quote_document_and_clauses.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

DATE

AG-52B1-S-16-0041

DATE

07/06/16

INFORMATION CALL:

07/20/16 11:00 a.m. e.s.t.

9. ISSUED BY CODE

10. THIS ACQUISITON IS

NAICS: 238910 BUSINESS

|_| SERVICE-DISABLED VETERAN- |_| 8(A)

SIZE STANDARD: $15mil OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

XX RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

Midewin NTGP

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

IPP

TELEPHONE N0.

|_| SEE ADDENDUM

Furnish all labor, materials, supervision, permits, tools, and equipment required to demolish the East Side Fire Station on the Midewin National Tall Grass Prairie, Wilmington, IL

Emailed submissions are preferred to: rkmanning@fs.fed.us No fax submissions will be accepted.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

TIN#_________________ DUNS#_________________

Email:______________________ Phone__________________ Fax____________

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

PART I - THE SCHEDULE

SECTION A – CONSTRUCTION ITEMS

East Side Fire Station

SCHEDULE OF BID ITEMS

2. Demolition Of East Side Fire Station consisting of three (3) buildings as listed below

Performance period: 100 days from Contract Award.

THIS IS A 100% SET-ASIDE FOR WOMEN OWNED BUSINESSES.

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. There is a pre-quote meeting July 12 at the Midewin Office, 30239 S. SR53, Wilmington, IL 60481 at 10:00a.m. local time.

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

SECTION C - GENERAL SPECIFICATIONS

C.1 SCOPE OF CONTRACT

Provide labor, materials, and equipment required to remove the following items on the Midewin National Tallgrass Prairie. Task will include, but not be limited to, the following items:

Item 8.a Removal of misc. wood frame building including slab/foundation removal:

Remove and dispose/recycle offsite (concrete may be recycled on-site and used as clean fill as long as it is processed before placement and is placed a minimum of two feet below final grade) wood structures, concrete floors, concrete foundation walls, concrete pipe trenches,and misc. concrete slabs and walks associated with the following buildings in Group 24, East Side FIRE STATION:

Buildings are to be removed entirely, extending to an elevation equal to two feet below surrounding grade. If the structure extends deeper than two feet, any concrete the contractor chooses to leave in place must be sufficiently broken so as to allow water to percolate through it at a rate approximately equal to the rate of the surrounding soil. Vertical foundation walls as well as basement floors must be cracked and/or punctured to allow water to percolate through the concrete.

Forest Service COR will determine if concrete is sufficiently broken. The contractor may elect to remove concrete below the two foot level at his own expense if so inclined to expedite the work.

It is anticipated that enough topsoil can be recountoured on site to cover all of the removed structures. A secondary source of topsoil is available at the Midewin Supervisor’s Office.

All contents of the building including but not limited to boilers, tanks, walkways and catwalks, windows, doors, frames, fixtures, furnishings, and debris are to be removed and disposed/recycled offsite.

It the responsibility of the contractor to divert as much waste as possible away from the landfill. This shall be accomplished by adhering to the methods descrobed in the Demolition Material Reuse/Recycle and Disposal matrix included below.

The following is offered to clarify the issue of free tipping fees at the Prairie View Landfill (PVL) located immediately south of the MNTP: (This is provided for information only and is subject to change and is not within the control of the USDA Forest Service it only represents the current situation at the Prairie View Landfill.

· PVL is accepting ACM. It is handled differently than other wastes. PVL can't handle huge amounts per day due to the way they are required to bury ACM. There are also placarding, handling, and paperwork differences. Contractor should contact PVL scale house for details.

· Miscellaneous debris such as hard to handle utility poles, RR ties, etc. need to be cut into 3 foot lengths.

· Concrete is a recyclable material and is generally not accepted at the PVL. Contractor will need to find a concrete recycle facility and haul material to the facility as well as pay for any processing fees unless otherwise agreed upon with PVL.

· When PVL goes into a new cell (first layer over plastic liner), they will not be able to accept certain materials, it it up to the contractor to coordinate with PVL.

Item 1. Asbestos Analysis/Certification

Provide ACM inspection performed and signed by an Illinois Licensed ACM inspector to satisfy State of Illinois requirements prior to demolition.

This inspection is intended to identify all possible ACM associated with this project in order to determine the proper method of removal and disposal. At a minimum this will include the siding on the buildings.

NOTE: In addition to the ACM, its should be noted that the peeling paint within the building should be considered to be lead based paint, based on the age of the buildings. It is the responsibility of the contractor to handle this material in accordance with all associated regulations where applicable.

Remove and dispose off-site all identified ACM materials for all of the above listed buildings and structures in Group 24 per appropriate federal, local and state regulations. ACM may include roofing, siding, floor tile, mastic, or other building materials

Item 12. Seed & Mulch work area:

The entire work area shall be seeded with the following seed mixture:

spring oats - 25 lbs/acre perennial ryegrass - 10 lbs acre redtop - 5 lbs acre bluegrass - 5 lbs acre Hungarian (smooth) brome grass - 5 lbs acre No fertilizer.

Seeded area shall be covered with straw or other approved mulch.

C.2 LOCATION AND DESCRIPTION

Location – Group 24 is located east of Route 53, south of Prairie Creek, on the Midewin National Tallgrass Prairie, in Wilmington, IL. A map depicting the area is included as Attachment A.

C.3 TECHNICAL REQUIREMENTS

A. Equipment Requirements

Equipment shall be furnished on a fully operated basis, of modern design, and in good operating condition, with a competent qualified operator. Exhaust stacks on all engines, except those with exhaust-driven turbo-chargers, shall be equipped with spark arresters that will prevent the expulsion of sparks from the engine into the atmosphere. All fuel, supplies, repairs, and incidentals shall be furnished by the Contractor.

1. Inspection of Equipment

Equipment will be inspected at the time it is delivered to the job. Equipment shall be clean, such as equipment that has been through a truck wash and not carrying invasive plants or seeds. Equipment that does not meet contract specifications may be rejected. Rejected equipment will be replaced or the deficiencies corrected within four (4) calendar days after notice of rejection. If the equipment cannot perform on site it may also be removed or replaced.

2. Operator

The Contractor shall furnish a qualified, experienced and competent operator, capable of operating the equipment in terrain similar to that where the work is to be performed. The Government may require the replacement of an operator who is considered incompetent, careless, or otherwise objectionable. Operator shall wear OSHA approved safety gear while operating equipment and comply with the Occupational Safety and Health Act of 1970 (as amended).

B. Safety

The contractor and its employees and subcontractors shall comply with all State and local safety requirements and will be thoroughly familiar with the Forest Service Safety Code for work of this type. This code is available for review at the closest Forest Service office. Protective devices, including but not restricted to hard hats, shall be worn. All efforts shall be made to protect traffic and the contractor vehicles shall stay within the appropriate speed in the areas but not to exceed thirty miles per hour (30 mph). When working, the contractor shall make readily available spill cleanup materials and any spill greater than one (1) pint shall be immediately reported to the Contracting Officer’s Representative (COR).

Contractors must avoid remaining contaminated Army land in or near the work area, and must be aware of the potential for discovery of CERCLA wastes, TSCA (PCB) equipment, or remnant ordnance materials (Munitions and Explosives of Concern (MEC)). Contractors shall notify the Midewin Safety Officer and COR or Inspector of any discovered suspicious material, equipment or items encountered during work.

C.4 PERFORMANCE REQUIREMENTS

Contractor is responsible for any notifications, licenses or permits required to perform this work.

All material disposals shall be in accordance with all applicable federal, state and local laws/regulations. Reuse/Recycle opportunities are to be maximized. Contractor shall provide all weigh tickets or other evidence of proper disposal in a timely manner but no later than with invoice(s).

B. Performance Schedule

The overall performance period for completion of the task is 100 days. Work may begin on or after August 1, 2016.

D. Protection of Resources & Reparation of Any Damages

Contractor shall confine operations to the designated work area, follow designated travel lanes and use existing roads, rail beds, and parking areas unless approved by a FS representative. Contractor shall avoid entering any areas enclosed by orange construction fencing, or bamboo stakes and flagging. Any soil or other resource damage (e.g. rutting deeper than six inches, tracking, etc.) shall be mitigated by the contractor prior to completion of the work.

The Contractor will ensure spill cleanup materials will be available on each project at all times on the Prairie. Any spill greater than one (1) pint must be immediately reported to the COR or Inspector. Contractor personnel must have training to ensure they are qualified to identify such releases and are competent to provide proper cleanup and reporting. All spilled materials and impacted soils will be removed and properly disposed as necessary.

The contractor shall recycle all applicable demolition waste including but not limited to brick, steel and concrete, unless otherwise approved by the USDA Forest Service Contracting Officer’s Representative (C.O.R.). The contractor shall submit in a timely manner to a designated representative of the USDA Forest Service all available weight tickets for the removed materials, recycled and landfilled.

1. Land clearing debris

Stockpiled on Midewin Landfill roads, other landscape use. May be tailored by Midewin to specific project needs

2. Ferrous Metal

3. Non-ferrous Metal

4. Asbestos

Asbestos-containing Floor tile

Asbestos-containing siding

Asbestos-containing Refractory/fire brick

5. concrete

6. Asphalt

Landfill may accept as road material.

Removed from Midewin

7. Brick

Removed from Midewin

8. Stone

9. Wood

10. Light fixtures

11. Other

END

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.

The contractor must comply with Section 9002 of the Farm Security and Rural Investtment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Enviromental, Energy, and Transportation Management”, and the Federal Acquisition Regulations to provide green products. All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased, recycled content, energy star, and environmentally preferable products.

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 For more information regarding Energy Star products go to http://www.energystar.gov/

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 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 100 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

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 238910.

(2) The small business size standard is $15 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 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) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

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

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

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

(x) 52.219-2, Equal Low Bids.