CompleteSolicitation.pdf
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- Acid Waste Drain System Repair Federal contract opportunity
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- AG-04T0-S-15-0041
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Complete Solicitation
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REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 82
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
AG-04T0-S-15-0041 July 6, 2015 736626 UNDER BDSA REG. 2
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date)
Siuslaw National Forest ATTN: Contracting 3200 SW Jefferson Way Corvallis, OR 97331
As specified within
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)
AREA CODE NUMBER 9. DESTINATION
Contracting
Technical
8. TO:
750-7113
891-5217
a. NAME OF CONSIGNEE
a. NAME b. COMPANY b. STREET ADDRESS Siuslaw National Forest
c. STREET ADDRESS c. CITY 3200 SW Jefferson Way
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Corvallis OR 97331
10. . PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS
August 4, 2015 @ 1600 local time
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.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Acid Waste Drain System Repair
PNW Research Station Corvallis Forestry Sciences Laboratory
The Government’s estimate is less than $25,000
Return the small packet intact to the address in block 5a or by fax to 541-750-7236
See
Attached
Requirements
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION a. NAME OF QUOTER
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 18-121 STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AG-04T0-S-15-0041
SCHEDULE OF ITEMS
PNW Research Station
Acid Waste Drain System Repair Benton County, Oregon
The bidder must bid on all items.
Note: If bidder does not intend to charge for a bid item, a price of “0” or “NO COST” should be shown.
If the price is left blank or shown as “No Bid,” the entire bid may be considered Non-Responsive.
PAY
ITEM #
DESCRIPTION
MM
UNIT
EST
QUANTITY
UNIT
PRICE
TOTAL
001900-1 Mobilization LSQ L.S. 1
017320-1 Selective Demolition
LSQ
L.S.
221319-1 Waste Water Disposal & Acid Waste Drainage
System
LSQ
L.S.
GRAND TOTAL FOR ALL ITEMS:
DUNS Number
Email Address
The estimated start work date is 08/17/15. All work shall be completed by November 13, 2015
BASIS OF AWARD: One contract will be awarded to the responsive and responsible bidder offering the lowest total acceptable bid. Where extended unit prices do not agree with totals for subtotals shown by Bidder, the unit prices shall govern except as provided under Federal Acquisition Regulations 14.406, Mistakes in Bids.
Quoters must respond to the other factors as described under Section M. Award will be made on the best value for the Government. Quotations shall be submitted for the total item. Quotations for less than the total item will not be considered.
An organized site visit has been scheduled for July 16th at 10:30 am
Participants should meet in the reception area of the Forestry Sciences Laboratory, 3200 SW Jefferson Way, Corvallis
For additional information, please contact Robert Avila at 360-891-5217.
NOTE
No award will be made to a Contractor not registered in the System for Award Management (SAM). The website for SAM is www.sam.gov. SAM has replaced CCR and ORCA.
http://www.sam.gov/
C-1 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 referenced in Section J.
Work includes: Remove existing sanitary waste piping from rooms 375, 379 and 382, plus from hallway mounted eye wash/emergency shower located near room 379. Replace sanitary waste piping with acid resistant sanitary waste piping from sink/cup sink strainers to existing cast iron collection raiser. Most of the sanitary waste pipe can be accessed from floor below work areas. Access to cup sink sanitary waste lines is though bottom area of existing fume hoods. Dry wall may need to be cut and repaired to access pipes in wall cavities. Repairs to dry wall is considered incidental to installation of new acid resistant sanitary waste piping.
C-2 PROJECT LOCATION
3200 SW Jefferson Way Corvallis, OR 97331
C-3 SPECIFICATIONS
AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR
PART 101-29 (FAR 52.211-1) (AUG 1998)
(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--
GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(b) If the General Services Administration, Department of Agriculture, or Department of Veterans
Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.
(End of provision)
AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM
DESCRIPTIONS (FAR 52.211-3) (JUN 1988)
The specifications cited in this solicitation may be obtained from:
Specification Address
ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103
(215) 199-5462
AASHTO Standards American Association of State Highway and
Transportation Officials 341 National Press Building Washington, D.C. 20024
The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.
(End of clause)
C-4 SUBMITTALS
Submittals shall include the following unless otherwise required in the specification:
1. Date and revision dates.
2. Project name and contract number.
3. Names of Contractor, subcontractor, supplier, and manufacturer.
4. Specifications section number.
5. Field dimensions and relation to adjacent structures.
6. Applicable standards such as ASTM or Federal Specifications.
7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.
C-5 PRODUCT SAMPLES AND/OR SUBMITTALS
The following product samples and/or submittals are required for this project:
Title Referenced by Time of Government Approval
Specification No After Submittal None
C-6 SHOP DRAWINGS
The following shop drawings shall be submitted on this project:
Title Referenced by Specification No
Time of Government Approval After Submittal
C-7 MATERIAL CERTIFICATIONS AND TESTING REPORTS
The following material certifications and/or testing reports shall be submitted on this project:
Title Referenced by Specification No
Time of Government Approval After Submittal
C-8 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73
(FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E--INSPECTION AND ACCEPTANCE
E-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-1 Contractor Inspection Requirements (APR 1984)
E-2INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at project location.
E-3INSPECTION AND TESTING PERFORMED BY GOVERNMENT
The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.
E-4CONFORMITY 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.
http://www.arnet.gov/far/
SECTION F--DELIVERIES OR PERFORMANCE
F-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
52.242-14 Suspension of Work (APR 1984)
F-2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)
(APR 1984)
The Contractor shall be required to (a) commence work under this contract within 30 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 times listed below. The time stated for completion shall include final cleanup of the premises.
F-3 PERIOD OF CONTRACT
Item Estimated Beginning Date Contract Time (Calendar Days)
ALL August 17, 2015 90 Days
F-4 SUSPENSIONS OF WORK 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 be 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 http://www.arnet.gov/far/
Contractor shall be responsible for correcting any damage caused by its 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 an equitable adjustment.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at: the Corvallis Forestry Sciences Laboratory, 3200 SW Jefferson Way, Corvallis, OR.
G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE
The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting
Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 POTENTIAL SAFETY HAZARDS
(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.
(b) The following checked activities have been identified by the Government as potential safety hazards.
[ ] Confined space entry.
[ ] Temporary excavation/deep trenching/slope stability.
[ ] Tree falling.
[x] Fall hazard from work heights exceeding six feet.
[ ] Blasting.
[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.
[ ] Heavy equipment operation.
[ ] Tree climbing and/or tower climbing.
[ ] Fire hazards.
[x] Hazardous materials handling.
[x] Electrical hazard.
[ ] Hydraulic and/or pneumatic and/or other high pressure hazards.
[ ] Mechanical hazards such as pulleys, springs, etc.
[ ] Other
H-2 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)
(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.
(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting
Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges.
Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.
Utilities Available Rate to be Charged Restrictions on Use Electrical None for contract purposes Water None for contract purposes Sanitation None for contract purposes
H-3 LIQUIDATED DAMAGES--CONSTRUCTION (FAR 52.211-12) (APR 1984)
(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $1000.00 each day of delay.
(b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work.
(c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted.
H-4 PRODUCT SUBSTITUTION
Any modification of 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.
H-5 PROSECUTION OF WORK
(a) Construction activity shall be limited to the hours between 7:30 a.m. and 4:30 p.m., Monday through Friday, unless other hours are approved in writing by the Engineer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.
(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.
H-6 FINAL CLEANUP
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 old pipe, dry wall material, garbage, etc. 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.
H-7 PROTECTION OF CULTURAL RESOURCE
Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified.
Discovery of such areas or objects by either party shall be promptly reported to the other party.
Contractor shall protect <> all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.
Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.
H-8 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE
SPECIES
Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Drawings and identified on the ground.
Measures needed to protect such areas have been included elsewhere in this contract or are as follows:
If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.
H-9 METHODS OF MEASUREMENT
One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:
(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:
(1) As a result of changes in the work authorized by the Contracting Officer.
(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.
(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more.
The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.
(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.
(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.
(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.
(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.
H-10 STATE ELECTRICAL INSPECTION AND COUNTY BUILDING PERMITS
The Government will obtain the State Electrical inspection. The Contractor shall not obtain an electrical permit or any other building permit or inspection.
Federal law [validated by the State Attorney General, Oregon Department of Justice] verify that the Federal Government and its Contractors may be exempted from State/Local Building Permits and Fees for projects located on Federal Installations [including all federal lands]. Contractor State Licenses will not be jeopardized by following this requirement to avoid the State/County permit system. This applies to the prime Contractor and all subcontractors.
H-11 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.
Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (Applicable if contract exceeds $30,000)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (MAY 2012) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY
2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY
2014) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html http://www.usda.gov/procurement/policy/agar.html
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 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (SEP 2009) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (MAY 2014) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986) 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 (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
(APR 1984)
52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)
Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAY 2014) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)
(Applicable if contract is over $30,000) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
I-2 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(FAR 52.219-28)(JUL 2012)
(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.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].
I-3 BUY AMERICAN -CONSTRUCTION MATERIALS (FAR 52.225-9)(MAY 2014)
(a) Definitions. As used in this clause--
“Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
http://www.sba.gov/content/table-small-business-size-standards
(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 46 U.S.C. 40102(4), 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 into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(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 statute 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 statute 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 statute.
(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 statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.
However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(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).]
(End of Clause)
I-4 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS (52.232-40) (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
I-5 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6)(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’s Acquisition Regulation (48 CFR Chapter
4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
I-6 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS
FOR CORPORATE APPLICANTS (AGAR 452.209-71) ALTERNATE 1
(FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.
No. 112-74), Division E, Sections 433 and 434 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.
(End of Clause)
I-7 COSTING OF CLAIMS OR MODIFICATIONS
The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being costed, or of similar equipment. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.
I-8 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), i.e., Sections A, B, D, E, F, G, and H.
(2) Representations and other instructions, i.e., Sections K, L, and M.
(3) Contract clauses, i.e., Section I.
(4) Other documents, exhibits, and attachments, i.e., Section J.
(5) Special Project Specifications.
(6) Standard Specifications, i.e., Section C (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.
I-9 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE
As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.
I-10 PAYMENTS FOR INCIDENTAL 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 incidental to and included in the payment for items shown.
I-11 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.
I-12 RETURN OF PERFORMANCE AND PAYMENT BONDS
Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.
I-13 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES
It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished.
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