Sol__Body_AG-4568-S-17-0025_(15_Jun_17).pdf

AG-4568-S-17-0025

NATIONAL AGROFORESTRY CENTER ROOF REPLACEMENT

Page. 3

SECTION B

SCHEDULE OF ITEMS

The Contractor shall furnish labor, supervision, equipment, materials, transportation, and any other incidentals to perform all operations necessary to accomplish complete replacement of the roofing system at the National Agroforestry Center, a USFS Southern Research Station facility located in Lincoln, NE. The Contractor shall provide all professional and technical personnel for this project, to include labor, transportation, tools and equipment to accomplish the work as described in the Statement of Work. The work shall be in accordance with the contract clauses, specifications, and any other attachments as a result of this solicitation.

ITEM

NUMBER

DESCRIPTION

METHOD

OF

MEASURE

QTY

UNIT

UNIT PRICE

AMOUNT

Remove and replace existing roofing system with new roof assembly having a minimum 20 year warranty and R30 rating.

LSQ

EA

Total Quote $

This solicitation and any resulting contract is a firm-fixed price type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”

Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.

Name of Company: Date:

Signature of Company Agent: DUNS #

Email Address: Phone #

Page. 4

Section C - Description/Specifications/Statement of Work

USDA FOREST SERVICE

SOUTHERN RESEARCH STATION

PROJECT STATEMENT OF WORK

Roof Replacement

National Agroforestry Center Lincoln, NE

1. STATEMENT OF WORK

The National Agroforestry Center, a USFS Southern Research Station facility located in Lincoln, NE, is in need of complete replacement of the roofing system to address consistent leakage into the finished space. The Contractor shall provide all professional and technical personnel for this project, to include labor, transportation, tools and equipment to accomplish the work as further described below. The facility is located at 1945 N 38th St, Lincoln, NE.

2. THE EXISTING FACILITY

2.1. Overall Facility Information

The National Agroforestry Center is a campus consisting of 1 building located on the University of Nebraska-Lincoln (UNL) campus. The work under this Scope is restricted to the roof. The building is a single story with partial basement built in 1973 with a footprint covering 6,644 square feet. The building is primarily used as office space.

2.2. Suspected/Confirmed Hazardous Materials

No suspected or confirmed hazardous materials are expected to encountered during the execution of work under this Scope of Work.

3. PLANNED WORK AND MATERIALS

3.1. Roof Replacement

3.1.1. Work

3.1.1.1. The intent of this SOW is to replace the existing roofing system. Records indicate that the existing roof system is original to the initial construction.

Detailed roof drawings from the original construction drawings are provided as an attachment to the solicitation, as well as results of a ThermoScan analysis report.

Page. 5

3.1.1.2. The government will entertain all reasonable submittals for procedures and materials to replace the roof.

3.1.1.3. Flashing shall be replaced as needed during the execution of the work.

3.1.1.4. Apply approved roofing material per manufacturer’s recommendations.

3.1.1.5. Precautions will need to be taken during construction to prevent penetration into existing inlets and hoods. Photographs of existing equipment and locations has been provided as an attachment to the solicitation.

3.1.1.6. On a daily basis, the Contractor shall coordinate the work activities in such a manner so that water leakage does not occur to the employee areas or sensitive equipment of the building.

3.1.2. Materials –

3.1.2.1. Coping flashing at the perimeter parapet will be required.

3.1.2.2. Completed roof must be rated at a minimum of R30.

3.1.2.3. 20 year warranty is required.

4. SUBMITTALS

4.1. Roof Replacement

4.1.1. Schematic Drawings describing approach – for approval; 14 calendar after issuance of NTP

4.1.2. Proposed roofing materials – for approval; 14 calendar days after issuance of

NTP

5. PERIOD OF PERFORMANCE

The period of performance shall be 50 days from the issuance of the Notice to Proceed.

6. SCHEDULING/COORDINATION OF WORK

6.1. SITE ACCESS

Access to the site and work area shall be coordinated with the onsite Point of Contact (POC), Richard Carman. In general the work area will be available during normal business hours (0800-1630, Monday-Friday). Arrangement for work outside of these hours must be made with the POC.

6.2. WORK COORDINATION

This building has employees who immediately occupy the space directly below the roof repair areas. Work by the Contractor shall be conducted so as not to interrupt the ingress/egress of employees or the employees operations in the building. The Contractor shall provide the building manager notification of any work activities that may affect the employees. This notification shall be given not less than 72 hours prior to the work.

6.3. GOVERNMENT FURNISHED PROPERTY - NONE

Page. 6

6.4. SAFETY

All work undertaken under this Scope of Work shall be performed in compliance with all applicable OSHA regulations for protection of the workers and public.

Adequate barricades and/or signage shall be provided to protect the public and employees in and around the building during the investigative work.

6.5. SANITATION

Removal and disposal of any waste material generated as a result of work on the site becomes and remains the responsibility of the Contractor. Existing waste facilities maintained by the Forest Service shall not be used for disposal of any material.

Restroom facilities will be available for use by the Contractor.

6.6. USE OF UTILTIES

The following utilities will be made available to the Contractor for use in the execution of work required by this Scope of Work. The Contractor is responsible for providing all extension cords, hoses or other required means of connection to the available utility.

• Electricity – 120V for small power tools.

• Potable Water

6.7. PARKING

Contractor parking will be made available in the general vicinity of the work area. Vehicles shall remain on paved or otherwise hardened areas of the site, unless otherwise approved by the Inspector.

7. APPLICABLE LICENSES, CODES AND REFERENCES

7.1. LICENSED TRADES

If applicable, all tradespeople employed in the completion of work shall hold a current professional trade license from the State of Nebraska. Copies of all licenses shall be made available to the COR upon request.

7.2. CODES AND REFERENCES

All work shall be in compliance with applicable codes, including, but not limited to:

• International Building Code

• International Existing Building Code

• International Mechanical Code

• International Plumbing Code

• International Fire Code

• National Electric Code

All code references shall refer to the edition in effect at the time of contract award.

Page. 7

8. BIOBASED PRODUCT UTILIZATION

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies a n d 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’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

(*Sample of biobased products for construction projects)

Grease Removers Insulating Foam Concrete and Asphalt Release Fluids Fluid-filled Transformers Wood and Concrete Sealers Composite Panels Adhesive and Mastic Removers Carpets Roof Coatings Hydraulic Fluid Water Tank Coatings

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, at the end of performance under this contract, the winning Contractor shall compile a complete list of biobased products and dollar value, purchased to carry out the contract requirements. This information must be reported to http://www.sam.gov , with http://www.biopreferred.gov/

Page. 8 a copy to the Contracting Officer and COR, prior to submission of the final invoice.

9. GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The CORs for this project will be Jason Anderson, 828-259-0515, jasonleeanderson@fs.fed.us and Mark McDonough, 828-257-4851, mjmcdonough@fs.fed.us

NOTE: Offeror’s are cautioned to carefully review these Project Specifications prior to submission of offers. All specifications contained in this SOW and in Section J are binding on the parties signing the contract.

mailto:jasonleeanderson@fs.fed.us mailto:mjmcdonough@fs.fed.us

Page. 9

SECTION D - Packaging and Marking

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

SECTION D

PACKAGING AND MARKING

NO APPLICABLE CLAUSES INCLUDED THIS SECTION

Page. 10

SECTION E

INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction (AUG 1996)

52.246-13 Inspection–Dismantling, Demolition or Removal of Improvements

(AUG 1996)

INSPECTION AND ACCEPTANCE: Periodic filed inspections will be made by the Contracting Officer’s Representative (COR). Work not completed to contract standards shall be rejected and reworked without additional compensation to the Contractor.

Page. 11

SECTION F

DELIVERIES OR PERFORMANCE

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 50 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.242-14 Suspension of Work. (APR 1984)

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 2 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 to be negotiated if needed.

(End of Clause)

Page. 12

SECTION G

CONTRACT ADMINISTRATION DATA

G-1. MEASUREMENT OF PAYMENT: Units of measurement shall be as indicated in the Schedule of Items. Designated Method of Measurement:

DQ - Designed Quantities, AQ - Actual Quantities, LSQ - Lump Sum Quantities, SQ - Staked Quantities, CQ - Contract Quantities

G-2. CONTRACTING OFFICE

The Eastern Administrative Zone (EAZ) – Southern Research Station (SRS) Contracting Office of the United States Forest Service, Department of Agriculture is responsible for this solicitation, award and administration of the contract. All written correspondence shall reference the contract number and/or solicitation number.

Communications shall be directed to:

Keith D. Friot, Contracting Officer USDA-FS, Southern Research Station 200 W.T. Weaver Blvd Asheville, NC 28804

G-3. CONTRACTING OFFICER’S REPRESENTATIVE

An awarded contract will have a Contracting Officer’s Representative (COR). Such designations will made by appointment letter.

G-4. INVOICES

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

Additionally, at the end of performance under this contract, the Contractor shall compile a complete list of biobased products and dollar value, purchased to carry out the contract requirements. This information must be reported to http://www.sam.gov , with a copy to the Contracting Officer and COR, prior to submission of the final invoice.

G-5. STATUATORY APPROPRIATION RESTRICTIONS IN THE CONSOLIDATED

APPROPRIATIONS ACT, 2017

To avoid Anti-Deficiency Act violations, the Department of Agriculture must comply with statutory appropriation restrictions in the Consolidated Appropriations Act, 2017, Pub. L. 115-31, (https://www.congress.gov/115/bills/hr244/BILLS-115hr244enr.pdf) Division E, Title VII, General Provisions Government-wide, Sections 745, 746 respectively. The restrictions pertain to financial http://www.ipp.gov/ https://www.congress.gov/115/bills/hr244/BILLS-115hr244enr.pdf

Page. 13 transactions with corporations that have tax delinquencies or felony convictions.

The relevant provisions are:

SEC. 745. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

SEC. 746. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

Forms AD-3030 [Representations Regarding Felony Conviction and Tax Delinquent Status For Corporate Applicants] and AD-3031 [Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants] are available on the Office of the Chief Information Officer’s website for applicable data collection. The requisite links to the forms are reflected below:

https://www.ocio.usda.gov/sites/default/files/docs/2012/AD- 3030%20REPRESENTATIONS%20REGARDING%20FELONY%20CONVICTION.pdf https://www.ocio.usda.gov/sites/default/files/docs/2012/AD- 3031%20ASSURANCE%20REGARDING%20FELONY%20CONVICTION.pdf

452.215-73 Postaward Conference. (NOV 1996)

A post-award conference with the successful offeror may be required. The Contractor Officer reserves the right to conduct this conference telephonically. If required, it will be scheduled within 15 days after the date of contract award.

https://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3030%20REPRESENTATIONS%20REGARDING%20FELONY%20CONVICTION.pdf https://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3030%20REPRESENTATIONS%20REGARDING%20FELONY%20CONVICTION.pdf https://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3031%20ASSURANCE%20REGARDING%20FELONY%20CONVICTION.pdf https://www.ocio.usda.gov/sites/default/files/docs/2012/AD-3031%20ASSURANCE%20REGARDING%20FELONY%20CONVICTION.pdf

Page. 14

SECTION H

SPECIAL CONTRACT REQUIREMENTS

NO APPLICABLE CLAUSES INCLUDED THIS SECTION

H-1 SITE SUPERINTENDENT

It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to- day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.

Site superintendent shall maintain on site a file containing the following project documents.

• Executed Copy of the Contract

• Contract Drawings

• Contract Specifications

• Quality Control Plan – (up to date)

• As-Built Drawing – (up to date) if required

• Work Orders

• Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.

H-2 - Designation of Contracting Officer Representative Prior to the commencement of work, the COR will be designated. The COR is responsible for administering the performance of the 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 the Contracting Officer prior to the completion of this contract.

Page. 15

SECTION I

CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.201-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.204-12 Data Universal Numbering System Number Maintenance (DEC 2012) 52.204-13 System for Award Management (JUL 2013) 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) https://www.acquisition.gov/far/index.html https://www.usda.gov/procurement/policy/agar.html

Page. 16

52.222-50 Combating Trafficking in Persons (MAY 2015) 52.222-55 Minimum Wages under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2017) 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) 52.223-17 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) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-13 Alternate Payment Protections – Construction (JUL 2000) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments (APR 2012) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (MAY 2014)

Page. 17

52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.251-1 Government Supply Sources (APR 2012) 52.253-1 Computer Generated Forms (JAN 1999)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition against the Use of Lead-Based Paint. (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)

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 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.

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Page. 18

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

_______NONE_____________________________________

[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;

http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

Page. 19

(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:

Page. 20

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).]

Page. 21

SECTION J

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

ATTACHMENT 01 DOL WAGE DETERMINATION Page(s) 6

GENERAL DECISION NE 170058

PUBLICATION DATE 04/21/2017 NE58

ATTACHMENT 02 THERMASCAN ROOF ANALYSIS REPORT Page(s) 45

ATTACHMENT 03 THERMASCAN ROOF ANALYSIS REPORT, Page(s) 1

IMAGE ATTACHMENT

ATTACHMENT 04 ROOF DETAIL DRAWINGS BASED ON Page(s) 4

ORIGINAL CONSTRUCTION

ATTACHMENT 05 EXISTING ROOFTOP HOODS AND INLETS Page(s) 4

*ATTACHMENT 06 EXPERIENCE QUESTIONNAIRE* Page(s) 4

ATTACHMENT 07 MARKED ROOF PENETRATIONS Page(s) 1

ATTACHMENT 08 CORE SAMPLE REPORT (to be uploaded to www.fbo.gov on or about 19 June 2017)

*Not included in resultant contract.

http://www.fbo.gov/

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SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

The solicitation provisions (Sections K, L & M) are for solicitation purposes only. They will be physically removed from any resultant award, but will be deemed to be incorporated by reference in the award.

52.204-8 Annual Representations and Certifications. (April 2016)

(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 238160__ [insert NAICS code].

(2) The small business size standard is _15.0 Million [insert size standard].

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification 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—

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

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

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

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(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran- Certification (OCT 2015)

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All Line items

- NAICS Code 238160

- Size Standard $15.0 million

(End of Provision) https://www.acquisition.gov/

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SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov www.usda.gov/procurement/policy/agar.html

(End of provision)

52.204-7 System for Award Management (Jul 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The http://www.acquisition.gov/ http://www.usda.gov/procurement/policy/agar.html

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Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

http://fedgov.dnb.com/webform

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(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2004)

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Female Participation for Each Trade: 6.9%

Goals for Minority Participation for Each Trade: 2.8%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where https://www.acquisition.gov/

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(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Lancaster County, Nebraska”.

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and…