quote_document_and_clauses.docx

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

5a. ISSUED BY Hoosier National Forest 811 Constitution Ave Bedford, IN 47421

6. DELIVER BY (Date)

See Section F

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

Estimated Price range is $25,000 - $50,000

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

TIN#_________________ DUNS#_________________

Email:______________________ Phone__________________ Fax____________

Are you registered in SAM (www.sam.gov)?_____

SCHEDULE OF ITEMS

SADDLE LAKE DAM-STRUCTURE 1

SLIDE GATE REPLACEMENT

HOOSIER NATIONAL FOREST

BASE ITEMS

Sum Lump Sum

Sum Lump Sum

Project Total Cost……………………………….…………………………………$ ______________

Performance period: 275 days from contract award.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows: _______________________________________________________________.

NOTES:

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

b. A pre-quote meeting is March 10, 2016 at 10:30a.m. Central time at the project location. Contractors are encouraged to attend the meeting so questions can be addressed. Questions can also be emailed to rkmanning@fs.fed.us.

c. Award will be made to one contractor. You must submit pricing for all items.

STATEMENT OF WORK

The project is located on the Saddle Lake Dam of the Tell City Ranger District, Hoosier National Forest. The location is just off Locust Road, within Anderson Township, Perry County, Indiana.

The project consists of the following:

· removing the existing sluice gate valve and stem within the gate chamber on the “wet” side of the wall and the waterman type gate valve and stem on the “dry” side of the wall

· install new sluice gate with wide flange and rising stem operator system on the “wet” side of the wall

· replace complete trash rack system including mounting “L” bolts and hardware at the drop inlet structure

· removal of all wall mounted ladder rungs in the structure

Schedule of Items Option Work Items Indian Lake Dam

Indian

Optional Items Total……………………………….…………………………………$____________

Schedule of Items Option Work Items Tipsaw Lake Dam

Tipsaw

Option items project is located at the Indian & Tipsaw Lake Dams of the Tell City Ranger District, Hoosier National Forest. The project consists of the following:

· Removing the existing sluice gate valve(s) and stem within the gate chamber on the “wet” side of the wall both dams.

· Installing a new sluice gate with wide flange and rising stem operator system on the “wet” side of both.

· Replace the bottom three angle trash rack components on the Tipsaw Dam structure including “L” bolts and hardware both sides. Add four lower angle trash rack components including “L” bolts and hardware to the Indian Lake structure to match Tipsaw both sides.

Option Work Items Indian & Tipsaw Lake Dams

Total Base and all options $_________________

SPECIFICATIONS

SADDLE LAKE STRUCTURE #1 VALVE REPLACEMENT

PART 1 – GENERAL

1.1 CONDITIONS

A. The equipment provided under this specification shall be fabricated, assembled, erected, and placed in proper operating condition in full conformity with the drawings, specifications, engineering data, instructions and recommendations of the equipment manufacturer unless exceptions are noted by the engineer.

B. The Contractor shall furnish and install the following Stainless Steel slide gate assemblies as listed in the Materials specification. The Stainless Steel slide gate assemblies shall include the gate, frame, stem, stem guides, wall bracket and lift. Stainless Steel slide gates and installation shall meet the requirements of AWWA C561 except as modified herein.

C. Gates and operators shall be supplied with all the necessary parts and accessories indicated on the drawings, specified or otherwise required for a complete, properly operating installation, and shall be the latest standard product of the manufacturer regularly engaged in the production of fabricated gates.

1.2 SECTION REQUIREMENTS

A. Valve Systems and Rising Stem Operator Systems:

a. Saddle Lake Dam: Remove both complete existing gate valve systems in the “wet” and “dry” chambers; install new stainless steel sluice gate with wide flange and rising stem operator system in the “wet” chamber on the downstream wall where existing valve is. All work will be done at the Saddle Lake Dam inlet structure located along Locust Road, within Anderson Township, Perry County, Indiana.

b. Indian and Tipsaw Lake Dams: Remove both complete existing gate valve systems in the “wet” chambers; install new stainless steel sluice gate with wide flange and rising stem operator system in the “wet” chamber on the downstream wall where existing valve is. All work will be done at the Indian Lake Dam inlet structure located off S Indian Lake Rd in Clark Township and at the Tipsaw Lake Dam inlet structure located just off Apricot Rd Leopold Township, Perry County, Indiana B. Trash Racks:

a. Saddle Lake Dam: Replace all trash rack grating and angles including hardware (this includes all “L” bolts) on both sides of the structure. See modification to the existing for new replacement on the attached drawings. As shown on the drawings the wet chamber side currently has angle racks below the 24“grating panel. These angle racks are being replaced with grating.

b. Indian and Tipsaw Lake Dams: Replace the bottom two trash rack angles including hardware (this includes all “L” bolts) on both sides of the Tipsaw structure. Install four lower trash rack angles including hardware (this includes all “L” bolts) on both sides of the Indian Lake structure to match the Tipsaw structure.

C. Saddle Lake Dam: Remove all stair rungs in both the wet and dry chambers. These are to be removed flush to the concrete and smooth as to not have any sharp edges.

D. Indian and Tipsaw Lake Dams: Replace both wet chamber covers with the current style bar grating on the Indian Lake structure. Reinforce the cut out portion of both covers.

E. Saddle Lake Dam: Core drill one 8” maximum hole in the top of the wet chamber for hoist access into the wet chamber. Hole to be fitted with a securable cover when not in use. This item is incidental to the valve installation.

F. Lift Pedestals:

a. Saddle Lake Dam: Mount Lift pedestals to top concrete surface.

b. Indian and Tipsaw Lake Dams: Mount the lift pedestals on wall brackets. Use existing wall bracket on the Indian Lake structure. The existing Tipsaw wall bracket to be replaced with a wall bracket from Hydro gate or “approved equal”.

G. Work will require Confined Space Entry. Contractor to comply with all OSHA requirements for this entry. Workers must be able to show certification in confined space entry.

1.3 SUBMITTALS

A. The contractor shall submit for approval by the COR, drawings showing the principal dimensions, general construction and materials used in the gate and lift mechanism.

a. Manufacturer’s information, specifications, and data showing dimensions, materials of construction, and weight of all major items of equipment.

b. Installation diagrams showing location, arrangement, and size of all fasteners required for the equipment.

c. Setting drawings, templates, and instructions for installation of frames, etc.

d. Certification that all components were designed based upon the maximum seating and unseating heads described herein.

1.4 PERFORMANCE

A. Leakage

a. Sluice gates shall be substantially watertight under the design head conditions. Under the design seating head, the leakage shall not exceed 0.05 U.S. gallons per minute of seating perimeter. The design seated head: Saddle Lake Dam 30, Indian & Tipsaw 27’-6”.

B. Field Test

a. After installation and before the gates are put into operation, a leakage test shall be performed on all slide gates in accordance with AWA C561. Excess leakage shall be reduced to the maximum by adjusting the gate, frame and seals.

1.5 WARRANTIES

a. Provide standard manufacturer’s written warranty, without monetary limitation, signed by manufacturer agreeing to promptly repair or replace products that fail in materials or workmanship for the period of one year. Provide one-year workmanship warranty for installation.

PART 2 – PRODUCTS

or approved equal, stainless steel sluice gate, extra wide flange, including frame, guides and slide seals, compression cord, bottom seal, slide, top seal, yoke and necessary parts and accessories. Gate shall be fastened to the concrete structure with stainless steel anchor bolts as recommended by the manufacturer for this installation.

a. STANDARD MATERIALS GATES:

1. Frame, Slide, Yoke, and Reinforcing: Stainless Steel, ASTM A240/A240M, Type 304L, or ASTM A240/A240M, Type 316L

2. Stainless Steel for stems: ASTM A-276, Type 304.

3. Stainless Steel for fasteners: F-593/F-594, Alloy Group 1, 2 (SS304, SS316)

4. Invert seals and compression load pad: Neoprene, ASTM D2000, 60 Durometer, with a stainless steel ASTM A276, Type 304L, or Type 316L retainer bar.

5. Side Seal: Ultra High Molecular Weight (UHMW) Polymer, ASTM D4040

6. Top Wedges: Type 316 Stainless Steel ASTM A351-CF8M

a. Slide The slide shall consist of a flat plate reinforced with formed plates or structural members to limit its deflection to 1’720 of the gate’s span under the design head.

b. Frame, Guides and Seals The gate frame shall be constructed of structural members or formed plate welded to form a rigid one-piece frame. The frame shall be of the flange back design suitable for mounting on a concrete wall with extra-wide flange. The guide slot shall be made of UHMW (ultrahigh molecular weight) polymer.

The guides shall be made of UHMW (ultrahigh molecular weight) polymer and shall be of such length as to retain and support at least two thirds (2/3) of the vertical height of the slide in the fully open position.

Side and top seals shall be made of UHMW (ultrahigh molecular weight) polymer of the self-adjusting type. The sealing system shall maintain efficient sealing in any position of the slide and allow the water to flow only in the opened part of the gate.

The bottom seal shall be made of resilient neoprene set into the member of the frame and shall for a flush-bottom.

c. Yokes Yokes of self-contained gates shall be provided with a yoke made of structural members or formed plates. The maximum deflection of the yoke shall be 1/360 of the gate’s span.

B. Hydro Gate Pedestal mounted hand wheel lift, CPS2, with Type 304 Stainless Steel Stem and plastic stem cover with mylar position indicator (or approved equal).

a. Stem and Stem Splices Stems shall be manufactured from stainless steel sized (min. 1-1/2” dia.) to withstand the axial compressive and tensile forces created during gate operation under the specified unbalanced heads and to transmit in compression at least two times the rated output of the lift with a 40-lb effort on the crank or hand wheel. Threading on stems shall be rolled with double-lead threads of the Acme type. Cut threads will not be allowed. The contact surfaces of the threads shall have a maximum 16 micro-inch finish. Stem couplings shall have internal threads for transmitting the full thrust of the stem and shall be held in place on the stem with a key, simultaneously engaging the coupling and both stems.

b. Stem Guides Stem guides shall be Type “B” and collar with red head self-drilling cinch anchors with ¾” dia. X 3” stud (ST) bolt and 2 hex nuts (or approved equal. The stem guides shall be properly spaced to support the stem as a long column, with maximum spacing not to exceed and l/r of 200.

c. Lifts Manual Lifts – Pedestal Hydro Gate CPS2 Cast Iron Type Geared Lift with crank, Type 304 Stainless Steel stem. The lifts shall be of the enclosed gear type with crank handle. Gears shall be steel with machine-cut teeth designed for smooth operation. The gearing and lift nut shall be mounted in a cast iron housing which, in turn, shall be supported by a cast iron or structural steel pedestal to place the input shaft approximately 36 in. above the floor. Lubrication fittings shall be provided in the gear housing to permit lubrication of all gears and bearings. A maximum effort of 40 lbs shall be required to operate the gate after it is unseated from its wedging devices. All rising stem gates shall be supplied with a clear plastic stem cover. Geared lifts shall be suitable for manual and portable motor operation. Lift nuts shall be high-strength bronze. Oil bath lubrication shall not be allowed.

d. Stem Covers Rising stem gates shall be provided with a plastic stem cover with mylar position indicator clear plastic stem covers that will not discolor, crack or become opaque for at least 5 years after installation. The covers shall be capped, vented, and long enough to allow full travel of the gate.

e. Fasteners All anchor bolts, studs, assembly bolts, cap screws, nuts, and adjusting screws shall be of ample section size to withstand the force created by operation of the gate under full heads of water specified and shall be stainless steel.

f. Wall Bracket for Lifts Indian and Tipsaw Lake Dams: Provide wall bracket for Tipsaw structure to mount the lift pedestal. Use Hydro Gate wall bracket recommended by the manufacture or “approved equal”. Use stainless steel bolts that penetrate the concrete wall with stainless nuts and washers, both brackets. Use the current Indian Lake bracket.

b. Indian & Tipsaw Lake Dams: Bar grating for the entry cover, angle grating and hardware for the trash rack to be galvanized. For the new bar grating covering the access to the wet chamber shall be McNichols CO. Quality Welded Bar Grating (or equal), Galvanized Hot Dipped, GW 75 Smooth, Welded, ¾” x 3/16” Bearing Bars 1-3/16” on Center, Bearing Bars Run Parallel to LENGTH, Regular Cross Bars 4” on Center, 19W4 Spacing.

D. All grates, angles, L bolts, and hardware shall be galvanized and sized according to the drawings.

PART 3 – EXECUTION

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

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.(Sept 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml and then click on Biobased Produducts for a completed category listing in the Biopreferred Catalog.

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to James Klug.

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 275 days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within ___5___ days after the date of contract award.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

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

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

EQUIPMENT CLEANING

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

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

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

INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

52.225-9 Buy American—Construction Materials. 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.

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison 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

Item 1:

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).]

52.225-10 Notice of Buy American Requirement—Construction Materials. (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any [Department of Agricuture Regulation ] (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

Construction Wage Requirments Determination As built Details Title Sheet

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

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

Reporting Questions: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com

52.204-8 Annual Representations and Certifications (DEC 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

(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.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain…