Solicitation_package.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) See Section F

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

May 2, 2017 at 1400 CT submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f) Crystal Lake Outlet Culvert Replacement, Ashland

County, WI.

Enter pricing on schedule of items in section B

This project is 100% set-aside for HubZone

Reference AG-569R-S-17-0030 on outer mailing envelope.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Construction RFQ

AG-569R-S-17-0030

Crystal Lake Outlet Culvert Replacement

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Items

CRYSTAL LAKE OUTTLET CULVERT REPLACEMENT @ FR 211

Estimate of Quantities Item No. Description Pay

Unit Est.

Qty. Unit Price Total

15101 Mobilization LS 1.00 15713 Soil erosion & pollution control LS 1.00 20304 Removal of existing Culvert, Disposal Method 'A' LS 1.00 20415 Unsuitable Excavation CY 80.00 20803 Structural Backfill CY 60.00 20806 Structure Excavation CY 160.00 25101 Placed riprap, class 3 CY 10.00

30111 Aggregate surface course, grading D, compaction method B CY 75.00

40101 State of Wisconsin Superpave, Grade E-1, ESAL 0.3-3 TON 12.00

60202 64 x 43 Polymer coated CMP w/ 2:1 Partial Step Bevel LF 48.00

62528 Seeding, fertilizing, and mulching, dry method LS 1.00 62901 Erosion Control Mat, Type 2D or equivalent SQ YD 20.00 63501 Temporary Traffic Control LS 1.00

Total

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. There is a requirement for payment protections (Irrevocable Letter of Credit (ILC) or payment bond) if quote is over $35,000. The payment bond or ILC will be for 100% of the award price. See Section I for additional information. There is no bid guarantee required.

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

REGISTRATION.

c. There is no pre-bid meeting. Contractors should coordinate with Eric Lynch (715-762-5137) to arrange a site visit.

http://www.sam.gov/

Crystal Lake Outlet Culvert Replacement

d. There is a requirement to submit a technical proposal with your offer. See Section L & M for preparation instructions.

e. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

QUOTATION SUBMISSION INSTRUCTIONS TO OFFERORS

To be considered responsive, quotations shall include:

- A completed SF-18

- A completed Schedule of Items

- A completed Section K

- A completed Technical Proposal in response to the criteria identified in Section M

Offerors shall clearly write their name and address, the solicitation number (AG-569R-S-17-0030), and date and time due on their sealed envelopes. Address quotations to: Lake States Acquisition Team, Attn: Karie Linn, 500 Hanson Lake Road, Rhinelander, WI 54501. All quotes mailed or hand carried must be received by the date, time and location specified in this solicitation. Telegraphic, and/or facsimile quotes are not allowed on this solicitation.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract:

Culvert replacement for a failing and undersized culvert at FR 211. Work includes, but not limited to, asphalt sawing, excavation, culvert installation, compaction and backfill, and repaving. See attached supplemental specifications.

Project Location From the intersection of State Highway 77 and Ashland County Rd D in Namekagon, go west on Highway 77 for 4.1 miles to Dam RD; head north on Dam RD for 2.5 miles to FR 211; head north on FR 211 for 1.7 miles

Price Range

The Government's estimate is between $25,000 and $100,000

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

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.

C.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223- 9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense Roofing Products, low flow toilets, faucets, appliances

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

http://www.energystar.gov/ http://www1.eere.energy.gov/femp/procurement/eep_requirements.html http://www.epa.gov/watersense http://www.sam.gov/ http://www.biopreferred.gov/ g Erosion Control Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

h 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Foams, refrigeration products, air conditioning products

C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

SAFETY AND HEALTH

1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous

Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

1.3 COMPLIANCE WITH REGULATIONS

http://www.epa.gov/epeat http://www.epa.gov/snap https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

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 September 1, 2017. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 ___10___ days after the date of contract award. The conference will be held at __TBD_________.

G.1 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.

G.2 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.

G.3 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

RELEASE OF CLAIMS

To be submitted by contractor with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

G.5 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

Page of Unit (Region, Forest, District) Project: Contract No.

Name and Address of Contractor:

Invoice No. Invoice Date:

CONTRACTOR CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.6 INCIDENTAL PAYMENT ITEMS

The intent of the contract is to provide for the complete performance of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

http://www.acquisition.gov/far/

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) http://www.acquisition.gov/far/

Crystal Lake Outlet Culvert Replacement

52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) ALT 1 (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American Act-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.

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

“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:

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

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

Crystal Lake Outlet Culvert Replacement

Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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.

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

SECTION J--LIST OF ATTACHMENTS

J1 – Specifications J2 – Drawings and Maps J3 – Davis Bacon Wage Determination (03/12/2010 VT26)

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

FAR 52.204-8 Annual Representations and Certifications (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and 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) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

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

(v) 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.

Crystal Lake Outlet Culvert Replacement

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

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

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

(ix) 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.

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

(xi) 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

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

Crystal Lake Outlet Culvert Replacement

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation.

This provision applies to solicitation that include the clause at 52.204-7.

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

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

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

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

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

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification __ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

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

__ (vii) 52.227-6, Royalty Information.

Crystal Lake Outlet Culvert Replacement

__ (A) Basic.

__(B) Alternate I.

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

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

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

52.204-7 System for Award Management (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) PROVISIONS

452.204-70 Inquiries (FEB 1988)

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

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

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

http://farsite.hill.af.mil/ https://acquisition.gov/far/current/html/52_222.html#wp1147505

Crystal Lake Outlet Culvert Replacement

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

Goals for minority participation for each trade: 1.2% Goals for female participation for each trade: 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

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

Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Ashland County, WI

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

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

https://acquisition.gov/far/current/html/52_223_226.html#wp1169273

(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…