AG-3604-S-17-0023_WERC_Painting_Solicitation.pdf

SOL NO: AG-3604-S-17-0023

Construction RFQ UNIT: NA, WERC PROJ NAME: Interior Painting

Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SUSTAINABLE ACQUISITION MATERIALS AND PRODUCTS REQUIRED

H.2 FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

H.3 SUBMITTAL OF A SAFETY PLAN

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

Attachment A, Construction Wage Rate Determination No. WV170018 05/26/2017 WV18

Attachment B, SAM Information

Attachment C, Experience Questionnaire

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M--EVALUATION FACTORS FOR AWARD

ATTACHMENT A – Construction Wage Rate Determination

ATTACHMENT B – SAM Information

ATTACHMENT C

ATTACHMENT C - EXPERIENCE QUESTIONNAIRE

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B.1 Description of Requirement

Location: USDA Forest Service, Northeastern Area State and Private Forestry, Wood Education & Resource Center, 301 Hardwood Lane, Princeton, WV 24740

A. The contractor shall provide all labor, materials (including paint), equipment and other incidentals to complete painting of interior offices, restrooms, common areas, and some ceilings as specified in the Statement of Work (SOW) at the Wood Education and Resource Center Office in Princeton, WV.

B. Period of Performance: The period of performance shall be within 90 days of contract award.

C. One contract will be awarded to the lowest priced offeror.

D. Bonding requirements: Bid Bond = N/A (No bid bond with offer); Performance & Payment Bonds = 100% upon contract award

E. All prospective offerors are encouraged to inspect the site prior to submitting an offer to assess the condition of the site and the scope of work proposed. Failure to do so does not relieve the offeror from accurately determining the scope of work required. Please contact Nathan Delimont at 304-431-2721 (office); 304-320-6926 (cell) or ngdelimont@fs.fed.us to schedule a site visit.

F. A post award pre-work meeting will be scheduled with the successful offeror/contractor. This meeting must take place within ten days of contract award.

G. This requirement is a total small business set aside. The NAICS Code for this acquisition is 238320, with a small business size standard of $15.0 Million.

H. Contractors are required to be registered in the System for Award Management (SAM) per FAR 52.204-7, System for Award Management – See Attachment C. Registration in this website is

FREE.

mailto:ngdelimont@fs.fed.us

B.2 QUOTED PRICE – SCHEDULE OF ITEMS

Please fill out this Schedule and return it as part of your quotation package to the Contracting Officer (mtevans@fs.fed.us ) (LS = Lump Sum)

Line Item

Description Unit QTY Amount

001 Painting (Materials) LS 1

002 Labor

LS 1

TOTAL

Contractor: _____________________________________

Signature: ______________________________________

Date: _______________________ mailto:mtevans@fs.fed.us

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

PERFORMANCE WORK STATEMENT

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.

AGAR 452.211-73 Attachments to Statement 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 contract.

A. Site/Location:

Northeastern Area State & Private Forestry Wood Education & Resource Center 301 Hardwood Lane Princeton, WV 24740

B. Point of Contact:

Nathan Delimont Office: 304-431-2721 Cell: 304-320-6926 ngdelimont@fs.fed.us

C. Description of Work:

Contractor will furnish all labor, materials (including paint), equipment and other incidentals to complete painting of interior offices, restrooms, common areas, and some ceilings as specified in Part II of this Statement of Work (SOW) at the Wood Education and Resource Center Office in Princeton, WV.

Periodic preparation of surfaces and repainting is required to keep the facility in good condition.

D. Scope:

The contractor will provide all labor, equipment, material (including paint), supervision, transportation, clean up, and related services to perform the following task consisting of approximately 18,500 sf of wall and ceiling space to include areas as specified in Part II. Work to be accomplished during the hours of 7 a.m. to 3 p.m., Monday through Friday (hours can be negotiated).

The contractor must conform to all applicable State and National codes and regulations.

The paint shall be matched to the existing color. Upon award, the contractor shall provide the government with color samples. Final color shall be approved by the government. Paint shall conform to all bio-based standards.

D.1. Modification

Any modification to this SOW shall be made in writing and acknowledged by both the Contractor and the USDA Forest Service Contracting Officer prior to performing the modification.

D.2. Proposals Proposals shall be broken down into labor, materials, permits, and other charges (ex:

performance and payment bond) and shall be in sufficient detail to allow evaluation of each component of the proposal. The USDA Forest Service is tax exempt.

E. WORK REQUIREMENTS

Technical Requirements Painting to include the following:

• 10 offices

• 6 file/storage rooms

• 2 conference/meeting rooms (including closets)

• 1 kitchen

• Open areas and hallways (including high walls and ceilings)

• 2 vestibules (including one front area open office)

• 4 restrooms

• 1 library

• Training Center (including all closets, mechanical room, kitchen, entry way, and bathrooms).

The worksite shall be prepared to prevent damage to surfaces not being painted. The work will be performed so as not to scratch or dent hardwood floors. The floors and objects that cannot be moved shall be covered with plastic sheeting and taped in place.

All surfaces will be properly prepared and receive two coats of high quality satin paint to be approved by COTR (zero VOC and color to match current color). Painting excludes stained wood doors, frames, and paneling. Surface preparation will include removing all signage, outlet/switch cover plates, furniture, and other appurtenances; cleaning of dirt, oil, grease, and other foreign matter; and patching small holes, and imperfections. Contractor shall make certain any electrical connections are isolated from any accidental contact by building occupants or visitors during painting contract. Painters tape will be used where needed around door frames, paneling, baseboards, light fixtures, and kitchen cabinets.

Some joints will need to be taped and floated. Light sanding of patched areas is required when needed. No surfaces will be painted that are not in proper condition to commence painting.

Application will be provided by skilled painters in strict conformance with manufacturer’s directions. Paint application shall be by brush or roller. All materials shall be evenly spread, smoothly flowed on and brushed out thoroughly. All lines of demarcation between painted and unpainted surfaces shall be carefully drawn and shall be free from wavy lines, blurred edges or overlaps. Completed surfaces shall be uniform in gloss, finish, sheen, and color and shall be free from runs, sags, crawls, brush marks and other defects.

The contractor shall keep the premise clean and orderly during the course of the work and all debris shall be removed on a continuous daily basis and not be allowed to accumulate.

The contractor shall replace, if damaged by the contractor, all components in equal.

Security A Forest Service Representative will be on premise at all times during work requirement.

Place of Performance The project site is located at 301 Hardwood Lane, Princeton, WV.

Take I-77 to Exit 14. Turn west on Mercer Springs Road. After approximately .25 mile, turn right on Cornbread Ridge Road. After approximately .25 mile, the road will veer to the left. At this turn, go straight. The Wood Education and Resource Center is the blue building on the left at the end of this road. Park in the visitor’s lot at the main building.

Legal Holidays observed by the Government New Year’s Day, January Martin Luther King, Jr. Birthday, third Monday of January President’s Birthday, third Monday of February Memorial Day, last Monday of May Independence Day, July 4 Labor Day, first Monday of September Columbus Day, second Monday in October Veteran’s Day, November 11 Thanksgiving Day, Fourth Thursday of November Christmas Day, December 25

Period of Performance: 30 days from Notice to Proceed (NTP).

Special Considerations

Sanitary Facilities:

The Contractor may use the Government sanitary facilities during the time of service being provided. It is required that the contractor use these facilities in a responsible manner.

Government Furnished Utilities:

The Government will furnish electrical and water utilities for the contractor’s use during the contract period so long as the contractor uses these efficiently and economically. Paint shall not be discarded in sinks or dump sinks nor shall paint implements be cleaned in such sinks. The use of Government-furnished telephone utility and fax machines shall be limited to local and credit card calls. Incoming calls will not be accepted on Government phones.

Damage to Contractor’s Property:

The Government will not be responsible in any way for damage to the Contractor’s equipment or the contractor’s employees’ personal belongings brought onto the Government premises during the performance of this contract.

The Government will not be responsible in any way for damage to the Contractor’s equipment kept in or near the building or the Contractor’s employees’ personal belongings brought onto the Government premises.

Conduct of Workers:

The personnel employed by the Contractor shall be capable employees qualified in this type of work.

As stated elsewhere, the Contractor shall be responsible for, among other things, all damage to the government property resulting from the operations. Damage to the building or its equipment by the activities of his/her employees will fall into this category.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 Inspection of Construction (Aug 1996)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

SECTION F--DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to

(a) commence work under this contract within 14 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 October 30, 2017. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 1, 2017. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

52.225-9 -- Buy American–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

PROJ NAME: Interior Painting preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: none

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

PROJ NAME: Interior Painting

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 14 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is: 40 hours.

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

The period of performance of this contract is 30 days.

(End of Clause)

SECTION G--CONTRACT ADMINISTRATION DATA

G. 1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It must be scheduled within ten (10) days after the date of contract award. The conference will be held at: NA, WERC, 301 Hardwood Lane.

(Contact Nathan Delimont (office): 304-431-2721; (cell) 304-320-6926; ngdelimont@fs.fed.us

G. 2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed, as soon as possible, of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR, provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists & there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G. 3 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration: ___________________________________

Telephone Number (including cell phone if available): ______________________________

The contractor shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer’s Representative (COR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write, and speak the English language.

G. 4 INVOICE REQUIREMENTS

Payment will be based on receipt of a proper electronic invoice and satisfactory contract performance. Payments for services are made in arrears following COR inspection and acceptance of work.

G.5 GUIDANCE FOR SUBMITTING A PROPER INVOICE FOR PAYMENT

In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. Invoices shall be entered electronically in the Invoice Processing Platform (IPP).

Contractors shall register and enter invoices into IPP at the following website:

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm

Additional information regarding IPP may be found at the following website:

https://www.ipp.gov/index.htm.

G.6 FAR 52.232-5 -- Payments Under Fixed-Price Construction Contracts (May 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

https://www.ipp.fms.treas.gov/login/IPPLogon_Index.htm https://www.ipp.gov/index.htm

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if --

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the “unearned amount”), the Contractor shall --

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until --

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as --

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after --

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract

PROJ NAME: Interior Painting modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be --

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SUSTAINABLE ACQUISITION MATERIALS AND PRODUCTS REQUIRED

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008;

Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance;” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials or that are Environmentally Preferable to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer. It is desirable that vendors be able to supply the greatest number of Sustainable Acquisition products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content.

The Contractor shall submit with the initial proposal a comprehensive list of its Sustainable Acquisition plan of Biobased, BioPreferred, EPA Environmentally Preferable, Energy Star, Recycled Construction Materials, SNAP, and Water Efficient products that indicate the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements and performance of the contract. This list will serve as the basis for your BioPreferred plan and is an evaluation factor in contract award.

In addition to the items required, the Forest Service encourages the purchase of Sustainable materials and products that are environmentally preferable--those which life-cycle analyses show to be environmentally preferable either because of their resource materials, manufacturing process, toxicity levels, end-of-life possibilities, etc.

The Contractor shall comply with the following provisions:

FAR 52.223-1, Biobased Product Certification FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts FAR 52.223-4, Recovered Material Certification FAR 52.223-15, Energy Efficiency in Energy-Consuming Products FAR 52.223-17, Affirmative Procurement of EPA-Designated Items under Service and Construction Contracts

H.2 FAR REPORTING CATEGORIES & USDA DESIGNATED BIOBASED PRODUCTS

USDA designates categories of biobased products for a Federal Procurement preference. In the process, minimum biobased content standards are established for each product category. Product categories can be found at http://www.biopreferred.gov/ProductCategories.aspx https://sftool.gov/greenprocurement/green-products http://www.biopreferred.gov/ http://www.biopreferred.gov/ProductCategories.aspx

PROJ NAME: Interior Painting

The Contractor shall comply with the following provisions:

FAR 52.223-1, Biobased Product Certification.

FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

FAR 52.223-4, Recovered Material Certification.

FAR 52.223-15, Energy Efficiency in Energy-Consuming Products.

FAR 52.223-17, Affirmative Procurement of EPA-Designated Items under Service and Construction Contracts.

https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

Interior Paints and Coatings - Latex and Waterborne Alkyd

Description: Pigmented liquids, formulated for use indoors, that dry to form a film and provide protection and added color to the objects or surfaces to which they are applied.

Minimum Biobased Content: 20%

Interior Paints and Coatings - Oil-based and Solvent-Borne Alkyd

Description: Pigmented liquids, formulated for use indoors, that dry to form a film and provide protection and added color to the objects or surfaces to which they are applied.

Minimum Biobased Content: 67%

H.3 SUBMITTAL OF A SAFETY PLAN

Upon notification of intent to award the contract, the contractor shall submit a Safety Plan in accordance with the Occupational Health and Safety Administration (OSHA) regulations to ensure that the working conditions of their employees are not unsanitary, hazardous, or dangerous to their health and safety. The contractor Safety Plan shall also comply with the regulations set forth in 29 CFR 1910; 29 CFR 1926 (Construction) – if applicable; and 29 CFR 1960. A statement of compliance to those regulations shall be included in the Safety Plan. In addition, the following guidelines shall be applied to the Safety Plan:

• Any subcontract entered into pursuant to the contract shall similarly provide a work environment that is sanitary and not hazardous.

• Contractors must initiate and maintain an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment.

• Accidents resulting in death, occupational disease, disabling injury, or property damage must be reported to the Contracting Officer.

• Contractors must assess appropriate risk management regarding contractor and contractor employee safety; and public safety. Examples include: experience of equipment and motor vehicle operators to handle road and terrain conditions getting to the worksite and at the worksite; public access conditions and requirements; traffic control needs; and coordination with other forest users and private land owners.

https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

• Contractors shall identify all Personal Protective Equipment (PPE) to be used/that is applicable to their specific contract.

• Contractors shall abide by all state regulations regarding vehicle safety and licensure to operate a motor vehicle.

PLEASE NOTE: Forest Service employees will not inspect or accept the work under conditions where hazards or unsanitary conditions have not been mitigated to the extent required by OSHA.

The following websites may be helpful:

http://www.osha.gov http://www.osha.gov/dcsp/smallbusiness/index.html http://www.osha.gov/ http://www.osha.gov/dcsp/smallbusiness/index.html

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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government ALT I (Sep 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Recycled 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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) If Exceeding

$500K 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages -- Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.211-18 Variation in Estimated Quantity (Apr 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.215-2 Audit and Records -- Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.216-24 Limitation of Government Liability (Apr 1984) 52.216-25 Contract Definitization (Oct 2010) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-9 Small Business Subcontracting Plan (Oct 2014) 52.219-16 Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (Jun 2003) 52.222-6 Construction Wage Rate Requirements (May 2014) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payroll and Basic Records (May 2014) 52.222-9 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination – Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

PROJ NAME: Interior Painting

52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-1 Buy American – Supplies (May 2014) 52.225-9 Buy American Act – Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014) 52.232-16 Progress Payments (Apr 2012) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 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) 52.236-1 Performance of Work by the Contractor (Apr 1984) 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) 52.236-15 Schedules for Construction Contracts (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)

PROJ NAME: Interior Painting

52.243-4 Changes (Jun 2007) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (Apr 2015) 52.245-1 Government Property (Apr 2012) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-12 Inspection of Construction (Aug 1996) 52.246-13 Inspection -- Dismantling, Demolition, or Removal of Improvements (Aug 1996) 52.246-21 Warranty of Construction (Mar 1994) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-2 Termination for Convenience of the Government – Fixed Price (Apr 2012) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

(Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants –

Alternate I (Feb 2012) AGAR 452.228-71 Insurance Coverage (Nov 1996) AGAR 452.236-71 Prohibition Against the Use of Lead-Based Paint (Nov 1996) AGAR 452.236-72 Use of Premises (Nov 1996) AGAR 452.236-73 Archaeological or Historic Sites (Feb 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (Nov 1996) AGAR 452.236-75 Maximum Workweek—Construction Schedule (Nov 1996) AGAR 452.236-76 Samples and Certificates (Feb 1988) AGAR 452.236-77 Emergency Response (Nov 1996) AGAR 452.237-75 Restrictions Against Disclosure. (Feb 1988) AGAR 452.237-70 Loss, Damage, Destruction or Repair. (Feb 1988)

52.204-1 -- Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016)…