OfferorsCopy.rtf

Construction RFQ

AG-24H8-S-15-0003

ANF Gate IDIQ

REQUEST FOR QUOTATION

PAGE OF PAGES

(THIS IS NOT AN ORDER)

THIS RFQ

IS

IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT.DEF.

RATING

AG-24H8-S-15-0003

10/30/2014

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY

6. DELIVER BY (Date) North East Acquisition Team, 4 Farm Colony Drive, Warren, PA 16365 See Section F 5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

FOB DESTINATION

NAME

TELEPHONE NUMBER

OTHER (See Schedule)

AREA CODE

NUMBER

9. DESTINATION

Melissa Johnson 728-6241

a. NAME OF CONSIGNEE

8. TO:

Allegheny National Forest

a. NAME

b. COMPANY

b. STREET ADDRESS

4 Farm Colony Drive

c. STREET ADDRESS

c. CITY Warren

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE Pa 16365

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A. This request does not commit the Government to pay any costs incurred in the preparation of the 12/01/2014 @ 4:30 pm ET Fax 814-726-1465, email to melissaajohnson@fs.fed.us or hardcopy mail to address in block 5a attn: M Johnson submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(a) (b) (c) (d) (e) (f) Allegheny National Forest Gate Installation and Maintenance IDIQ Base Year plus 4 option years

Enter pricing on schedule of items in section B

a. 10 CALENDAR DAYS (%)

b. 20 CALENDAR DAYS (%)

c. 30 CALENDAR DAYS (%)

d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

15. DATE OF

a. NAME OF QUOTER

SIGN QUOTATION

QUOTATION

b. STREET ADDRESS

16. SIGNER

a. NAME (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or Print)

NUMBER

NSN 7540-01-152-8084

Previous edition not usable 18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

BASE YEAR- 12/15/2014 - 9/30/2015

01 Fabricate Gate 5 EA $ _________ $ _________

02 Gate Installation 5 EA $ _________ $ _________

03 Hourly (Crew/Total) Rate 200 EA $ _________ $ _________

04 Remove Gate 5 EA $ _________ $ _________

05 Replace Cross Arm Assmbly 5 EA $ _________ $ _________

06 Replace Gate Post 5 EA $ _________ $ _________

07 Material Costs for item 03 above $ 1,000.00

TOTAL BID BASE YEAR $ __________

OPTION YEAR ONE – 10/01/2015 – 9/30/2016

01 Fabricate Gate 5 EA $ _________ $ _________

02 Gate Installation 5 EA $ _________ $ _________

03 Hourly (Crew/Total) Rate 200 EA $ _________ $ _________

04 Remove Gate 5 EA $ _________ $ _________

05 Replace Cross Arm Assmbly 5 EA $ _________ $ _________

06 Replace Gate Post 5 EA $ _________ $ _________

07 Material Costs for item 03 above $ 1,000.00

TOTAL BID OPTION YEAR ONE $ _________

OPTION YEAR TWO – 10/01/2016 – 9/30/2017

01 Fabricate Gate 5 EA $ _________ $ _________

02 Gate Installation 5 EA $ _________ $ _________

03 Hourly (Crew/Total) Rate 200 EA $ _________ $ _________

04 Remove Gate 5 EA $ _________ $ _________

05 Replace Cross Arm Assmbly 5 EA $ _________ $ _________

06 Replace Gate Post 5 EA $ _________ $ _________

07 Material Costs for item 03 above $ 1,000.00

TOTAL BID OPTION YEAR TWO $ _________

OPTION YEAR THREE – 10/01/2017 – 9/30/2018

01 Fabricate Gate 5 EA $ _________ $ _________

02 Gate Installation 5 EA $ _________ $ _________

03 Hourly (Crew/Total) Rate 200 EA $ _________ $ _________

04 Remove Gate 5 EA $ _________ $ _________

05 Replace Cross Arm Assmbly 5 EA $ _________ $ _________

06 Replace Gate Post 5 EA $ _________ $ _________

07 Material Costs for item 03 above $ 1,000.00

TOTAL BID OPTION YEAR THREE $ _________

OPTION YEAR FOUR – 10/01/2018 – 9/30/2019

01 Fabricate Gate 5 EA $ _________ $ _________

02 Gate Installation 5 EA $ _________ $ _________

03 Hourly (Crew/Total) Rate 200 EA $ _________ $ _________

04 Remove Gate 5 EA $ _________ $ _________

05 Replace Cross Arm Assmbly 5 EA $ _________ $ _________

06 Replace Gate Post 5 EA $ _________ $ _________

07 Material Costs for item 03 above $ 1,000.00

TOTAL BID OPTION YEAR FOUR $ _________

TOTAL BID BASE PLUS ALL OPTION YEARS $ _____________

QUOTERS NOTES

While there is no "Show-me" trip planned for this solicitation, additional information may be obtained by contacting Jim Duckett at 814-728-6257.

Quantities expressed in the schedule, are for evaluation of bids only. Actual work performed in any given period of the contract could vary dramatically, however unit prices submitted by the contractor will be considered firm for whatever quantities that are actually performed.

Delivery orders will be issued to the sucessful quoter for work on an as needed, on-call basis. The amount of work may vary considerably from gate to gate. Individual delivery orders will not exceed $30,000 so no bonding will be required.

Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

There is a requirement to submit a technical proposal with your offer. See Section L & M for preparation instructions.

Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500 but not in excess of $125,000.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Price Range

The Government's estimate is under $25,000 per year.

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 the Statement of Work/Specifications referenced in Section J.

Biobased & Recycled Content Products

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that are required for performance of this construction project.

Multipurpose Grease

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/bioPreferredCatalog/faces/jsp/catalogLanding.jsp

The following is a list of categories for EPA designated products (recycled content) that are required for performance of this construction project.

Cement and concrete containing coal fly ash.

For more information regarding Environmental Protection Agency list of designate products to http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm

SAFETY AND HEALTH

1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

1.3 COMPLIANCE WITH REGULATIONS

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

PART 2 - PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

Division 100 - General Specifications

110 - Scope of Contract

It is the intent of this contract to provide for a variety of work on road gates within the Allegheny National Forest. Work may include fabrication of gates, installation of gates, removal of gates, field repair of gates, and other tasks related to gates that will be paid for on an hourly basis The contractor shall furnish all labor, equipment, supplies, supervision and incidentals required in the performance of the work.

120 - Location

Gates upon which work is to be accomplished are located within the Allegheny National Forest in Warren, Elk, Forest and McKean Counties, Pennsylvania.

130 - Meetings

The successful vendor will be contacted prior to individual projects to discuss details of work, location, priorities, etc. The Contracting Officer and COR are authorized to give verbal orders to the contractor authorizing work to be accomplished.

140 - Transportation

The moving of personnel and supplies to and from designated gates is incidental to the bid price.

150 - Government Furnished Items

The Forest Service will provide gate signs to be installed, and nuts and bolts for these signs. This material will be available from the COR.

All other material required for the work shall be supplied by the Contractor.

Division 200 - Technical Specifications

210 - General

All work will be in accordance with these specifications and attached drawing. (Forest Service Gate)

220 - Maintenance for Traffic

Existing roads shall be kept open to all traffic by the contractor while work is progressing. Appropriate warning signs to the public will be displayed.

230 - Project Requirements

231 - Fabrication of gates, item 1, Gates shall be fabricated in accordance with attached drawing. Fabrication with Contractor furnished materials; (new material only); Gates shall be painted as specified on the drawings. Completed gates will be delivered by the Contractor to the designated site of installation. Payment will be for each gate fabricated and accepted, all other items of work associated will be considered incidental to this pay item.

Priming and painting of gates. All newly fabricated gates will receive two (2) coats of iron oxide red primer prior to delivery. All material needed is included in this pay item.

232 - Gate installation, item 2, Contractor shall when requested by the Contracting Officer or COR install their fabricated gate at the location indicated by the Government. Installation will be in accordance with drawing. All material needed is considered included in this pay item.

After installation all gates will receive touch up primer as needed, and one (1) final coat of Walnut Brown paint (Fed. Standard 595A, paint No. 20140)

233 – Hourly Crew Rate, Item 3, This item is applicable for work that is not specifically covered in another item. Examples of this type of work are the following: Resetting or realigning gates, re-painting or re-signing. Minimum crew size for this item, as well as, when performing other work is two (2) employees. Under no circumstances are one person crews allowed. Hours paid only includes hours at the jobsite, it does not incude travel time to or from the job.

Material needed in association with doing this hourly rated job may be billed for at contractor’s cost, or a pre-agreed upon cost between the contractor and Contracting Officer or COR. This is estimated @ $1,000.00 per year – see Line Item 07 for each option year.

234 – Removal of Gates, Item 4, Contractor shall, when requested to perform this item, remove the entire structure (posts, concrete, cross arms and signs). Material associated with the removal of gates becomes the property of the contractor, and must be removed and properly disposed of off Forest Service property. Any holes in the ground shall be backfilled with material approved by the COR. Ground surface shall be shaped to match adjacent terrain. An Ernst seed mix (Native Right of Way Woods Seed Mix with annual Ryegrass – ERNMX-132-1) shall be placed accordance to manufacturer’s recommendations. All material needed is considered included in this pay item.

235 – Replacement of cross arm assembly or gate post, Items 5 or 6, Contractor shall, when requested to perform these items, remove existing stucture from the gate and replace with a new part of the gate as directed. Work shall include fabricating part, painting and installation. All material needed is considered included in this pay item.

240 - Work Hours

All field work shall be performed during daylight hours Monday through Friday. Weekend and Holiday work may be permitted if approved in advance by the COR.

250 - Time of Performance

Work on a delivery orders shall commence within 14 calendar days of notification and be completed within 45 calendar days. The Contractor shall notify the COR when approaching completion of a unit of work so an inspection/acceptance can be made prior to acceptance in the event additional work is needed. Final acceptance shall be no later than 10 calendar days after receipt of notification of completion. Invoices should be submitted after final acceptance of the work is made.

260 - Safety

Contractor is required to follow all applicable OSHA standards (CFR 29), while working on the job site. In addition, the contractor shall utilize appropriate personal protective safety equipment, which includes, but is not limited to, hard hats, ear protection, eye protection, and hand protection while working on project items. Contractor must keep the Government representative informed as to current site work, and must be especially alert to vehicular traffic during field operations.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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): http://farsite.hill.af.mil/" http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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): http://farsite.hill.af.mil/" http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

AGAR 452.211-74 Period of Performance. (Feb 1988) The period of performance of this contract is from December 15, 2014 through September 30, 2019.

The Contractor shall maintain progress at a rate which shall assure completion and acceptance of work within the specified contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ___10___ days after the date of contract award. The conference will be held at __TBD_________.

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

EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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):

http://www.acquisition.gov/far/" http://www.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from December 15, 2014 through September 30, 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $30,000;

(2) Any order for a combination of items in excess of $50,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after June 30, 2020.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

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 (SEP 2010)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2015. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond each September 30, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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 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.

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—Uniform Contract Format Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

The Schedule (excluding the specifications)

Representations and Other Instructions Contract Clauses Other Documents, Exhibits, and Attachments The Specifications Drawings

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Gate Drawing

Davis Bacon Wage Determination (PA4 dated 8/29/2014. Updated wage determinations will be included with each delivery order).

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

Reporting Questions: HelpDesk@vets100.com

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ____238990______________ [insert NAICS code].

(2) The small business size standard is __$15 million___________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

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

[x ] (i) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(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’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with…