SF-1442 Continuation Solicitation .docx

CONSTRUCTION RFQ

Solicitation AG-569R-S-11-0047 Ottawa National Forests Roof Projects

CONSTRUCTION RFQ

Solicitation AG-569R-S-11-0047 Ottawa National Forests Roof Projects

PART I-THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICE/COSTS

O.N.F. Roof Projects FY11 Ontonagon & Bessemer Ranger Districts Ottawa National Forest Ontonagon County, Michigan

B-1 SCHEDULE OF ITEMS

Roof Repair (by replacement) Base Schedule Item

Non-compliant Decking / Sheathing Replacement Base Schedule Item

Roof Repair (by replacement) Optional Schedule Item

Non-compliant Decking / Sheathing Replacement Optional Schedule Item

Building - Roof Repair (by replacement) Optional Schedule Item

Building - Non-compliant Decking / Sheathing Replacement Optional Schedule Item

TOTAL $__________

Note* pricing for optional items must be available for 60 days from the close of this solicitation

B-2 NOTE: Work for individual line items includes all work, labor, materials, equipment, etc., for the complete installation of the items and its accessories.

CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals: (Offeror to complete this section and return.)

OFFEROR: __________________________________

it

2. GOVERNMENT: ADMINISTRATIVE CONTRACTING OFFICE:

USDA FOREST SERVICE

LAKE STATES ACQUISITION TEAM

CONTRACTING OFFICER

1755 S. MITCHELL ST. CADILLAC MI 49601

(231) 775-5023 EXT 8708

3. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be current in the Central Contractor Registration (CCR) at www.ccr.gov. To inquire on payment status once a contract has been awarded, contact the Miscellaneous Payments Section of the National Finance Center at 1-800-421-0323.

1. 4. INVOICES: Invoices shall be submitted in arrears, no advance payments will be authorized.

1. GOVERNMENT DESIGNATED BILLING OFFICE ADDRESS: All invoices from the contractor shall be mailed to the following address:

USDA FOREST SERVICE

ATTN: Brad Dalbec E6248 Hwy US-2 Ironwood MI 49938

1. In accordance with the Prompt Payment Act, payment will be due 14 days (Partial Payments) and 30 days (Final Payment) after:

2. Receipt of services; or

2. Receipt of proper invoice.

Whichever is later.

1. If payment is not received with 5 working days following the due date, notify Joni Strzelecki at (231) 775-5023 ext 8708

1. Contractors are encouraged to Contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

SECTION C – DESCRIPTION, STATEMENT OF WORK AND SPECIFICATIONS

The following scope of work describes the services requested at the Ontonagon Ranger District Administrative Site and at the Bergland Cultural and Heritage Center Site within the Ottawa National Forest in Michigan. Work shall be in accordance with this Statement of Work (SOW).

The intent of these projects is to:

1. Repair (by replacement) the roof covering components on the Ontonagon Ranger District Administrative Office Building,

2. Repair (by replacement) the roof covering components on the Bergland Cultural and Heritage Center Office Building, and

3. Repair (by replacement) the roof covering components on the Bergland Cultural and Heritage Center Ranger dwelling / Museum Building.

This is accomplished by (and not limited by or to) complying with the most current versions of applicable and/or salient parts of the following standards, guidelines, recommendations, regulations, codes, and laws: Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (ADAABAAG), Forest Service Handbook (FSH), Forest Service Manual (FSM), International Building Code (IBC), International Energy Conservation Code, Code of Federal Regulations (CFR), American National Standards Institute (ANSI), and American Society for Testing and Materials (ASTM). See the specifications and / or drawings for additional authorities having jurisdiction, standards, guidelines and the like.

Projects summary description: The Contractor shall provide all coordination, phasing, labor, material, equipment, incidentals, and supervision to accomplish and complete all of the Work in accordance with the drawings / photos and specifications, to accomplish the intent of this project.

Remove items designated for removal with least damage to adjacent structure components and surrounding environment. Structure components and / or surrounding environment unduly damaged by the Contractor may require replacement at the Contractor’s expense if the Contracting Officer (CO) determines replacement is necessary.

Material which is demolished and / or removed by the Contractor and not salvaged by the Government shall become the property of the Contractor and removed from Government property, and, if disposed of, shall be disposed of properly (in a legal and appropriate manner). It is not anticipated that materials / items will be salvaged by the Government under this contract.

There are buildings on the Bergland Cultural and Heritage Center Site that were originally constructed in the 1930s and are listed in the National Register of Historic Places. Exterior maintenance performed on visible components / elements (i.e. roofs in this instance) of these facilities needs to visually appear as it did upon completion of original construction in the 1930s in order to maintain compliance for being listed on the National Register of Historic Places.

The Work includes, but is not limited to:

1. Ontonagon Ranger District Administrative Office Building Roof Repair:

a. Removing existing roof covering (including, but not limited to, ridge vent(s), shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.),

b. Installing new roof covering (including, but not limited to, ridge vent(s), shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.),

i. The shingle style for this building is Architectural / Dimensional / multi-thickness (i.e. Laminated Asphalt); see the specifications for details.

c. For reference, the approximate roofing surface(s) area for this building is 3,200 square feet,

i. The contractor shall be responsible to verify all quantities prior to beginning Work; see General / Construction Notes for details.

2. Bergland Cultural and Heritage Center Office Building Roof Repair:

a. Removing existing roof covering (including, but not limited to, ridge vent, shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.),

b. Installing new roof covering (including, but not limited to, ridge vent, shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.).

i. Since this building was originally constructed in the 1930s, and is on the National Register of Historic Places, the exterior appearance of this building is to be retained to its original 1930s construction appearance. The shingle style for this building is three tab; see the specifications for details.

c. For reference, the approximate roofing surface(s) area for this building is 1,200 square feet,

i. The contractor shall be responsible to verify all quantities prior to beginning Work; see General / Construction Notes for details.

3. Bergland Cultural and Heritage Center Ranger Dwelling / Museum Building Roof Repair:

a. Removing existing roof covering (including, but not limited to, ridge vent, shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.),

b. Installing new roof covering (including, but not limited to, ridge vent, shingles, felt, felt underlayment, flashing, drip edge, non-compliant sheathing, etc.).

i. Since this building was originally constructed in the 1930s, and is on the National Register of Historic Places, the exterior appearance of this building is to be retained to its original 1930s construction appearance. The shingle style for this building is three tab; see the specifications for details.

c. For reference, the approximate roofing surface(s) area for this building is 1,400 square feet,

i. The contractor shall be responsible to verify all quantities prior to beginning Work; see General / Construction Notes for details.

4. Submitting all materials/equipment data sheets, test results, warranty/guarantee, as-built drawings (as applicable) and certificates to the Government for records/files; see the specifications for the complete list and details.

5. Cleaning up and properly disposing of all removed and/or demolished materials in accordance with the specifications / contract.

6. Keeping work-site clean and orderly throughout the course of the work in accordance with the specifications / contract.

7. NOTE: All work must comply with the IBC unless the specifications provide for better quality and / or more protection / safety.

Period of Performance:

Item No. 1 and 2 Ontonagon Ranger District Administrative Office – Base Schedule Item October 7, 2011 – October 31, 2011 Item No’s. 3 – 6 - Bergland site Optional Schedule Items May 1, 2012 – June 30, 2012

GENERAL/CONSTRUCTION NOTES FOR OTTAWA ROOF REPAIR PROJECT(S)

1. Government or Owner refers to the USDA Forest Service. Contracting Officer (CO) refers to the person assigned by the USDA Forest Service to administer the Contract. Soon after Contract award, the CO will designate a Contracting Officer’s Representative (COR).

2. The CO will schedule a pre-construction conference before starting construction; responsibilities, personnel assignments, etc. will be reviewed (Federal Acquisition Regulations (FAR) 52.236-26).

3. Prior to starting any work, where any work is to take place, field verify and/or determine all existing dimensions, sizes, materials, construction, elevations, slopes, and locations. Inform the Contracting Officer (CO) immediately, in writing, of any discrepancies; do not proceed with any work in the immediate area of discrepancies affecting that work until coordinated with and verified OK to do so by the CO.

4. The Contractor shall limit use of the premises to the work in areas indicated:

a. Confine operations at the site to areas indicated. Do not disturb portions of the site beyond the areas in which Work is indicated.

b. Repair damage caused by construction operations. Take precautions to protect the public during the construction period.

5. Develop, maintain, and implement (throughout the course of the contract) plans to provide for containment of hazardous materials and unplanned spills (if using petroleum based products, such as gasoline for equipment, lubrication fluid and / or grease for equipment, diesel fuel, etc.). Submit plans to COR within 5 calendar days after commencement of construction.

6. Construction Schedules shall be submitted as directed in FAR 52.236-15, Schedules for Construction.

7. The Contractor shall perform high quality work. Materials installed to uniform accurate fit so they meet with neat, straight lines, free of open seams or overlaps. Install exposed materials appropriately level, plumb and at accurate right angles or flush with adjoining materials. Work shall meet or exceed all national standards published by the trade.

8. The Contractor shall erect and maintain, as required by the existing conditions and for performance of the contract, reasonable safeguards for safety and protection, including posting warning signs against hazards, promoting safety regulations and notifying visitors to the site.

9. All demolished/removed materials, trash and debris shall be removed from the site and properly dispose of by the Contractor.

SECTION D--PACKAGING AND MARKING

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

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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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): www.arnet.gov/far/

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 June 30th 2012. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

{For this Solicitation, there will be no Government-Furnished Property}

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 to 10 calendar days after the date of contract award. The conference will be held at a location designated by the Contracting Officer.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting

52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Contractor Policy to Ban Text Messaging While Driving. (SEP 2010)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Cleaning Up (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.217-7 Option for Increased Quantity—Separately Priced Line Item.

As prescribed in 17.208(e), Option for Increased Quantity—Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR 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 CCR 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.

(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 CCR 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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.222-8 Payrolls and Basic Records.

Payrolls and Basic Records (June 2010)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify—

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

52.225-9 Buy American Act—Construction Materials.

Buy American Act—Construction Materials (Sep 2010)

(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 section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), 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 non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

None

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

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

(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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $150,000)

(a)The Contractor shall submit one of the following payment protections:

A Payment Bond An irrevocable letter of credit Tripartite escrow agreement

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 14 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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.

Order of Precedence--Construction

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

#of Attachment

Title of Attachment # 0f Pages

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

52.236-28 Preparation of Proposals—Construction.

Preparation of Proposals—Construction (Oct 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

52.204-8 Annual Representations and Certifications Annual Representations and Certifications (Oct 2010) (a)(1) The North American Industry Classification System (NIACS) code for this acquisition is 238160

(2) The small business size standard is 14.0.

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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 ORCA 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 clause at 52.204-7, Central Contractor Registration.

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

(vi) 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.

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

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

(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 $67,826, the provision with its Alternate II applies.

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

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

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

_x_ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii)…