AG-6197-S-17-0012_SOLICITATION_PACKAGE.rtf

AG-6197-S-17-0012

TO ALL PROSPECTIVE BIDDERS

The U.S. Department of Agriculture, Animal Plant Health and Inspection Services on behalf of Agricultural Research Service, anticipates award of a Firm-Fixed- Price Contract, as set forth i n this sealed bid solicitation.

A pre-bid conference a and site inspection will be conducted for information concerning the Government's requirements and to answer any questions Regarding this solicitation. The site visit is scheduled for August 22, 20 17 a t 9 :00 am CT and will be held at US DA, NCAH Campus 1920 Dayton Ave, Ames, Iowa 50010. All prospective participants must contact Mike Kuennen via email at michael.kuennen@ars.usda.gov" michael.kuennen@ars.usda.gov 48 hours prior to attending, as the USDA is a secure campus. All question s on this project must be in writing and should be emailed or faxed to the Contracting Officer at Sarah.C.Schauf@Aphis.usda.gov within three days after the site visit.

. Questions/Answers will be posted to www.fbo.gov.

The following instructions will assist you in submitting a responsive bid:

In order to be considered responsive, a bidder must complete and ret urn 1original & 1 copy of the following:

NOTE : Contractors are req uired to register or update their registration at the System for Award Management t, SAM website at www .sam .gov in order to receive a contract award u under this solicitation.

Bids must be returned in a sealed envelope with the following information on the outside of the envelope: Provide the solicitation number, bid opening date, and bid opening time on the outside of sealed envelope.

Bids must be received no later than 9:00 A.M. CST on September 15, 2017 as set forth in Item 13 of Pa rt I - THE SCHEDULE (SF-1442).

Bid opening location will be at the USDA Campus, Bldg. 20, room number 1054, All prospective participants must contact Mike Kuennen via email at michael.kuennen@ars.usda.gov" michael.kuennen@ars.usda.gov 48 hours prior to attending, as the USDA is a secure campus.

FACSIMILE OR EMAILED BIDS WILL NOT BE ACCEPTED.

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

TABLE OF CONTENTS

(AGAR 452.211-73) (FEB 1988)

SECTION D - PACKAGING AND MARKING

[For this solicitation, there are NO clauses in this Section.]

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.l COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)............................... ................................................................ SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

(AGAR 452.236-74) (NOV 1996):................................... :...................................:

CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE ....................................... H.9 PROPERTY DAMAGE LIABILITY INSURANCE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

(FAR 52.228-15) (OCT 2010)

ALTERNATIVE_PAYMENT PROTECTIONS (FAR 52.228-13) (JUL 2000)

REIMBURSEMENT FOR BOND PREMIUMS -- FIXED-PRICE CONSTRUCTION CONTRACTS (AGAR 452.232-70) (NOV 1996)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS ..................... SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment I - Wage Determination Attachment II - Specifications and Drawings

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FAR 52.252-1) (FEB 1998)

(FAR 52.204-g)(JAN 2017)...............:...................................:...................................:

(FEB 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

(FAR 52.222-23) (FEB 1999)

NOTICE OF BUY AMERICAN ACT REQUIREMENTS - CONSTRUCTION MATERIALS (FAR 52.225-10) (MAY 2014)

L.9 SITE VISIT (CONSTRUCTION) (FAR 52.236-27) (FEB 1995) (Alt. I - FEB 1995)......... SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION OF BIDS

SECTION B- SUPPLIES AN D SERVICES AND PRICE/COST

B.1 BID SCHEDULE:

In order to be considered responsive, a bidder must bid on all items in the quantities stated in the schedule.

Project Title: Repair Steam Condensate Piping for Building 21 Location: USDA, APHIS, ARS, Ames, Iowa 50010

BASE BID

The Contractor shall furnish all labor, materials, supervision, and equipment needed to Repair Steam Condensate Piping for Building 21 at the USDA Campus Ames, IA. The work includes but is not limited to: Provide all Labor, materials and supervision to complete building 21 steam condensate system which was previously modified to reject the condensate from the system to sanitary due to piping problems upstream of building 21. The work includes pipe the condensate back through building 21 and building 20 to tie into the condensate system located in the basement mechanical room 0104 to capture the wasted condensate for the boiler system in strict accordance to the Specifications and Drawings.

LUMP SUM BID FOR BASE BID ITEM ONLY $ --------

Data Universal Numbering System (DUNS)

Provide your Dun and Bradstreet Number: # _

Base Period of Performance - The base period of performance is 182 calendar days from date of issuance of the Notice to Proceed.

Vets 100 Report: Prior to award, the successful bidder must provide evidence of a current VETS l 00 report. Visit http://www.dol.gov/vets/contractor/main.htm for information on filing your report with the Department of Labor.

All work shall be in strict accordance with the attached Drawings and Specifications.

SICTION C - DESCRI PTION/SPECIFICATION/WORK STATEMENT

C.l STATEMENT OF WORK/SPECIFICATIONS (AGAR 452.211-72) (FEB 1988)

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

C.2 ATTACHMENTS TO STATEMENTS OF WORK/SPECIFICATIONS (AGAR 452.211-73) (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.

SECTION D - PACKAGING AND MARKING

(For this Solicitation, there are NO Clauses in this Section)

SECTION E - INSPECTION AND ACCEPTANCE

SUBSTANTIAL COMPLETION INSPECTION

The Contractor shall notify the COR at least ten (10) calendar days before the end of the contract completion date to schedule the project for a substantial completion inspection to be conducted.

FINAL INSPECTION

A final inspection shall be made only when all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract in accordance with the terms has been completed. If, upon examination by the Contracting Officer and/or Government inspection personnel, the project is determined not sufficiently completed to have warranted a final inspection, the Contractor may be held financially liable for additional cost of reinspection when material and workmanship are not ready at the time specified by the Government for i ts inspection.

The contractor shall give the Contracting Officer ten (l 0) calendar days advance notice, in writing, of the date the work will be fully completed and ready for final inspection.

The Contracting Officer wi ll notify the Contractor of any discrepancies and /or omissions noted at the final inspection by providing a "punch list" as to the discrepancies/omissions, replacement of materials and performance or reperformance of any unsatisfactory work necessary for final acceptance. This notification shall not in any way be deemed an extension of the contract completion date. If all construction required by the contract is found completed and all contractual documents (i.e. payrolls, shop/as-builts/red-line drawings, release from claims, etc.) have been submitted, the Contracting Officer shall notify the Contractor of such in writing by processing the final payment for the project. ·

Acceptance shall be final and conclusive, except for latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding the Government's right under any warranty or guarantee.

E.3 FINAL ACCEPTANCE

Upon written notification that all deficiencies identified during the final inspection have been corrected, the Contracting Officer will schedule a final acceptance inspection of the work. If all construction required by the contract is determined to be complete and all requisite contract deliverable (e.g., certified payrolls records, operation & maintenance manuals, as-built drawings, warranty documents, etc.) have been submitted and approved by the Government, the Contracting Officer shall notify the Contractor in writing of such acceptance. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984)

The contractor shall be required to (a) commence work under this contract within 14 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 90 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER'S REPRESENTATIVE

A Contracting Officer's Representative (COR) will be designated after contract award.

The contractor will be notified by letter of the name and duties of the COR.

CONTRACT CLOSEOUT

Project Record Drawings:

Keep record documents current.

payment.

Submit within ten days after date of substantial completion.

2. For items of work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

AS-BUILT DRAWINGS

On completion of work, one set of paper specifications and one print and one plastic reproducible of each of the contract drawings accompanying those specifications shall be neatly and clearly marked in red to show all variations between the construction actually provided and that indicated or specified and delivered to the CO. Where a choice of materials and/or methods is permitted, the as-built drawings shall define the construction actually provided.

Representation of such variation shall conform to standard drafting practice and include such supplementary notes, legends and details as may be necessary. The contractor shall stamp the term RECORD DOCUMENTS, date and sign all plastic reproducibles, drawings and volumes of marked specifications. Legibility and clear portrayal of the as-built construction and marked prints shall be subject to approval by the Contracting Officer with the recommended approval of the Engineering Project Manager (EPM).

RELEASE FROM CLAIMS

Upon satisfactory completion of all work, the contractor shall furnish a statement of release of all claims against the Government arising under and by virtue of the contract. The contractor shall complete and submit, on company letterhead, the following statement with his final billing:

"For and in consideration of the receipt of final payment in the amount of $ under and pursuant to Contract No. the undersigned hereby releases the Government from any and all obligations whatsoever arising under said contract.

Signature _ file_0.png file_1.wmf

SUPPLEMENT TO CHANGES CLAUSE

The provisions of the Changes Clause (FAR 52.243-4) (JAN 2007), as applicable, are supplemented as follows:

SUMMARY SHEET FORMAT

DATE PROJECT LOCATION

CONTRACT NUMBER CONTRACTOR CHANGE ORDER NO.

-- DESCRIPTION

PRIME CONTRACTOR'S WORK

1. Direct Materials

% of line 1

8.

Overhead % of line 7 9.

SUBTOTAL (add lines 7-8)

SUBCONTRACTORS WORK

SUMMARY

% of line 26 $

Estimated time extension (if any and justification):

Signature and Title of Preparer Date

NOTE: THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT OF ALL SUBCONTRACTORS AND THE PRIME CONTRACTOR SHALL NOT EXCEED 30 PERCENT. FOR PRIME CONTRACTOR’S WORK ONLY, THE CUMULATIVE TOTAL FOR OVERHEAD AND PROFIT SHALL NOT EXCEED 20 PERCENT.

INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of required contract deliverables, the contractor shall submit invoice as follows:

The contractor shall include the following information on each invoice in order to be considered a proper invoice:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)

POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at:

USDA, APHIS 1920 Dayton Ave, Bldg. 20, Ames, IA 50010.

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least

$200,000 multiplied by the number of seats or passengers, whichever is greater.

INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

$200,000 multiplied by the number of seats or passengers, whichever is greater.

PROHIBITION AGAINST THE USE OF LEAD-BASED PAINT (AGAR 452.236-71) (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

5 USE OF PREMISES

(AGAR 452.236-72) (NOV 1996)

maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (AGAR 452.236-74) (NOV 1996)

CONSTRUCTION PROGRESS AND PAYMENT SCHEDULE

Within fourteen (14) days after the date of receipt of Notice to Proceed, the contractor shall prepare and submit to the Contracting Officer for approval the original copy of ARS Form 371, Construction Progress and Payment Schedule. This form will serve as a Schedule of Estimates, Progress Schedule, and when used with ARS Form 372, it will be basis for Requests or Partial Payment. The values employed in making the schedule will be used only for determining partial payments and will not be considered as fixing a basis for additions to or deductions from the contract. A copy of the approved schedule will be returned to the contractor.

PROPERTY DAMAGE LIABILITY INSURANCE

The contractor shall ensure that the property damage liability insurance policy (or rider) required by FAR 52.228-5, Insurance -- Work on a Government Installation, is in full . compliance with all the terms and conditions of this contract. The policy shall not contain any exclusions or exceptions that would limit or adversely affect the Government's rights and remedies under any other clause in this contract or other Federal regulation or law. Should there be any exclusions or exceptions contained in the policy that limits or adversely affects the Government's rights, the contractor shall be responsible for the full amount of any damages that occur to the immediate facilities, adjacent facilities/property, and other Government property under the control of the contractor due to fraud, negligence, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, and laws. The contractor shall have full responsibility and is liable for these facilities and properties until the Government has accepted the contract as being completed in full and a release from claims has been received from the contractor.

For those areas where the Government has taken "beneficial occupancy" prior to completion and acceptance of the whole contract, the contractor shall not be responsible for those specific areas under Government control, except in such instances where damage occurs to those areas as a result of negligence, fraud, vandalism, willful misconduct, or violation of Federal, state, or local safety regulations, building codes, or laws in those areas under the control of the contractor.

This liability and responsibility includes the activities of all the contractor=s personnel, the subcontractors, and suppliers.

SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.11 UTILITIES OUTAGE

Any interruption of utilities or services that would interfere with the operation of the facility will be permitted only with prior written approval from the Contracting Officer. Any utilities or service connections made at other than normal working hours will be at no additional cost to the Government. Permission to make such an interruption shall be requested in writing to the Contracting Officer, at least fourteen(14) days prior to the day of interruption. Failure by the Contractor to comply with this requirement will cause the Contractor to be subject to liability for actual damages.

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following 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 these addresses: http://acquisition.gov/comp/far/loadmainre.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NU NUMBER DATE TITLE

52.202-1

NOV 2013

DEFINITIONS

52.203-3

APR 1984

GRATUITIES

52.203-5

MAY 2014

COVENANT AGAINST CONTINGENT FEES

52.203-6

SEP 2006

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

52.203-7

MAY 2014

ANTI-KICKBACK PROCEDURES

52.203-8

MAY 2014

CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12

OCT 2010

LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.204-4

MAY 2011

PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

52.204-7

OCT 2016

SYSTEM FOR AWARD MANAGEMENT

52.204-10

OCT 2016

REPORT EXECUTIVE COMPENSATION AND FIRST

TIER SUBCONTACT AWARDS

52.209-6

OCT 2015

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTOR'S

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.214-29

JAN 1986

ORDER OF PRECEDENCE - SEALED BIDDING

52.215-8

OCT 1997

ORDER OF PRECEDENCE -UNIFORM CONTRACT

FORMAT

52.217-7

MAR 1989

OPTION FOR INCREASED QUANTITY - SEPARATELY

PRICED LINE ITEM

52.219-8

NOV 2016

UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-14

JAN 2017

LIMITATIONS ON SUBCONTRACTING

52.219-28

JUL 2013

POST-AWARD SMALL BUSINESS PROGRAM

REPRESENTATIVE

52.222-3

JUN 2003

CONVICT LABOR

52.222-4

CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT -- OVERTIME COMPENSATION

52.222-6

MAY 2014

DAVIS-BACON ACT

52.222-7

MAY 2014

WITHHOLDING OF FUNDS

52.222-8

MAY 2014

PAYROLLS AND BASIC RECORDS

52.222-9

JUL 2005

APPRENTICES AND TRAINEES

52.222-10

FEB 1988

COMPLIANCE WITH COPELAND ACT

REQUIREMENTS

52.222-11

MAY 2014

SUBCONTRACTS (LABOR STANDARDS)

52.222-12

MAY 2014

CONTRACT TERMINATION - DEBARMENT

52.222-13 MAY 20t 4·

COMPLIANCE WITH DAVIS-BACON"AND RELATED

ACT REGULATIONS

52.222-14

FEB 1988

DISPUTES CONCERNING LABOR STANDARDS

52.222-15

MAY 2014

CERTIFICATION OF ELIGIBILITY

52.222-21

APR 2015

PROHIBITION OF SEGREGATED FACILITIES

52.222-26

SEPT 2016

EQUAL OPPORTUNITY

52.222-27

APR 2015

AFFIRMATIVE ACTION COMPLIANCE

REQUIREMENTS FOR CONSTRUCTION

52.222-35

EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.222-36

JUL 2014

AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-37

FEB 2016

EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS

52.222-50

MAY 2015

COMBATING TRAFFICKING IN PERSONS

52.223-1

MAY 2012

BIO BASED PRODUCTS CERTIFICATION

52.223-2

SEPT 2013

AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS

52.223-5

MAY 2011

POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

52.223-6

MAY 2001

DRUG-FREE WORKPLACE

52.223-15

DEC 2007

ENERGY EFFICIENCY IN ENERGY CONSUMING

PRODUCTS

52.223-17

MAY 2008

AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION

52.223-18

AUG 2011

ENCOURAGING CONTRACTOR POLICIES TO BAN

52.225-13

JUN 2008

TEXT MESSAGING WHILE DRIVING.

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES

ENGAGING IN SANCTIONED ACTIVITIES RELATING

52.227-1

DEC 2007

TO IRAN REPRESENTAION AND CERTIFICATION. AUTHORIZATION AND CONSENT

52.227-2

DEC 2007

NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGMENT.

52.227-4

DEC 2007

PATENT INDEMNITY--CONSTRUCTION CONTRACTS

52.228-2

OCT 1997

ADDITIONAL BOND SECURITY

52.228-5

JAN 1997

INSURANCE - WORK ON A GOVERNMENT

INSTALLATION

52.228-11

JAN 2012

PLEDGE OF ASSETS

52.228-12

PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BONDS

52.228-14

NOV 2014

IRREVOCABLE LETTER OF CREDIT

52.229-3

FEB 2013

FEDERAL, STATE, AND LOCAL TAXES

52.232-5

MAY 201LI-

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

52.232-16

APR 2012

PROGRESS PAYMENTS

52.232-17

MAY 2014

INTEREST

52.232-23

MAY 2014

ASSIGNMENT OF CLAIMS

52.232-27

JAN 2017

PROMPT PAYMENT FOR CONSTRUCTION

52.232-33

JUL 2013

PAYMENT BY ELECTRONIC FUNDS TRANSFER -

SYSTEM FOR AWARD MANAGEMENT

52.232-40

DEC 2013

PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESS SUBCONTRACTORS

52.233-1

MAY 2014

DISPUTES

52.233-3

AUG 1996

PROTEST AFTER AWARD

52.233-4

OCT 2004

APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.236-1

APR 1984

PERFORMANCE OF WORK BY THE CONTRACTOR

52.236-2

APR 1984

DIFFERING SITE CONDITIONS

52.236-3

APR 1984

SITE INVESTIGATIONS AND CONDITIONS

AFFECTING THE WORK

52.236-5

APR 1984

MATERIAL AND WORKMANSHIP

52.236-6

APR 1984

SUPERINTENDENCE BY THE CONTRACTOR

52.236-7

NOV 1991

PERMITS AND RESPONSIBILITIES

52.236-8

APR 1984

OTHER CONTRACTS

52.236-9

APR 1984

PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

52.236-10

APR 1984

OPERATIONS AND STORAGE AREAS

52.236-11

APR 1984

USE AND POSSESSION PRIOR TO COMPLETION

52.236-12

APR 1984

CLEANING UP

52.236-13

NOV 1991

ACCIDENT PREVENTION

52.236-14

APR 1984

AVAILABI LITY AND USE OF UTILITY SERIVCES

52.236-15

APR 1984

SCHEDULES FOR CONSTRUCTION CONTRACTS

52.236-17

APR 1984

LAYOUT OF WORK

52.236-21

FEB 1997

SPECIFICATIONS AND ORAWINGS FOR

CONSTRUCTION

52.236-26

FEB 1995

PRECONSTRUCTION CONFERENCE

52.242-13

JUL 1995

BANKRUPTCY

52.242-14

APR 1984

SUSPENSION OF WORK

52.243-4

JUN 2007

CHANGES

52.244-6

JAN 2017

SUBCONTRACTS FOR COMMERCIAL ITEMS

52.246-12

AUG

INSPECTION OF CONSTRUCTION

52.246-21

MAR

WARRANTY OF CONSTRUCTION

52.248-3

OCT

VALUE ENGINEERING - CONSTRUCTION

52.249-2

APR

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) (ALT. I-SEP 1996)

52.249-10

APR

DEFAULT (FIXED-PRICE CONSTRUCTION)

52.253-1 JAN 1991

COMPUTER GENERATED FORMS

ESTIMATE OF PERCENTATGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (FAR 52.223-9)(MAY 2008)

Definitions. As used in this clause- "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of "recovered material."

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

Certification: I, (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

file_2.wmf

[Signature of the Officer or Employee ] file_3.wmf

[Typed Name of the Officer or Employee ] file_4.wmf

[Title] file_5.wmf

[Name of Company, Firm, or Organization] file_6.wmf

[Date]

BU Y AMERICAN ACT - CONST RUCTION MATER I ALS (FAR 52.225-9) (MAY 2014)

Defin itions. As used i n this clause "Com mercially avai lable off-the-shel f (COTS) i tem"- ( I ) Means any i tem of su pply (includ i ng construction material) that is- A com mercial item (as defined i n paragraph ( 1 ) of the defini tion at FAR 2.101);

(i i) Sold i n su bstantial quant i ties i n the com mercial marketplace; and

(ii i) Offered to the Government, under a contract or subcontract at any t ier, without modification, i n the same form in which i t is sold i n the com mercial marketplace; and Does not include bul k cargo, as defined in section 3 of the Shippin g Act of 1 984 ( 46 U .S.C. App . 1702), such as agricul tural prod ucts and petroleum prod ucts.

"Com ponent" means an art icl e, material , or supply incorporated d i rectly into a construction material.

"Constructi on material" means an a rticle, material, or supply brought to the construction si te by the Contractor or a subcontractor for incorporation into the build ing or work . The term also includes an item brought to the site preassembled from articles, materials, or suppl ies. However, emergency life safety systems, such as emergency l ighti ng, fire a l arm, and aud io evacuation systems, that are d iscrete systems i ncorporated into a public bu il d ing or work and that are produced as complete systems, are evaluated as a single and distinct construction material regard less of when or how the ind ividual parts or componen ts of those systems are delivered to the construction site. Materials purchased directly by the Government are suppl ies, not construction material.

"Cost of components" mean s- For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of i ncorporation into the construction material (whether or not such costs are paid to a domestic firm), and an y applicable duty (whether or not a duty-free entry certificate is issued); or

For components manu factured by the Contractor, a ll costs associated with the manufactu re of the com ponent, includ ing transportation costs as described in paragraph (I) of thi s defini tion, plus allocable overhead costs, but excludi ng profi t. Cost of components does not i nclude an y costs associated with the manufacture of the con struction material.

"Domestic construction material" means- An unmanu factured construction material mi ned or prod uced in the U ni ted States;

(i i) The construct ion material is a COTS i tem.

"Foreign construction material" means a construction material other than a domestic construction material.

"U nited States" means the 50 States, the District of Columbia, and outlying areas.

Domestic preference.

( 1) This clause im plements the Buy American Act (4 1 U.S . C. I Oa - l Od) by prov i d ing a preference for domestic construction material. ln accordance with 41 U.S.C. 43 1, the component test of th Buy American Act is.waived for constructi n material that is a COTS i tem (See rA R 12.505(a)(2)). The Contractor shal l use only domestic construction materia l in perform ing th is contract, except as provided i n paragraphs (b)(2) and (b)(3) of th i s clause.

This requirement does not apply to information technology that i s a commercial item or to the construction materials or components l isted by the Government as follows:

NONE

[ Contracting Officer to list applicable excepted materials or indicate '·none"]

particu lar domestic construction material subject to the requirements of the Buy American Act is unreaso nable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

Request for determ ination of inappl icabil i ty of the Buy American Act.

( I )(i) Any Contractor request to use foreign construction material i n accordance with paragraph (b)(3) of this clause shall inc l ude adequate i nformation for Governm ent evaluation of the request, i nclud ing-

(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. Ifthe Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(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 MATER IALS PRICE COMPARISON

Construction Material Description Unit of Measure Item 1:

Item 2:

Foreign construction material Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, altach 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).]

NOTICE OF BUY AM ER ICAN ACT REQU IREMENT - CONSTRCTION MATERIALS (FAR 52.225-10) (MAY 2014) Definitions. "Com mercially available off-the-shel f (COTS) item," "construction material," "dom estic const ruction material," and "foreign construction material ," as used in th i s provision, are defined in the clause of t his sol i citation ent i t led "Buy American Act Construction Materials" (Federa l Acquisition Regulation (FA R) clause 52.225-9).

Requestsf or determinations of inapp/icabilit);. An offeror requesting a determi nation regarding the inapplicabi l i ty of the Buy American Act should submit the request to the Contracting Officer in time to allow a determinat i on before submiss ion of offers. The offeror shall include the i nformation and appl icable supporting data requ ired by paragraphs (c) and (d) of the clause at FA R 52.225-9 in the request. Ifan offeror has not requested a determi nation regarding the i napplicabili ty of the Buy American Act before submitting i ts offer, or has not received a response to a previous request, the offeror shall incl ude the i nformation and supporting data in the offer.

material, as specified i n paragraph (b)(3)( i) of the clause at FA R 52.225-9.

I f evaluation resu lts in a t ie between an offeror that requested the substitut i on of foreign construct i on material based on un reasonable cost and an offeror that did not request an exception, the Contracting Officer wi ll award to the offcror that did not request an exception based on unreasonable cost.

Form 1442 for t he al ternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign…