AG-1484-S-15-0005.pdf
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- WMNF Saco RD Garage Vinyl Siding project Federal contract opportunity
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- AG-1484-S-15-0005
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AG-1484-S-15-0005 Solicitation
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
USDA FOREST SERVICE
ALLEGHENY NATIONAL FOREST
4 FARM COLONY DRIVE
WARREN PA 16365
24H8
ALAN ZERO 814-728-6288
105/28/2015
AG-1484-S-15-0005
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
PROJECT TITLE: WMNF Saco RD Garage Vinyl Siding project
The magnitude of this project is less than $25,000.
The statement of work is included in this solicitation and will be included in the award document.
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 60 calendar days and complete it within ________________ ________________ calendar days after receiving
52.211-10
06/19/2015
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d) azero Typewritten Text x 31
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
USDA FOREST SERVICE
ALLEGHENY NATIONAL FOREST
4 FARM COLONY DRIVE
WARREN PA 16365
24H8
ALAN J. ZERO
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
azero Typewritten Text x 31
AG-1484-S-15-0005
WMNF Saco RD Garage Vinyl Siding Project
White Mountain NF
PART I – THE SCHEDULE
Schedule of Items No. Item Qty Unit Unit Cost Total
1 Mobilization 1 LS 2 Furnish all Labor Materials, Supplies, Tools, Equipment, supervision and Transportation to Repair and trim around on backside around air conditioner
1 LS
3 Furnish all Labor Materials, Supplies, Tools, Equipment, supervision and Transportation to install new vinyl siding, trim and accessories
2628 Sq Ft
4 Demobilization 1 LS Total
Project: Saco Ranger Station Install Vinyl Siding on Garage 33 Kancamagus Highway Conway NH 03818
SECTION C – DESCRIPTION & SPECIFICATIONS
SECTION 01010
SUMMARY OF WORK
PART 1 – GENERAL
1.1 LOCATION
A. This project is located at the Saco Ranger Station, White Mountain National Forest, located at 33 Kancamagus Highway, Conway NH 03818.
1.2 DESCRIPTION OF WORK
A. Furnish all labor,materials, supplies,tools,equipment,supervision and transportation to install new vinyl siding over existing wood siding in accordance with plans and specifications. Work to be accomplished between the months of July to October.
There is a small area over existing wall air conditioner where trim board needs replacement and new flashing.
1.3 WORK HOURS AND PROJECT COMPLETION
A. The office is open 8:00 AM to 4:30 PM Monday thru Friday and all work is to take place during these times.
B. All work shall be completed by October 1, 2015.
1.4. USE OF SITE:
A. Staging area for materials and equipment will be designated by the COR.
B. Electrical power to operate equipment and provide lighting during construction may be obtained from the power sources at no charge to the contractor. The contractor shall replace lamps and other parts damaged or burned out at the completion of work at no additional charge to the government. At the completion of work all parts and materials for temporary electrical service shall be removed form the work site leaving no discernable scars. The contractor shall repair at no cost to the Government all damaged caused by this operation.
C. Toilets- The contractor may use the facilities on site.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: Engage an experienced installer who has completed siding installations similar in material, design, and extent to that indicated for Project that has resulted in construction with a record of successful in-service performance.
B. Source Limitations for Siding and Accessories: Obtain each color, texture, pattern, and type of siding and related accessories from one source with resources to provide products of consistent quality in appearance and physical properties without delaying the work.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in manufacturer's unopened packages or bundles with labels intact.
B. Store materials in a dry, well-ventilated, weather tight place. Comply with manufacturer's written instructions for storage, handling, and protection.
1.7 PROJECT CONDITIONS
A. Weather Limitations: Proceed with siding installation only if existing and forecasted weather conditions permit siding to be installed according to manufacturer's written instructions and if substrate is completely dry.
1.8- SUBMITTALS
A. It will be the Contractor's responsibility to submit all items with such promptness as to cause no delay in the work. Approvals must be obtained before starting work which involves the item. Contractor shall allow 10 days for processing of submittals by the Government.
END OF SECTION 01010
SECTION 061000 - ROUGH CARPENTRY
PRODUCTS
MISCELLANEOUS LUMBER
Miscellaneous Dimension Lumber: No. 2grade with 15 percent maximum moisture content of any species. Provide for nailers, blocking, and similar members.
Concealed Boards: [Eastern softwoods, No. 3 Common: NELMA;] [Northern species, No. 3 Common: NLGA;
with 15 percent maximum moisture content.
MISCELLANEOUS PRODUCTS
Fasteners: Size and type indicated. Where rough carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners [with hot-dip zinc coating complying with ASTM A 153/A 153M] Power-Driven Fasteners: CABO NER-272.
EXECUTION
INSTALLATION
Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Locate nailers, blocking, and similar supports to comply with requirements for attaching other construction.
Framing Standard: Comply with AF&PA's WCD 1, "Details for Conventional Wood Frame Construction," unless otherwise indicated.
Securely attach rough carpentry to substrates, complying with the following:
CABO NER-272 for power-driven fasteners.
Published requirements of metal framing anchor manufacturer.
[Table 2304.9.1, "Fastening Schedule," in the IBC] [Table R602.3(1), "Fastener Schedule for Structural
Members," and Table R602.3(2), "Alternate Attachments," in ICC's International Residential Code for One- and Two-Family Dwellings].
END OF SECTION 061000
SECTION 074633 - PLASTIC SIDING
PART 1 - GENERAL
1.1 SECTION REQUIREMENTS
A. Submittals: Product Data, Samples, and ICC-ES evaluation reports.
B. Definitions: Recycled Content: The recycled content shall be determined by weight.
1. Postconsumer" material is defined as waste material that is generated by end users of the product and that can no longer be used for its intended purpose.
2. Preconsumer" material is defined as material diverted from the waste stream during the manufacturing process. Excluded is reutilization of materials such as scrap generated in a process that is reclaimed in the same process that generated it.
C. Warranties: Manufacturer's standard from in which siding manufacturer agrees to repair or replace siding that fails in materials or workmanship within minimum 25 years. Failures include, but are not limited to, cracking, deforming, fading, or otherwise deteriorating beyond normal weathering.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Vinyl Siding: ASTM D 3679, integrally colored.
Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: Horizontal Pattern: 7-inch exposure in beaded-edge style. Minimum Profile Depth (Butt Thickness): 5/8 inch.
Alside.
CertainTeed Corporation.
Exterior Portfolio; Crane.
Gentek Building Products, Inc.
Heartland Siding; a ProVia company.
Kaycan Ltd.
Mastic Home Exteriors; PLY GEM Siding Group.
Mitten Inc.
Norandex Building Materials Distribution, Inc.
RMC Siding.
Royal Building Products.
Variform, Inc.
B. Vinyl Soffit: ASTM D 4477, integrally colored.
Manufacturers: Subject to compliance with requirements, [provide products by the following] [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]:
Alside.
CertainTeed Corporation.
Exterior Portfolio; Crane.
Gentek Building Products, Inc.
Heartland Siding; a ProVia company.
Kaycan Ltd.
Mastic Home Exteriors; PLY GEM Siding Group.
Mitten Inc.
Norandex Building Materials Distribution, Inc.
RMC Siding.
Royal Building Products.
Variform, Inc.
Pattern: 10-inch exposure in V-grooved, double, 5-inch -board style.
Ventilation: Provide perforated soffit. Minimum Profile Depth: 5/8 inch.
C. Siding Accessories, General: Provide starter strips, edge trim, outside and inside corner caps, and other items as recommended by siding manufacturer for building configuration.
1. Provide accessories made from same material as adjacent siding unless otherwise indicated.
D. Decorative Accessories: Provide the following vinyl decorative accessories as indicated:
1. Corner posts.
2. Door and window casings.
3. Entrance and window head pediments.
4. Pilasters.
5. Louvers.
7. Lattice.
8. Fasciae.
9. Moldings and trim http://www.specagent.com/Lookup?ulid=11459 http://www.specagent.com/Lookup?uid=123456980530 http://www.specagent.com/Lookup?uid=123456980531 http://www.specagent.com/Lookup?uid=123456980532 http://www.specagent.com/Lookup?uid=123456980533 http://www.specagent.com/Lookup?uid=123456980534 http://www.specagent.com/Lookup?uid=123456980535 http://www.specagent.com/Lookup?uid=123456980536 http://www.specagent.com/Lookup?uid=123456980537 http://www.specagent.com/Lookup?uid=123456980538 http://www.specagent.com/Lookup?uid=123456980539 http://www.specagent.com/Lookup?uid=123456980540 http://www.specagent.com/Lookup?uid=123456980541 http://www.specagent.com/Lookup?ulid=11460 http://www.specagent.com/Lookup?uid=123456980542 http://www.specagent.com/Lookup?uid=123456980543 http://www.specagent.com/Lookup?uid=123456980544 http://www.specagent.com/Lookup?uid=123456980545 http://www.specagent.com/Lookup?uid=123456980546 http://www.specagent.com/Lookup?uid=123456980547 http://www.specagent.com/Lookup?uid=123456980548 http://www.specagent.com/Lookup?uid=123456980549 http://www.specagent.com/Lookup?uid=123456980550 http://www.specagent.com/Lookup?uid=123456980551 http://www.specagent.com/Lookup?uid=123456980552 http://www.specagent.com/Lookup?uid=123456980553
PART 3 - EXECUTION
3.1 INSTALLATION
A. Install vinyl siding and soffit and related accessories according to ASTM D 4756.
1. Install fasteners for horizontal vinyl siding no more than 16 inches on center or as recommended by manufacturer. Noncorrosive aluminum siding nails, in sufficient length to penetrate a minimum of 1 inch into substrate. Provide prefinished fasteners in color to match siding where face nailing is unavoidable.
B. RECYCLING WASTE
General: Recycle paper and beverage containers used by on-site workers.
Packaging:
Cardboard and Boxes: Break down packaging into flat sheets. Bundle and store in a dry location.
Polystyrene Packaging: Separate and bag materials.
Pallets: As much as possible, require deliveries using pallets to remove pallets from Project site. For pallets that remain on-site, break down pallets into component wood pieces and comply with requirements for recycling wood.
Crates: Break down crates into component wood pieces and comply with requirements for recycling wood.
END OF SECTION 074633
SECTION 079200 - JOINT SEALANTS
PART 1- GENERAL
1.1 SECTION REQUIREMENTS
A. Submittals: Product Data B. Environmental Limitations: Do not proceed with installation of joint sealants when ambient and substrate temperature conditions are outside limits permitted by joint-sealant manufacturer or are below 40 deg F.
PART 2- PRODUCTS
2.1 JOINT SEALANTS
A. Low-Emitting Materials: Sealants shall comply with the following limits for VOC content:
1. Architectural Sealants: 250 g/L.
2. Other Sealants: 420 g/L.
3. Single-component, neutral-curing silicone sealant, ASTM C 920, Type S; Grade NS; Class 25; for Use NT.
PART 3- EXECUTION
3.1 INSTALLATION
A. Comply with ASTM C 1193.
B. Install sealant backings to support sealants during application and to produce cross-sectional shapes and depths of installed sealants that allow optimum sealant movement capability.
END OF SECTION 079200
Measurement and Payment
The Method of Measurement is designated in the Schedule of Items. The accepted quantities will be paid for at the contract price for each item shown in the Schedule of Items.
Clean Up
The contractor shall remove all trash and debris generated in performance of this contract. This includes lunch wrappers, discarded soft drink containers, cigarette packages and other debris left by the contractor’s employees.
Contractor shall ensure that prior to moving any equipment to the work site that such equipment and tools are free of soil, seed and other such debris that could contain or hold seeds. Contractor shall perform a visual inspection of equipment prior to arriving on the work site.
Safety
It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area and contractor should contact the Contracting Officer’s Representative (COR), or if COR is unavailable, the Contracting Officer. Work on other areas of the contract that the contractor does view as safe should continue, without delay.
It is also recommended that the successful contractor utilize appropriate personal protective equipment/clothing, which may include, but is not limited to, hard hats, eye protection and hand protection while working in project areas.
SECTION D - Packaging and Marking
{For this Solicitation, there are NO clauses in this Section}
SECTION E - Inspection and Acceptance
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F - Deliveries or Performance
52.242-14 Suspension of Work. (APR 1984)
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 60 days the time stated for completion shall include final cleanup of the premises.
(End of clause)
452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)
Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:
(a) A schedule as required by, 09 Schedules, in the specifications
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.
The maximum workweek that will be approved is 40 hours per week Monday through Friday.
(End of clause)
SECTION G - Contract Administration Data
DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE
The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.
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.
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 for a contract claim.
SECTION H - Special Contract Requirements
INVOICING
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.
SECTION I - Contract Clauses
CONTRACT CLAUSES BY REFERENCE
52.202-1 Definitions. (NOV 2013)
52.203-3 Gratuities. (APR 1984)
52.203-5 Covenant Against Contingent Fees. (APR 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)
52.203-7 Anti-Kickback Procedures. (OCT 2010)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)
52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (SEP 2013)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)
52.204-7 System for Award Management (JUL 2013)
52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)
52.211-18 Variation in Estimated Quantity. (APR 1984)
52.215-2 Audit and Records - Negotiation. (OCT 2010)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)
52.219-8 Utilization of Small Business Concerns. (JUL 2013)
52.219-28 Post-Award Small Business Program Representation (JUL 2013)
52.222-3 Convict Labor. (JUN 2003)
52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)
52.222-6 Davis-Bacon Act. (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 Davis-Bacon and Related Act Regulations (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility (MAY 2014)
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)
52.222-35 Equal Opportunity for Veterans. (JUL 2014)
52.222-36 Affirmative Action for Workers With Disabilities. (JUL 2014)
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)
52.222-50 Combating Trafficking in Persons. (FEB 2009)
52.222-54 Employment Eligibility Verification (AUG 2013)
52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2011)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.227-1 Authorization and Consent. (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
52.228-5 Insurance – Work on a Government Installation (JAN 1997)
52.229-3 Federal, State, and Local Taxes. (FEB 2013)
52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)
52.232-17 Interest. (MAY 2014)
52.232-23 Assignment of Claims. (MAY 2014)
52.232-27 Prompt Payment For Construction Contracts. (MAY 2014)
52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest after Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.236-2 Differing Site Conditions. (APR 1984)
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
52.236-5 Material and Workmanship. (APR 1984)
52.236-6 Superintendence by the Contractor. (APR 1984)
52.236-7 Permits and Responsibilities. (NOV 1991)
52.236-8 Other Contracts. (APR 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
52.236-10 Operations and Storage Areas. (APR 1984)
52.236-11 Use and Possession Prior to Completion. (APR 1984)
52.236-12 Cleaning Up. (APR 1984)
52.236-13 Accident Prevention. (NOV 1991)
52.236-14 Availability and Use of Utility Services. (APR 1984)
52.236-17 Layout of Work. (APR 1984)
52.236-21 Specifications and Drawings for Construction. (FEB 1997)
52.236-26 Preconstruction Conference. (FEB 1995)
52.242-13 Bankruptcy (JUL 1995)
52.242-14 Suspension of Work (APR 1984)
52.243-5 Changes and Changed Conditions (Apr 1984)
52.244-6 Subcontracts for Commercial Items (OCT 2014)
52.246-21 Warranty of Construction. (MAR 1994)
52.248-3 Value Engineering – Construction (OCT 2010)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)
52.249-10 Default (Fixed-Price Construction). (APR 1984)
52.253-1 Computer Generated Forms. (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)
452.236-72 Use of Premises. (NOV 1996)
452.236-73 Archaeological or Historic Sites. (FEB 1988)
452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)
452.236-76 Samples and Certificates. (FEB 1988)
452.236-77 Emergency Response. (NOV 1996)
CONTRACT CLAUSES IN FULL TEXT
52.222-37 Employment Reports Veterans (SEP 2010)
(a) Definitions. As used in this clause, “Armed Forces service medal veteran,” “disabled veteran,” “other protected veteran,” and “recently separated veteran,” have the meanings given in the Equal Opportunity for Veterans clause 52.222-35.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on--
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans.
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans;
and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Form VETS-100A, entitled “Federal Contractor Veterans’ Employment Report (VETS-100A Report).”
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the ending date selected for the report. Contractors may select an ending date--
(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS-100A. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
52.223-1 Biobased Product Certification. (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
FAR 52.225-9 Buy American Act-Construction Materials (MAY 2014)
(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(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 https://acquisition.gov/far/current/html/Subpart%202_1.html%23wp1145508 http://uscode.house.gov/ distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
“Foreign construction material” means a construction material other than a domestic construction material.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 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 http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html%23wp1077123 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).]
52.244-6 Subcontracts for Commercial Items. (DEC 2010)
(a) Definitions. As used in this clause--
"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a)).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App.
1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
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):
http://farsite.hill.af.mil/vffara.htm
FAR 52.252-6 Authorized Deviations in Clauses
(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 [Department of Agricuture Regulation ] (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR
CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (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 http://farsite.hill.af.mil/vffara.htm
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.
AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform as required in the documents in Section J of this solicitation.
(End of Clause)
AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant
(End of Clause)
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.
Order of Precedence--Construction
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the specifications)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
SECTION J - List of Documents, Exhibits, and Other Attachments
The following documents are attached to and form a part of this contract:
ATTACHMENT PAGES
Attch 1 Elevation-PlanViews-Revised 2 Pages
Attch 2 Building Pictures 5 pages
Attch 3 DBWD NH150001 010215 NH1 Residential Carroll Co 4 pages
Attch 4 GovtProvidedTechnicalProposalForms 11 pages
SECTION K - Representations, Certifications, and Other Statements of Offerors
52.204-8 Annual Representations and Certifications (JAN 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.
(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) The provision at 52.204-7, System for Award Management, is included in this solicitation; paragraph (d) of this provision applies.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans’…
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