AG-6392-S-17-0013.pdf
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- Chippewa SO Reroof Federal contract opportunity
- Solicitation number
- AG-6392-S-17-0013
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1 SOLICITATION NUMBER 2 TYPE OF SOLICITATION 3 DATE ISSUED
SOLICITATION, OFFER,
D SEALED BID (IFB)
AND AWARD
(Construction, Alteration, or Repair) AG-6392-S-17-0013 � NEGOTIATED (RFP) 04/13/2017 IMPORTANT - The "offer'' section on the reverse must be fully completed by offerer.
4. CONTRACT NUMBER 5 REQUISITION/PURCHASE REQUEST NUMBER
6 PROJECT NUMBER
7. ISSUED BY CODE 63A9
USDA FOREST SERVICE
ATTN: CONTRACTING OFFICER
MINNESOTA SHARED SERVICES CONTRACTING UNIT
8901 GRAND AVENUE PLACE
DULUTH, MN 88061
8 ADDRESS OFFER TO
Same as block 7
PAGE OF
9. FOR INFORMATION la. NAME CALL: � PAUL NEPHEW l b TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
218-626-4360
SOLICITATION
NOTE: In sealed bid solicitations "offer'' and "offerer" mean "bid and "bidder''.
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title. identifying number, date)
Provide reroofing on a 3 - Story Historic Log building. The project will involve the tear-off and replacement of the existing asphalt shingles.
Project Magnitude: Between $35,000 and $60,000
NAICS: 238160 Size standard $15 Million -100 percent Small Business Set-Aside
Davis Bacon Wage Rates Apply
Basis of Award: Best Value
11. The contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving
D award, � notice to proceed. This performance period is � mandatory D negotiable. (See ).
12a THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award m Item 12b.)
�YES ONO
13. ADDITIONAL SOLICITATION REQUIREMENTS
12b CALENDAR DAYS
a. Sealed offers in original and --'O'---_ copies to perform the work required are due at the place specified in Item 8 by 2 pm CST (hour) local time __ 0_5_/ _1�6 _/2_0 _1 _ 7 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offerer's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee � is, D is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
PAGES
d. Offers providing less than __ 6_0 __ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV 8/2014)
Prescribed by GSA - FAR (48 CFR) 53 236-1(d)
PART I - SCHEDULE OF ITEMS
SECTION B – SERVICES AND PRICES
Chippewa National Forest Supervisor’s Office Roof Replacement
Item Description Est.
Quantity Unit Unit Cost Item Cost
1 Mobilization 1 LS
2 Roofing replacement 1 LS
New Vertical Wall Flashing (4 locations at ell walls)
1 LS
4 Replace gutters and downspouts 1 LS
Total Price
B - 1 - ITEM NOTES:
1. Mobilization includes mobilization, demobilization, bonding, administration, and any miscellaneous costs not paid directly under other items.
2. Demo of existing roofing and replacement with complete new roofing system per specifications. Item includes all work to provide a complete roof system:
recycling of old roofing, furring, insulating, decking, waterproofing, flashing/edging, prepping, etc.
3. Installation of special wall flashing under upper roof eaves per specification
4. Replace gutters front and back of building, replace downspouts at back of building, extend downspouts at back of building, add gutters to entry canopies.
Submitted By:
Name: _____________________________ Date _________
Title: _____________________________
Company: _____________________________
B - 2 - NOTE:
*The intent of this contract is for the roofing replacement of the supervisory office in Cass Lake MN. Unless otherwise specified, the Contractor shall furnish all labor, materials, equipment, tools, transportation; and will perform all work required to complete this project in accordance with the drawings, specifications, and provisions of the contract. Payment for the contract work will be made only for and under those items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown.
To be considered responsive, bidders must submit a completed SF1442, Section B, Section K, and response to the evaluation criteria in Section M.
• This Solicitation will result in a fixed-priced Construction contract. The
Government will offer a contract to the quoter whose quotation results in the best value as determined by the USDA Forest Service (FS).
• Please include the Solicitation number on proposals. (AG-6392-S-17-
0013)
• Proposals are to be submitted to the following address: Facsimile offers are
NOT authorized. When submitting your Offeror Submission Package via regular mail, address is below. In addition, completed email proposals will be accepted at: pnephew@fs.fed.us
USDA FOREST SERVICE
ATTN PAUL NEPHEW
8901 GRAND AVENUE PLACE
DULUTH MN 55808-1122
CONTRACT TIME: See Section F.
REPRESENTATIONS AND CERTIFICATIONS: All offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. See provision 52.204- 8 in Section K.
SUCCESSFUL AWARDEE: To be awarded a contract with the Federal Government, the successful firm must be actively registered in the System for Award Management database website at http//www.sam.gov. See FAR Clause 52.204-7 listed in Section I.
mailto:pnephew@fs.fed.us
Description/Specifications/Statement of Work
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/ (End of clause)
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.
(End of Clause)
452.211-73 Attachments to Statements 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.
(End of Clause)
Contract Specifications
Chippewa National Forest
Forest Supervisor’s Office Re-Roofing Project
Cass Lake, Minnesota
CH10568
SECTION 00010
TABLE OF CONTENTS
DIVISION 1 – GENERAL REQUIREMENTS
01 10 00 – PROJECT SUMMARY
01 20 00 – PRICE AND PAYMENT PROCEDURES
01 30 00 – REGULATORY REQUIRMENTS
01 33 00 – SUBMITTALS
DIVISION 7 – THERMAL AND MOSTURE PROTECTION
07 31 13 – ASPHALT/FIBERGLASS SHINGLES
07 71 00 – ROOF SPECIALTIES
END OF TABLE OF CONTENTS
SECTION 01 10 00
SUMMARY
PART 1 GENERAL
1.01 PROJECT
A. Project Name: Re-roofing of Forest Supervisor’s Office
B. Owner’s Name: US Forest Service
C. Project Location: Cass Lake, Minnesota 56633
D. The Project consists of re-roofing, improvement of roof flashing, and replacement of gutters.
E. The Supervisor’s Office is a historic 3-story log building. All plans and installations are subject to review by the Minnesota Historic Preservation Office (MN-HPO).
F. A roof plan of the Supervisor’s office is attached for reference. The Bidder shall verify all dimensions and quantities shown. On-site inspection is recommended prior to bidding to ensure quantity accuracy.
Note that bid items will be paid as Lump Sum quantities.
1.02 OWNER OCCUPANCY
A. Owner will continue to occupy the building and maintain regular business operations during the entire construction period.
B. Cooperate with Owner to minimize conflict and to facilitate Owner’s operations.
C. Schedule the Work to accommodate Owner occupancy.
1.03 CONTRACTOR USE OF SITE AND PREMISES
A. Construction Operations: Limited to areas immediately adjacent to the building, with outdoor storage of equipment and materials allowed in the nearby gated compound area.
1. Contractor shall coordinate the timing of all operations with the COR such that provisions can be made to minimize impacts to employees and the public. This includes providing a minimum of 24-hr of notice in advance of a beginning work or changing the affected work area, to allow the COR time to coordinate with the Government staff and/or other affected parties.
B. Arrange use of site and premises to allow:
1. Owner occupancy and use.
2. Use of site and premises by public.
C. Contractor shall provide and use a mechanical lift (not ladders only) to access the roof.
1. Locations of the lift shall be coordinated with the COR.
2. Lift may be placed on the back porch slab provided egress from the building is not affected.
D. Emergency Building Exits During Construction: Keep all exits required by code open during construction period.
E. Existing building spaces may not be used for storage.
F. The Contractor will have use of any power, water, and toilet facilities that are on the site. Use shall be coordinated with the COR. age
1.04 OTHER REQUIREMENTS
A. Contractor is responsible for any damage to facilities and/or site improvements.
B. All construction debris shall become the property of the Contractor and shall be removed from the site and disposed of properly.
C. All removed materials shall be recycled to the full extent possible.
Asphalt shingles, and aluminum/steel flashing must be recycled. Any other materials shall be recycled if possible.
a. Documentation of recycler used and quantity of material recycled shall be submitted before final payment will be made.
i. Note that recyclers require that the loads of material be clean, with no other refuse or mixed materials included. Contractor shall use methods which keep materials with different handling requirements separate.
ii. Any established recycler may be used.
1. One possible option for asphalt shingle recycling is through Hubbard County Solid Waste South Transfer Station in Park Rapids, MN 218-732-9181.
D. All existing utilities and mechanisms that are removed during the re-roofing need to be replaced in functioning manner after the work is completed. This would include the gutter heat tapes that are currently in place.
E. The contractor shall verify all quantities, measurements, and existing conditions prior to bidding.
F. This is a high-visibility project site. The Contractor is expected to know the applicable OSHA requirements and remain compliant with these at all times. Tools, equipment and safety gear shall be fully-functional and in good condition.
i. Required personal protective equipment shall be worn at all times
ii. Required fall protection procedures such as tie-offs, barriers, and lookouts shall be used
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTIONS – NOT USED
END OF SECTION
SECTION 01 20 00
PRICE AND PAYMENT PROCEDURES
1.01 MEASUREMENT AND PAYMENT
A. Measurement: The quantities will not be measured.
B. Payment: The quantity, as mentioned above, shall be paid for as a lump sum quantity. Such payment shall be considered full compensation for constructing complete projects in accordance with the Drawings and these Specifications.
PART 3 EXECUTION – NOT USED
SECTION 01 30 00
REGULATORY REQUIREMENTS
1.01 CODES AND STANDARDS
A. Codes and Standards. The Contractor shall comply with all Contract Specifications and any referenced codes and standards, federal, state or local, in effect on the date bids are received. The most stringent specification shall govern when a conflict occurs
B. Obtaining Specifications. Standards and/or codes published by associations or other standardizing agencies shall be obtained directly from those agencies.
C. Referenced codes:
a. International Building Code (IBC), International Code Council (ICC);
http://www.iccsafe.org/
b. Minnesota State Building Codes;
http://www.dli.mn.gov/CCLD/Codes.asp
SECTION 01 33 00
SUBMITTALS
1.01 SUBMITTAL PROCEDURES
A. Submit documents in hardcopy, by fax, or electronically to the COR as shown below.
a. Planned COR is Jay Smrekar – Mailing Address: 200 Ash Ave NW, Cass Lake, MN 56633; Fax: 218-335-8699; Email:
jjsmrekar@fs.fed.us
b. Regardless of submittal method used, Email the COR to inform when submittals are sent and verify receipt.
c. Allow at least 1 week for Government review/approval/rejection of submitted documents.
SUBMITTALS REQUIRED
A. Before Award - For Government Use/Consideration:
a. Information and samples for any proposed “equal” products
b. Note: Government will consider the proposed products and may ask for additional information if warranted. “Equal” products will not be pre-approved before the end of the solicitation period.
B. After Award - For Approval before use in the work:
a. Additional information and samples for any “equal” products
b. Color samples of actual items (not photos)
c. Product installation instructions from Manufacturers
d. Project schedule/timeline
C. After Award – For Record before final payment
a. Final product info sheets
b. Product mfr warranty info/certificates
c. As-Built annotated drawings/sketches showing any variations or additions from the original bid documents.
d. Documentation of recycled material
e. Documentation of proper waste material disposal
f. Required Hour/Wage reporting
SECTION 07 31 13
ASPHALT/FIBERGLASS SHINGLES
1.01 SECTION INCLUDES
A. Asphalt shingle roofing.
B. Flexible sheet membranes used for eave protection, underlayment, and valley protection.
C. Associated metal flashings and accessories.
1.02 RELATED SECTIONS
A. Section 07 71 00 – ROOFING SPECIALTIES
1.03 REFERENCES
B. ASTM D 3161 – Standard Test Method for Wind-Resistance of Asphalt Shingles (Fan-Induced Method); 1997
C. ASTM D 3462 – Standard Specification for Asphalt Shingles Made From Glass Felt and Surface
With Mineral Granules; 1997a.
D. ASTM D 4586 – Standard Specification for Asphalt Roof Cement, Asbestos-Free; 1993
E. ASTM D 4869 – Standard Specification for Asphalt-Saturated Organic Felt Shingle Underlayment Used in Roofing; 1998 (Re-approved 1993).
F. UL (RMSD) – Roofing Materials and Systems Directory; Underwriters Laboratories Inc.; current edition.
1.04 QUALITY ASSURANCE
A. Products required to comply with fire resistance criteria: UL listed and labeled.
PART 2 PRODUCTS
2.01 SHINGLES
A. Manufacturer: GAF Materials Corp.
B. Product: Timberline Lifetime Architectural Roofing Shingles
C. Color: Natural Shadow, Weathered Wood Blend
D. Provide matching starter strip and ridge cap shingles from same Mfr.
2.02 UNDERLAYMENT (EAVE PROTECTION)
A. NOTE: will use Self-Adhering Sheet Underlayment over all roof surfaces
B. Self-Adhering Sheet Underlayment: Butyl or SBS-modified asphalt; slip-resisting-polyethylene surfaced; with release paper backing; cold applied. Stable after testing at 240 deg F (116 deg C) and passes after testing at minus 20 deg F (29 deg C); ASTM D 1970.
a. Grace Ice and Water Shield by GCP Applied Technologies, Inc
2.03 DECKING
A. APA rated plywood or OSB decking rated for the spans and application.
a. ½” thickness
2.04 INSULATION BOARD
A. Polyisocyanurate (polyiso) foam core thermal board
a. ½ inch thickness
b. Reinforced aluminum foil facer each side
c. R-Matte Plus 3 by R-Max
2.05 FASTENERS AND ACCESSORIES
A. Nails: Standard round wire roofing shingle type, of hot dipped zinc coated steel (NOT ELECTRO GALVANIZED) minimum 3/8-inch (9.5 mm) head diameter and 0.105-inch (2.67mm) shank diameter, 1-1/4 inch (31mm) long.
B. Plastic Cement: ASTM D 4586, asphalt roof cement. No asbestos content.
C. See Section 07 71 00 ROOFING SPECIALTIES for other materials
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify existing conditions prior to beginning work.
3.02 PREPARATION
A. Remove all existing shingles, asphalt felt, and flashing materials. Recycle all removed materials to the full extent possible. See Division 01
B. Broom clean deck surfaces before installing underlayment
3.03 INSTALLATION – SHEET UNDERLAYMENT
A. Install Self-Adhering Sheet Underlayment over ENTIRE ROOF SURFACE and extended wall flashing areas (dormers and ell walls)
B. Install Self-Adhering Sheet Underlayment in accordance with manufacturer’s instructions. (i.e.
laps, application temps, traffic, etc.)
3.04 INSTALLATION – VALLEY PROTECTION
A. Install continuous strips of Self-Adhering Sheet Underlayment over the base layer of underlayment along valleys. Strip shall be 36” wide minimum.
3.05 INSTALLATION – METAL FLASHING AND ACCESSORIES
A. At edges: Install drip edge flashings tight with fascia boards on eave and rake.
1. Install drip edge on eaves under the underlayment
2. Install drip edge on rakes over the underlayment
3. Weather lap joints minimum 2 inches (50mm) and seal weather tight with plastic cement.
B. At wall-roof intersections: Install metal step flashing or flash as detailed. See drawings for additional information.
C. At items projecting through or mounted on roofing: provide pre-formed plumbing boots and flashings as appropriate. “Black jacking” with asphalt cement is not acceptable.
3.06 INSTALLATION – SHINGLES
A. Install shingles in accordance with manufacturer’s instructions.
a. Fasten shingles using 4 nails per strip, as recommended by the Manufacturer, or as required by code, whichever is greater.
B. Place shingles in straight coursing pattern with weather exposure recommended by Manufacturer to produce double thickness over full roof area. Provide a double course of shingles at eaves (starter strip).
C. Project first course of shingles ¾ inch (19mm) beyond fascia boards.
D. Install shingles to form a cut-shingle closed-valley joint.
a. Extend shingles on one slope across valley and fasten. Trim shingles from other slope 2 inches (50mm) from valley centerline to achieve closed cut valley, concealing the valley protection.
b. Clip 1” of the the top inside corner of the cut shingles at 45 degrees to channel water towards center of valley.
c. Adhere edges of cut shingles with roofing cement.
E. Complete installation as required to provide weather-tight service.
3.07 CLEANUP
A. Remove all removed roof materials from the site, along with any construction scrap produced under this contract. Use roller magnet to clean lawn areas adjacent to the building of any nails
SECTION 07 71 00
ROOFING SPECIALTIES
1. SECTION REQUIREMENTS
a. Submittals: Product Data, color samples
b. Warranties: Provide manufacturer's standard written warranty, without monetary limitation, signed by manufacturer agreeing to promptly repair or replace roof specialties that show evidence of deterioration of factory-applied finishes for the period of 20 years.
PART 2 PRODUCTS
1. ROOF SPECIALTIES
a. Gutters and Downspouts:
1) Gutters: Manufactured in uniform section lengths, with matching corner units, ends, outlet tubes, and other accessories.
a) Gutter Style: K-style, 5” nominal size minimum
b) Aluminum: 0.032 inch (0.81 mm) thick minimum.
c) Prefinished in dark brown
d) Seamless runs
e) Gutter Supports: screwed straps or brackets as required for support, and with 18” o.c. maximum spacing. No spikes and ferrules.
2) Downspouts: Minimum of (2) wall brackets or hangers per segment of downspout.
a) Downspout Style: Corrugated rectangular with manufactured elbows, 3”x4” nominal size.
b) Aluminum: 0.032 inch (0.81 mm) thick minimum.
c) Prefinished in dark brown, matching gutters and existing building.
d) Gutter Supports: Furnish wall brackets of same material and finish as downspouts, with anchors.
screwed straps or brackets
2. MATERIALS
a. Aluminum Sheet: ASTM B 209 (ASTM B 209M), alloy as standard with manufacturer for finish required.
b. Aluminum Finish: Two-coat fluoropolymer system with color coat containing not less than 70 percent polyvinylidene fluoride (PVDF) resin by weight. (Kynar)
c. Fasteners: Manufacturer's recommended fasteners, suitable for application and designed to meet performance requirements.
1) Exposed Penetrating Fasteners: Gasketed screws with heads matching color of item.
2) Fasteners for Aluminum: Aluminum or Series 300 stainless steel.
3) Fasteners for Stainless-Steel Sheet: Series 300 stainless steel.
4) Fasteners for Zinc-Coated (Galvanized) Steel Sheet: Series 300 stainless steel or hot-dip zinc-coated steel.
d. Elastomeric Sealant: ASTM C 920, elastomeric polymer sealant.
PART 3 EXECUTION
1. INSTALLATION
a. General: Install roof specialties according to manufacturer's written instructions. Anchor roof specialties securely in place, with provisions for thermal and structural movement.
b. Separate dissimilar metals with a bituminous coating or polymer-modified, bituminous sheet underlayment.
c. Bed flanges in thick coat of asphalt roofing cement where required by manufacturers of roof specialties for waterproof performance.
d. Fastener Sizes: Use fasteners of sizes that will penetrate wood blocking, framing, or sheathing not less than 1-1/4 inches (32 mm) for nails and not less than 3/4 inch (19 mm) for wood screws. DO NOT ALLOW FASTENERS
TO BECOME EXPOSED ON THE INTERIOR OF THE BUILDING.
e. Gutters: Join and seal gutter lengths and fittings with rivets. Allow for thermal expansion. Attach gutters to firmly anchored gutter supports spaced not more than 18 inches apart. Attach ends with rivets seal with sealant to make watertight. Slope to downspouts.
f. Downspouts: Join sections with manufacturer's standard telescoping joints and provide rivets to secure joints.
Provide hangers with fasteners designed to hold downspouts securely to walls and 1 inch (25 mm) away from walls; locate fasteners at each end and at approximately 60 inches o.c. maximum.
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.acquisition.gov/far/ and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar/html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)
SITE VISIT
Potential contractors for specific projects are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the costs of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
Upon completion of the work, the Contractor shall notify the COR that work on the area is completed. If the completed work is accepted, the Contractor shall proceed with work on the next area. If the work is not accepted, the Contractor shall complete any remedial work required for acceptance prior to commencing work on the next area. Multiple areas may be worked only under agreement with the COR.
The COR or inspector will make visual inspections to check for compliance with contract specifications.
Inspection plots may be taken if the visual inspections indicate that the work quality may not be acceptable.
Note: Work will be inspected at regular intervals during the progress of the contract. The COR, or his/her designated inspector will inform the Contractor of non-compliance with contract specifications. All deficiencies shall be corrected by the Contractor as directed by the COR. Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.
http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar/html
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.acquisition.gov/far/ and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar/html.
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-15 Stop Work Order (AUG 1989)
52.242-16 Government Delay of Work (APR 1984)
AGAR 452.211-74 Period of Performance (FEB 1988)
The period of performance will begin on August 1, 2017 and is expected to be complete by October 20, 2017.
Work hours will be during daylight hours, Monday thru Friday. No evening work or Federal holidays or work on weekends will be allowed without written approval of the COR.
FAR 52.212-3 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 project not later than May 19, 2017. The time stated for completion shall include final cleanup of the premises.
FAR 52.242-14 Suspension of Work (APR 1984) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar/html
SECTION G--CONTRACT ADMINISTRATION DATA
AGAR 452.215-73 Post Award Conference (NOV 1996)
PAYMENT: All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.
A post award conference with the successful offeror is not anticipated.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
AGAR 452.204-70 INQUIRIES (FEB 1988)
Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.
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
52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (May 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.211-18 Variation in Estimated Quantity (APR 1984)
Alternate I(APR 2011; Alternate II (JAN 2012) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007)
52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html
52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)
52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (SEP 2006) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP
2013) 52.223-3 Hazardous Material and Material Safety Data (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
(MAY 2008)
52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 84) 52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for the Next Fiscal Year 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 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) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997)
52.248-1 Value Engineering (FEB 2000) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75.1.1 Restrictions Against Disclosure (FEB 1988)
52.204-99 -- System for Award Management Registration (DEVIATION)
Except for awards where the Govemmentwide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-99, System for Award Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS 252.204-7004, Alternate A, Central Contractor Registration.
System for Award Management Registration (August 2012) (DEVIATION)
(a) Definitions. As used in this clause-
"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.
"Commercial and Government Entity (CAGE) code" means-
(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."
"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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
"Registered in the SAM database" means that-
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;
(2) The Contractor's CAGE code is in the SAM database; and
(3) 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 Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.
"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-
(1) Data collected from prospective federal awardees required for the conduct of business with the Government;
(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.
(b)
(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM .
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) A contractor may obtain a DUNS number-
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor 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 contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The Contractor 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.
http://fedgov.dnb.com/webform
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) Reserved.
(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(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 SAM 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 SAM 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 SAM database.
Information provided to the Contractor's SAM 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) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
(End of Clause)
52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)
(a) Definition. As used in this clause-
"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).
Notice to Employees
Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.
If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:
National Labor Relations Board Division of Information 1099 14th Street, N.W.
Washington, DC 20570 1-866-667-6572
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 https://www.acquisition.gov/
CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to-
(1) Contractors and subcontractors that employ fewer than 15 persons;
(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-
(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and
(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or
(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.
(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-
(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;
(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.
(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B- Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(Sep 2013).
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
FAR 52.246-20 Warranty of Services (MAY 2001)
(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either--
(1) That the Contractor shall correct or reperform any defective or nonconforming services; or http://www.biopreferred.gov/ http://www.sam.gov/
(2) That the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.
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 Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants…
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