requiring the hoppers to be spaced 10 inches apart from edge to edge and a max height of 19 inches for an age group of 2-5 year olds. Would like the heights to be staggered. Some will be higher and lower than others. The use will be for children to be jumping from one to the other. There are 4 mushroom hoppers to be installed.

Please see attached diagram for installation requirements.

d. Mini Mountain. Please see attached instructions for mini mountain installation.

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e. Faux Tree Tunnel. Requires trench to be dug 6” deep by 48” long and tapered back to final grade. Place the tunnel in the trench and back fill against it to the desired depth. The installation manual has the option to use chains to anchor to help prevent theft or vandalism.

This option is required under this contract

f. Free Standing Swing Set. See the attached install diagram for swing set installation.

g. All playground equipment shall be installed in accordance with Manufacturer’s recommendations.

III. Additional Requirements

a. Contractor will need to clean up after themselves nightly, be clean and presentable and provide a porta pottie for contractors use throughout the duration of work on this project, as there are no public facilities available at the site. Children will be attending the school during construction time. Contractor needs to be professional while working around children and staff at the Northern Rockies Learning Center.

b. Technical Director Contact: Kelly Forthofer at (406) 370-6448 or kjforthofer@gmail.com.

c. COR Contact: Bruce Crockett at (406) 329-3161 or brockett@fs.fed.us

6 Product Information: See Attachment C for Playground Installation Requirements

7 Government-Furnished Property:

1 MONKEY TREE FORT

1 SD DOUBLE SLIDE

1 MED BUMPY LOG CLIMBER

1 SM SD WAVE SLIDE

1 SLIDE FOOTER

1 ANGLED CLIMBER

1 SM ROCK WALL

1 WOODEN ROOFS

1 BINOCULARS

1 CAPTAINS WHEEL

1 SM TREE HUGGER

4 ANCHORS

1 BAY SWING SET WITH BELTS

4 CHAIN SAW CARVED MUSHROOMS

1 COM FULL BUCKET

1 FAUX TREE TUNNEL

1 MINI MOUNTAIN

1 FS TREE HUGGER CLIMBER

1 FS WOOD PANEL TIC TAC TOE, (This item was not included in the drawing, but will be included for installation.)

8 Standard Specifications: See Attachments B and C for Specifications that are incorporated into this solicitation and any resultant contract..

mailto:kjforthofer@gmail.com mailto:brockett@fs.fed.us

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9 Drawings:

See Attachment B and C for the Drawings that are incorporated into this solicitation and any resultant contract.

INSPECTION AND ACCEPTANCE

10 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 - https://www.acquisition.gov/far and the Agriculture Acquisition Regulations – www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

DELIVERIES OR PERFORMANCE

11 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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

52.242-14 Suspension of Work (APR 1984)

12 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 after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10 calendar days after contractor has started work on the project. The time stated for completion shall include final cleanup of the premises.

13 AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from date of contract award through date identified in the contract award.

https://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

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SPECIAL CONTRACT REQUIREMENTS

14 Use of Premises: The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

15 AGAR 452.236-77 Emergency Response (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 Contractor 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.

16 Loss, Damage, or Destruction:

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

17 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.

18 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.

19 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

AG-03R6-S-12-0003 Playground Installation Page 9 of 27 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.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

20 Weed-Free Equipment: In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

21 Landscape Preservation:

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. 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, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water 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 not more than that of the stream into which it is discharged.

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Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

22 Pre-work 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.

CONTRACT CLAUSES

23 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2011) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011 52.219-14 Limitations on Subcontracting (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) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-4 Patent Indemnity--Construction Contracts (APR 1984) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002) 52.232-23 Assignment of Claims (JAN 1986)

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52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (OCT

2003) 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) 52.236-5 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 Use and Possession Prior to Completion (APR 1984) 52.236-11 Cleaning Up (APR 1984) 52.236-12 Accident Prevention (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.245-1 Government Property (JUNE 2007) 52.245-9 Use and Charges (JUNE 2007) 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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

24 FAR 52.204-7 Central Contractor Registration (FEB 2012)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked

AG-03R6-S-12-0003 Playground Installation Page 12 of 27 the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) 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

(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.

(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).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used http://fedgov.dnb.com/webform

AG-03R6-S-12-0003 Playground Installation Page 13 of 27 in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227- 2423, or 269-961-5757.

25 FAR 52.219-28 Post-Award Small Business Program Rerepresentation (APR 2009)

(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 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.

https://www.acquisition.gov/

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(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/services/contractingopportunities/sizestandardstopics/.

(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 Online Representations and Certifications Application and its data in the Central Contractor Registration, 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 ORCA, or does not have a representation in ORCA 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].

26 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, 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.

http://www.sba.gov/services/contractingopportunities/sizestandardstopics/

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"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 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;

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(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.

(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 _______ _______ _______

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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).]

27 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.

28 FAR 52.252-4 Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

29 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.

30 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) (Listing 1 through 22).

(b) The representations and other instructions (Listing 32 through 41).

(c) Contract clauses (Listing 23 through29).

(d) Special Project Specifications. (Attachment B & C.)

(e) General Specifications. (Attachment A, B, & C)

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31 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.

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

Attachment A: Wage Rate Decision No. MT120006, dated 1/6/2012, 3 pages.

Attachment B: Specifications, 5 pages.

Attachment C: Drawing, 1 page.

Attachment D: Equipment Exhibits, 1 page.

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REPRESENTATIONS AND INSTRUCTIONS

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

32 FAR 52.204-8 Annual Representations and Certifications (MAR 2012)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $14 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

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

(i) Paragraph (d) applies.

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

(c) (1) The following representations or certifications in ORCA 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

(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 clause at 52.204-7, Central Contractor…