AG-435H-S-17-0026_Solicitation.pdf

AG-435H-S-17-0026

Recreation Facilities Renovation IDIQ, Chattahoochee-Oconee National Forests

TABLE OF CONTENTS

SECTION B - Supplies or Services and Prices/Costs Schedule of Items --------------------------- 2-4

SECTION C - Description/specifications/Statement of Work ---------------------------------------- 5-13

SECTION D - Packaging and Marking ------------------------------------------------------------------- 14

SECTION E - Inspection and Acceptance ---------------------------------------------------------------- 14-15

SECTION F - Deliveries or Performance ----------------------------------------------------------------- 16

SECTION G - Contract Administration Data ----------------------------------------------------------- 16-17

SECTION H - Special Contract Requirements ---------------------------------------------------------- 18

SECTION I - Contract Clauses ----------------------------------------------------------------------------- 19-26

SECTION J - List of Documents, Exhibits, and Other Attachments -------------------------------- 27

SECTION K - Representations, Certifications, and Other Statements of Offerors -------------- 28-33

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents ---------------- 34-37

SECTION M - Evaluation Factors for Award ----------------------------------------------------------- 38

PART I – THE SCHEDULE

SECTION B

Supplies or Services and Prices/Costs Schedule of Items

IDIQ Contract for Facility Maintenance and Construction on the

Chattahoochee-Oconee National Forests

All items must be bid to be considered

Item # Sample Task Order #1

Lake Sinclair Waterline Replacement

Units Quantity Price Total

Amount

1 Labor LS 1 $ $

2 4” PVC Schedule 40 pipe, 220 psi or greater LF 1,200 $ $

3 4" gate valve EA 3 $ $

4 4" pressure reducing valve EA 1 $ $

5 2" ball valve EA 2 $ $

6 4" x 2" tee EA 1 $ $

7 6" x 4" tee EA 1 $ $

8 Waterline caps EA 2 $ $

9 Concrete (thrust blocking) LS 1 $ $

Total $

Item # Sample Task Order #2

DeSoto Falls Campground Site Improvements

Units Quantity Price Total

Amount

1 Mobilization LS 1 $ $

2 4" Gravel Base for concrete (Walkways) - GAB TON 11 $ $

3 6" Gravel Base for concrete (Parking Area) -

GAB

TON 15 $ $

4 Pressure Treated Wood Retaining Wall EA 1 $ $

5 4" Concrete Slab (Walkways and Picnic Pad) with 6 x 6 WWM, includes forms, finish and curing

CY 15 $ $

6 6" Concrete Slab (Parking Area) with 6 x 6

WWM, includes forms, finish and curing

CY 23 $ $

7 "4 Units" Marine Flush Toilets and holding tanks LS 1 $ $

8 Bear Proof Trash Container

LS 1 $ $

9 Picnic Tables EA 1 $ $

10 Fire Rings EA 2 $ $

11 Lantern Post EA 2 $ $

12 6” x 6” Timber LS 1 $ $

13 #89 gravel TON 50 $ $

Item # Sample Task Order #3

Keown Falls Observation Deck Replacement

Units Quantity Price Total

Amount

Existing Deck Demolition And Debris Disposal

LS 1 $ $

Deck Replacement Including Hardware

LS 1 $ $

CMU Wall And Rock Facing

LS 1 $ $

ADDITIONAL INFORMATION

The Chattahoochee National Forest is soliciting for construction services to include facility renovation, remodeling, repair, and minor new construction. Work will be performed at recreation sites or administrative facilities.

Offerors are required to submit technical and price proposals for the sample Task Order project(s) included in this solicitation. The Schedule of Items, specifications, drawings, and wage determination for the sample orders are listed as an attachment to this solicitation. The technical and price proposals for the award of the basic IDIQ contract(s) will be evaluated based on information relative to both the overall Scope of Contract, and information presented for sample Task Orders. The evaluation criteria are described in

Section M.

PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

This section provides general guidance for preparing proposals. Proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions and instructions in Section L.

1. Offerors shall submit two copies of a Business Proposal. This will include:

a. Standard Form 1442 - complete blocks 10, 14, 15, 17, 19, 20A, 20B, and 20C.

b. Pricing for Sample Task Order Project(s) - complete Schedule of Items.

c. Representations and Certifications – Section K.

2. Offerors shall submit 2 copies of a Technical Proposal. This will consist of a completed Experience Questionnaire, attached. When listing experience, show only work most relevant to this solicitation. (See Section M for description of relevant work.)

3. Offerors shall submit Past Performance information as follows: each offeror is responsible for sending the attached Past Performance Questionnaire to no more than three clients for whom relevant work was performed or completed within the last three years. Direct the client to submit the survey directly to the contracting officer shown below:

Lori Austad, Contracting Officer

USDA Forest Service

1755 Cleveland Hwy

Gainesville, GA 30501

The completed questionnaires must be received no later than the offer due date and time indicated on Standard Form 1442, Block 13. The Government may obtain past performance information from sources other than those submitted by the Offeror.

Offerors lacking recent and relevant present/past performance experience may submit information regarding key personnel who have recent and relevant experience. In this case, offerors shall provide the following information, as a minimum, to allow the government to conduct a past performance evaluation for those key personnel cited by the offeror:

a) Name of Key Personnel

b) Complete Address

c) Telephone Number

d) Brief synopsis of relevant experience (a resume may be submitted)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

IDIQ CONTRACT FOR FACILITY MAINTENANCE AND CONSTRUCTION

ON THE

CHATTAHOOCHEE-OCONEE NATIONAL FORESTS

C-1 General Information

The Chattahoochee-Oconee National Forests is soliciting for construction services to include facility renovation, remodeling, repair, and minor new construction. Work will be performed at recreation sites or administrative facilities.

Construction-trade projects may include, but are not limited to: renovation work on buildings (including bathhouses or restrooms), campsites, pavilions, trailheads, docks/piers, work centers, administrative buildings (including District Offices), etc., at

Forest Service sites. Work may also include incidental roadwork and non-facility items, such as construction surveying and staking, clearing and grubbing, excavation, borrow, topsoil, concrete, asphalt, and culvert pipe.

Types of maintenance projects may include, but are not limited to, work on buildings and other structures; electrical systems; thermal and moisture protection; finishes; specialty items; equipment; furnishings; heating, ventilating, and air conditioning systems; fencing;

water distribution systems; wells; wastewater treatment systems; chlorinators; sprinkler systems; and toilets. Additional services may include masonry; locksmith; plaster and drywall; finish and rough carpentry; roofing; painting; signs; plumbing and pipefitting;

electrical (interior and exterior); sheet metalwork and welding.

The types of buildings work will be performed include residential; office or administrative buildings; training facilities; bunk houses; and storage buildings such as a garages or warehouses. Buildings may be in use during the repair or reconstruction. The age of buildings covered under this contract range from historic to new structures.

C-2 Scope of Contract

This solicitation will result in the award of multiple Indefinite Delivery/Indefinite Quantity

(IDIQ) contracts, with one base period and four option years that may be exercised at the discretion of the Government.

Each contract award will cover work on all districts and each Contractor will have a fair opportunity to compete for each Task Order regardless of work location. The Government anticipates awarding a minimum of $2000.00 in Task Orders to each selected Contractor over the life of the contract. The price range for each Task Order shall be between

$2,000.00 and $150,000. Each awarded contract shall not exceed $1,000,000 over the base period and four option years. Pricing will be Firm Fixed-Price.

Task Orders issued by the Government shall list the work specified for the particular site and will include complete specifications and drawings (if needed) for the work required.

Task Orders will be considered construction and the Davis Bacon Wage determinations and construction payment procedures will apply to those orders. The type of work will vary per Task Order. Included in this package are three Sample (hypothetical) Task Orders. The pricing provided by the Contractor for this hypothetical work will be evaluated to determine if the offeror can reasonably estimate the cost of labor and materials.

The Contractor shall furnish all labor, supervision, materials, equipment, transportation and incidentals to perform work in accordance with all terms, specifications, conditions, and provisions of this solicitation, and Task Order statements of work.

All equipment proposed to be used for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract. The Contractor’s proposed equipment shall be made available to the Contracting Officer for inspection prior to award of the contract if requested by the Contracting Officer. If at any time during the course of the contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement at Contractor’s expense.

Any movement or transportation of equipment to or from the work areas required to pursue the work, repair or replace, or for the Contractor's convenience shall be at the Contractor's expense, unless otherwise indicated in the Task Order’s statement of work.

C-3 Project Locations

The work may be performed at various locations within the boundaries of the

Chattahoochee-Oconee National Forests in Georgia. Work may occur on any of the four

Ranger Districts which make up the Chattahoochee-Oconee National Forests:

1. Blue Ridge Ranger District – includes Fannin, Gilmer, Lumpkin, Towns, and

Union Counties.

2. Chattooga River Ranger District – includes Lumpkin, White, Towns, Habersham, Rabun, and Stephens Counties.

3. Conasauga Ranger District – includes Chattooga, Floyd, Walker, Whitfield, Gordon, Murray, Fannin, and Gilmer Counties.

4. Oconee Ranger District – includes Oglethorpe, Green, Monroe, Putnam, Jasper, Jones and Butts Counties.

For a map of the recreation sites on the Chattahoochee-Oconee National Forests, visit the

Forest website at https://www.fs.fed.us/ivm/index.html. Hint: Zoom in to 100% to reveal more detail. You can also click on the magnifying glass and search for area name. Any text on the map is searchable.

C-4 Price Range

The total contract value is not to exceed $1.0 million over the life of the contract (base year https://www.fs.fed.us/ivm/index.html plus four option years).

C-5 Start Work

The start work dates will be negotiated for each Task Order.

C-6 Period of Performance

The period of performance will be negotiated for each Task Order.

C-7 Government-Furnished Property

Unless otherwise agreed upon, any construction materials incorporated into the work shall be furnished and delivered to or near the project site(s) by the Government. Any property or supplies furnished by the Government will be identified on the Task Order. Contractor is responsible for protection of property provided in accordance with FAR 52.245-1

Government Property, (JAN 2017).

C-8 Equipment

All equipment shall be in good repair, and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. All repairs to equipment under this contract shall be made and paid for by the Contractor. Equipment may be owned, rented, or subcontracted. Equipment substitutions must be requested in writing and must be approved by the Contracting Officer prior to use.

All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands. If using equipment on multiple Task

Orders at one time, or if there are long mobilization distances between sites on the same

Task Order, the Contracting Officer may require cleaning of equipment between the project sites.

Upon concurrence from the Contracting Officer, certain areas on the Forest may be used on a case-by-case basis for storage of equipment and/or materials during active construction and/or maintenance periods. The Contractor shall be responsible for protection of items stored on Government property, and shall ensure adequate safety measures are maintained at such sites.

C-9 Confined Space Entry

The Government may issue a Task Order that includes work in a confined space, such as a water storage tank or a sewer lift station. OSHA confined space entry procedures must be followed. The selected Contractor must comply with 29 CFR 1910.146, Confined Space

Requirements. The Contractor must submit their written confined space program for CO approval before this work will be awarded. (See confined space general requirements below.)

The Contractor is responsible for meeting all the confined-space requirements to keep their workmen safe (i.e., taking the necessary precautions to have safety personnel available outside the confined space in case an emergency develops, ventilate, and continuously monitor the atmosphere in the confined space, etc.).

The Contractor shall complete the form at the end of this section and forward copies to the

Contracting Officer and the Contracting Officer’s Representative prior to sending employees into the tanks.

Note: Contractors are NOT required to have a confined space program in order to respond and/or receive an award under this initial IDIQ solicitation. However, Contractors must have a confined space program if required by an individual Task Order.

C-10 Technical Specifications

Specifications for work will be in the most current edition of the Construction Specification

Institute's (CSI) Master Format, and will be issued with each Task Order.

The Contractor shall provide overall management of work and be responsible for timely delivery, compliance with specifications, quality control of the project, and workplace safety. All work shall conform to current IBC Codes as well as State and Local Regulations.

1. The latest edition of the following codes and standards, at the time of issuance for each Task Order, shall be used for construction under this contract. Referenced codes and specifications (latest edition) include, but are not limited to:

International Building Code (IBC)

National Fire Protection Association (NFPA) 101 Life Safety Code

National Electric Code (NEC)

International Mechanical Code (IMC)

International Plumbing Code (IPC)

International Gas Code

National Fire Protection Association (NFPA) codes

American Welding Society (AWS)

American Concrete Institute (ACI)

ASHRAE Handbook of Fundamentals

ANSI/ASHRAE 90.1-2016, Energy Standard for Buildings

ANSI/ASHRAE 62.1-2016, Ventilation for Acceptable Indoor Air Quality

10 CFR 435, Standards for New Federal Buildings

Consumer Product Safety Commission

16 CFR 1201, Safety Standards for Architectural Glazing Materials

Architectural Barriers Act

Americans with Disabilities Act (ADA Accessibility Guidelines)

AASHTO Guidelines for the design of roadways, pavements and roadside safety

GADOT specifications for streets, pavements, and roadway structures

State Site Erosion and Sediment Control Regulations

Clean Water Act

Safe Drinking Water Act

Existing or proposed NPDES permits

Federal, State and local environmental and sanitary / health permits, regulations

OSHA Laws and Regulations

American Society for Testing and Materials (ASTM) Specifications

2. Products and processes included in the Specifications shall conform to the manufacturer’s latest published specifications.

3. Upon request of the CO, the Contractor shall provide a sworn affidavit from the manufacturer certifying the materials, products and processes delivered and used on the project meet the specified requirements. The affidavit shall not relieve the

Contractor from his/her responsibility for full compliance with the requirements of the Specifications.

a. The Contractor(s) shall have access to current copies of these documents for use during the term of this contract.

b. If there is a conflict between these codes, regulations, or, specifications, the most stringent requirements shall apply at all times.

Performance of work shall be performed by journey level skilled personnel for all trades.

Electrical work shall be performed by a licensed electrician. The Government may require a State Electrical Inspection. If required, the Task Order will identify the need and price shall include cost for this inspection.

C-11 Drawings

If Government determines that drawings are needed, they will be provided as each Task

Order is negotiated.

C-12 Task Orders

Services under this contract will be provided on a Task Order basis. Task Orders will normally be issued unilaterally. Prior to issuance of the Task Order, the Contracting Officer will issue a scope of work, schedule, and specifications for materials, maps, and any pertinent information regarding services needed.

Task Orders may require the Contractor to submit a proposal within 14 days of receipt of the Contracting Officer’s request. To support the proposed prices, the proposal shall include backup cost details including, but not limited to:

Subcontractor price quotations.

Site visit costs, including travel.

Type of skill or trade to be used (from schedule) and number of hours to complete the work.

Proposed materials and supplies, including price quotations.

Identification of foreign-made materials, stating the country of origin and price comparison between foreign-made and American-made items.

Fees on material quotations.

Field office overhead costs.

Performance and payment bond costs.

Mobilization costs, if not covered in travel.

Labor burden, overhead (G&A/home office overhead) and proposed profit/fee.

Work progress schedule.

Proposal shall be signed by the Contractor. If accepted by the Contracting Officer, a Task

Order will be issued as a Firm Fixed-Price.

C-13 Bonding

If required in the Task Order, the Contractor shall provide any bonding or alternative payment protection within 10 days of award of any Task Order. The Notice to Proceed with the work shall not be issued until required bonding is received and accepted by the

Contracting Officer.

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 this solicitation.

AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D

PACKAGING AND MARKING

[No clauses are included in this section]

SECTION E

INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the

Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting

Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the

Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F

DELIVERIES OR PERFORMANCE

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is for one year from date of award, with option for four additional years.

(End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

Task Order Competition: Following contract award, task orders will be competed among awarded contractors. Task order quotations received from contractors will be evaluated on price, contractor’s availability for performance, and past performance on earlier task order awards. If necessary, the Government reserves the right to make awards outside of this solicitation in order to meet procurement preference goals.

Each awardee will be given a fair opportunity to be considered for a task order exceeding

$2,000.00 unless one of the following exceptions applies:

The need for the service is so urgent that providing a fair opportunity would result in unacceptable delay.

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already under the contract; provided that all awardees were given a fair opportunity to be considered for the original order.

It is necessary for the Government to place an order to satisfy a minimum guarantee.

Task Order Announcement: When a task is identified for award under this contract, the sequence of events will generally be as follows:

1. The Contracting Officer will notify contractors of the requirement.

2. When offered an order, contractors must respond to the Contracting Officer with their price and ability to accept and complete the order. Proposals will generally be due within 14 calendar days from date of the request, or other period as stated in the request. Applicable Davis-Bacon wage rates and goals for minority and female participation will be included with each order.

Contractors shall submit a proposal with pricing and statement of availability to perform the ordered work to the CO in response to the order. The Contractor’s price breakdown shall address all items listed in the task order, or be presented as a lump sum price if that is requested.

3. The CO will issue an order to the Contractor whose proposal represents the best value to the Government. The low priced order may not always represent the best value.

4. IDIQ contractors are expected to provide good faith proposals in response to task orders issued during the life of the contract. If a contractor is unable to respond due to conflicting commitments or lack of capacity, the ordering official may excuse the contractor from a competition upon specific written request. However, repeated failure to provide a good faith proposal will result in the contract not being renewed and will release the government from the minimum guarantee obligation.

5. Proposal preparation costs are at the expense of the offeror and will not be reimbursed

Payments: Payment for task orders will be based on each individual task order’s unit prices and actual measurement of performance completed (validated by contract specifications, drawings, schedules, progress reports, and COR / inspector site visits).

Government-Furnished Property: The Government will specify item(s) of Government property to the Contractor(s) for use in the performance of this contract on individual task orders. This property shall be used and maintained by the Contractor(s) in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Authorized Ordering Officials: All warranted Contracting Officers of the USDA Forest

Service are authorized to place orders under this contract. All task orders will be issued for work on the Chattahoochee-Oconee National Forest. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

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 $2,000.00 but not in excess of $1,000,000 for each awarded contract.

The guaranteed minimum for each firm’s contract shall be $2,000. Should an IDIQ contractor be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order to meet the guarantee.

Standard Form 1413 shall be completed and forwarded to the CO for each subcontractor utilized.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Mid-Term Changes: During the 5-year term of the contract, the Contracting Officer may determine a need to reduce or augment the original pool of awarded contracts.

Exiting Contracts: Contractors who repeatedly fail to provide a proposal in response to issued task orders will not have their next option year renewed.

Entering Contracts: Following completion of the first option year, the Government reserves the right to solicit for a limited number of additional contractors to be included in this multiple-award contract. The solicitation, terms and conditions and source selection procedures will be the same as under this original solicitation. Any new awardees will compete with the existing or remaining contractors for all subsequent task orders. The period of performance for the new awardees will not exceed the overall maximum term of the original IDIQ contract, including options.

SECTION I -CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ondex.html_____ 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. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (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 Postconsumer Fiber Content

Paper. (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract.

Awards. (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts. (OCT 2016)

52.209-6 Protecting the Government's Interest When Subcontracting with

Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

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 the date of contract award through the date of contact expiration.

(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.

https://www.acquisition.gov/?q=browsefar www.usda.gov/procurement/policy/agar.html_

(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 $2000.00, 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 _$150,000.00_

(2) Any order for a combination of items in excess of ____N/A__________ 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 _10____ 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 https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057 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 1 year of option 4 award date.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days of performance period.

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 of the end of the contract period; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five years.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns. (NOV 2016)

52.219-14 Limitations on Subcontracting. (JAN 2017)

52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation. (JUL 2005)

52.222-6 Construction Wage Requirements (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (MAY 2014)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

(OCT 2016)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (SEPT 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction.

(APR 2015)

52.222-30 Construction Wage Rate Requirements—Price Adjustment (None or

Separately Specified Method). (MAY 2014)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

52.222-36 Affirmative Action for Workers with Disabilities. (JUL 2014)

52.222-37 Employment Reports on Veterans. (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act. (DEC 2010)

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts. (SEPT 2013)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts. (MAY 2008)

52.223-18 Contractor Policy to Ban Text Messaging While Driving. (AUG 2011)

52.223-21 Foams. (JUN 2016)

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.

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

“Cost of components” means—

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

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

States;

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

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a

COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy

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

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

American statute.

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

[Include other applicable supporting information.]

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

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

(DEC 2007)

52.227-3 Patent Indemnity—Construction Contracts (DEC 2007)

52.228-14 Irrevocable Letter of Credit. (NOV 2014)

52.228-15 Performance and Payment Bonds—Construction. (OCT 2010)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts. (MAY 2014)

52.232-17 Interest. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-27 Prompt Payment For Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management. (JUL 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.249-2 Termination for Convenience of the Government (Fixed-Price).

(MAY 2004)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4)

CLAUSES

452.236-71 Prohibition-Against the Use of Lead-Based Paint. (NOV 1996)

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological or Historic Sites. (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

452.236-76 Samples and Certificates. (FEB 1988)

452.236-77 Emergency Response. (NOV 1996)

SECTION J

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachment 1 SF 1442

Attachment 2 Task Order 1

Attachment 3 Task Order 1 Specs

Attachment 4 Task Order 2

Attachment 5 Task Order 2 Specs

Attachment 6 Task Order 3

Attachment 7 Task Order 3 Specs

Attachment 8 DOL Wage Rates - TO 1

Attachment 9 DOL Wage Rates - TO 2

Attachment 10 DOL Wage Rates – TO 3

Attachment 11 Experience Questionnaire

Attachment 12 Performance Evaluation

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.204-8 Annual Representations and Certifications. (JAN 2017

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __236220_.

(2) The small business size standard is __$36.5 M .

(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:

□ (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.

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(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) 52.203-18, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation.