ASG-6395-S-09-0067.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA APHIS MRPBS

ASD Procurement Branch

Butler Square, 5th Floor

100 N 6TH STREET

APHIS-MRPBS-ASD-6395

MINNEAPOLIS MN 55403

Nathan Johnson

100 North 6th Street Suite 510-C Butler Square Minneapolis, MN 55403

NATHAN JOHNSON 612-336-3404

1x 03/20/2009

AG-6395-S-09-0067

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Tax ID Number: Not Available

DUNS Number: Not Available

Purchase and installation of coolers and freezers for Light Brown Apple Moth program at Moss Landing CA in accordance with below statement of work.

The project magnitude is between 25 and 100 thousand.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(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 offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 90 calendar days and complete it within ________________ ________________ calendar days after receiving

52.211-10

04/14/2009

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA, APHIS, ESB

100 N. 6th Street, Suite 510C

Minneapolis MN 55403

APHIS-ASD-ESB-6395

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 18

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-6395-S-09-0067

LBAM Emergency Program. 8'x8'x8' cold box for the

SIT program. All prices are approximate since the total will exceed $25,000.

Delivery: 03/10/2009

Delivery Location Code: APHIS-PPQ-91ST

USDA APHIS PPQ - 91ST

650 CAPITOL MALL, SUITE 6-400

SACRAMENTO CA 95814- US

FOB: Destination

001 Delivery and installation of all units 1 LS

Product/Service Code: 4110

Product/Service Description: REFRIGERATION

EQUIPMENT

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Cooler #1 1 Each

0002 Cooler #1 Installation 1 Lump Sum

0003 Cooler #2 1 Each

0004 Cooler #2 Installation 1 Lump

0005 Cooler #3 1 Each

0006 Cooler #3 Installation 1 Lump

0007 Cooler #4 1 Each

0008 Cooler #4 Installation 1 Lump

0009 Bonding 1 Lump

Total

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS

0001-

90 days after date of award.

1 LBAM Emergency Program.

7697 Hwy 1 Bldg 20 Moss Landing, CA 95039

If a contractor is unable to have the units installed within 90 days of award an alternate delivery date must accompany the quote.

NOTES TO OFFERORS

Please email (nathan.d.johnson@aphis.usda.gov), mail (address below) or fax your quote to ATTN: Nate Johnson, Contracting FAX NUMBER (612) 336-3550. If you have any questions please contact Nate Johnson at (612) 336-3404.

US Department of Agriculture Animal and Plant Health Inspection Service ATTN: Nate Johnson - CT 100 North 6th Street Suite 510 C – Butler Square Minneapolis, MN 55403

THE REQUEST FOR PRPOSAL (RFP) IS DUE BY Tuesday April 14th, 2009.

Please note Davis Bacon Wage Rates apply to this solicitation and are attached. General Decision Number: CA080029 02/27/2009 CA29. Clause 52.222-8 requires the contractor to submit payroll records with the invoice.

52.236-27 Site Visit (Construction) (Feb 1995)

Name: Greg Simmons Telephone (cell) 602-708-7286

Information required with submittal:

Timeline of performance. Please see 52.211-10 Commencement, Prosecution, and Completion of Work(Apr 1984) which states a start date 10 days with a completion date 90 days after date of award. Contractors should present their timeline and this clause may be changed prior to contract award. This timeline should included dates of delivery and installation for the coolers.

Past performance references:

Provide 3-5 past performance references including contact information (email address and phone number), dates of performance, and contract value.

Please complete clause 52.204-8 and 52.219-1 and return it with your quote.

Representations and certifications are required.

Companies may submit additional pricing information providing breakdowns of freight and installation prices (e.g., estimated number of hours for an electrician and the fully burdened hourly rate).

STATEMENT OF WORK

Moss Landing Project

Moss Landing Business Park Purchase & Installation of Walk-in Coolers

Cooler #1:

DESCRIPTION OF COLD BOX

Dimensions:

External (O.D.): 8’0” x 8’0” x 8’0” = w x d x h

Finishes:

Walls: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Ceilings: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior

Panel Thickness:

Walls: 4” Class 1 U.L. Foam Ceilings: 4” Class 1 U.L. Foam

DOORS:

Qty Description 1 Finished opening 42” x 78” hinged flush cooler door 1 Pilot Light Switch 120v w/cover (loose) 1 Thermometer – 2 ½” Dial with Standard Lead 1 Kick Plate: 36” Tread Brite (std) – interior and exterior 1 Door – Flush Mount and positioned as in floor plan 1 Door Closer 1 Gasket – Magnetic

ACCESSORIES:

1 Temperature control, thermal bulb.

1 Vapor-proof 4’ Fluorescent Light Fixture (shipped loose)

TBD Cove Base – Aluminum/Embossed - .032 (4” high) TBD Lock Wall Panels to Ceiling Panels (Factory Ceiling Caps – Standard)

REFRIGERATION:

Condensing Unit for Holding Cooler:

Description: Med Temp Air Cooled Hermetic Remote Outdoor Condensing Unit. Unit will be roof mounted.

Horsepower: 1 hp Extras: Defrost Timer, Drier, Sight Glass, Shutoff Valve & Suction

Filter installed Electrical: 208-230/3/60 Conditions: Room Temp: 35°F Ambient: 95°F Warranty: Compressor-motor warranty extended to 5 years, parts only, no labor.

Other Parts – one year warranty.

1x Evaporator (Unit Cooler):

Description: Air defrost low profile coil Extras: Expansion Valve Solenoid and Thermostat shipped loose Electrical: 208/230/1/60

STATEMENT OF WORK FOR SET-UP AND INSTALLATION

• Installation of Cold Box #1 – see floor plan for location – shall include:

o Complete set-up of cold box o Complete installation of refrigeration equipment – fan coil, condenser, sight glass, timer, defrost heating. Installation of refrigeration will be done by licensed refrigeration contractor.

o Lighting o Positioning of floor-mounted condensing unit – see floor plan for location.

o Installation of electrical from breaker panel to cold box. Work to be done by licensed electrical contractor.

Cooler #2:

Dimensions:

External (O.D.): 18’0” x 9’0” x 9’0” = w x d x h

Finishes:

Walls: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Ceilings: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior

Panel Thickness:

Walls: 4” Class 1 U.L. Foam Ceilings: 4” Class 1 U.L. Foam

DOORS:

Qty Description 2 Finished opening 42” x 78” hinged flush cooler door 2 Pilot Light Switch 120v w/cover (loose) – 3-way switch 2 Thermometer – 2 ½” Dial with Standard Lead 2 Kick Plate: 36” Tread Brite (std) – interior and exterior 2 Door – Flush Mount and positioned as in floor plan 2 Door Closer 2 Gasket – Magnetic

1 Temperature control, digital.

2 Vapor-proof 4’ Fluorescent Light Fixture (shipped loose)

Description: Med Temp Air Cooled Hermetic Remote Outdoor Condensing Unit. Unit will be roof mounted.

Horsepower: 2.0 hp Extras: Defrost Timer, Drier, Sight Glass, Shutoff Valve & Suction

Filter installed Electrical: 208-230/3/60 Conditions: Room Temp: 35°F Ambient: 95°F Warranty: Compressor-motor warranty extended to 5 years, parts only,

• Installation of Cold Box #2 – see floor plan for location – shall include:

o Complete installation of refrigeration equipment – fan coil, condenser, sight glass, timer, defrost heating. Installation of refrigeration will be done by licensed refrigeration contractor.

o Lighting o Positioning of roof-mounted condensing unit

Cooler #3:

DESCRIPTION OF COLD BOX/FREEZER

Dimensions:

External (O.D.): 9’4” x 8’0” x 8’2” = w x d x h

Finishes:

Walls: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Floor: Standard Finish Ceilings: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Panel Thickness:

Walls: 5” Class 1 U.L. Foam Floor: 4” Class 1 U.L. Foam Ceilings: 5” Class 1 U.L. Foam

DOORS:

Qty Description 2 Finished opening 42” x 78” hinged flush cooler door 2 Pilot Light Switch 120v w/cover (loose) – 3-way switch 2 Thermometer – 2 ½” Dial with Standard Lead 2 Kick Plate: 36” Tread Brite (std) – interior and exterior 2 Door – Mounted 12” high and positioned as in floor plan 2 Door Closer 2 Gasket – Magnetic

1 Light Fixture (shipped loose)

Description: Low Temp Air Cooled Hermetic Remote Outdoor Condensing Unit. Unit will be roof mounted.

Horsepower: 2 hp Extras: Defrost Timer, Drier, Sight Glass, Shutoff Valve & Suction

Filter installed Electrical: 208-230/3/60 Conditions: Room Temp: -10°F Ambient: 95°F Warranty: Compressor-motor warranty extended to 5 years, parts only, no labor.

Other Parts – one year warranty.

1x Evaporator (Unit Cooler):

Description: Electric defrost low profile coil

• Installation of Cold Box #3 – see floor plan for location – shall include:

o Complete installation of refrigeration equipment – fan coil, condenser, sight glass, timer, defrost heating. Installation of refrigeration will be done by licensed refrigeration contractor.

o Lighting o Positioning of floor-mounted condensing unit – see floor plan for location.

o Installation of electrical from breaker panel to cold box. Work to be done o Floor height inside of box will be 12” to match door height

SHIPPING: From Factory to Moss Landing, CA.

INSTALLATION & ELECTRICAL: To be done in Moss Landing, CA.

Cooler #4:

Dimensions:

External (O.D.): 6’0” x 10’0” x 8’0” = w x d x h

Finishes:

Walls: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Ceilings: Galvanized/Embossed (painted white)

26 Ga. – interior & exterior Panel Thickness:

Walls: 4” Class 1 U.L. Foam Ceilings: 4” Class 1 U.L. Foam

DOORS:

Qty Description 1 Finished opening 42” x 78” hinged flush cooler door 1 Pilot Light Switch 120v w/cover (loose) 1 Thermometer – 2 ½” Dial with Standard Lead 1 Kick Plate: 36” Tread Brite (std) – interior and exterior 1 Door – Flush Mount and positioned as in floor plan (Cooler box #1) 1 Door Closer 1 Gasket – Magnetic

1 Vapor-proof 4’ Fluorescent Light Fixture (shipped loose)

Description: Med Temp Air Cooled Hermetic Remote Outdoor Condensing Unit. Unit will be floor mounted.

Horsepower: 1 hp Extras: Defrost Timer, Drier, Sight Glass, Shutoff Valve & Suction

Filter installed Electrical: 208-230/3/60 Conditions: Room Temp: 35°F Ambient: 95°F Warranty: Compressor-motor warranty extended to 5 years, parts only,

• Installation of Cold Box #4 –shall include:

o Complete installation of refrigeration equipment – fan coil, condenser, sight glass, timer, defrost heating. Installation of refrigeration will be done by licensed refrigeration contractor.

o Lighting o Positioning of floor-mounted condensing unit – see floor plan for location.

CLAUSES INCORPORATED BY REFERENCE

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 address:

http://www.arnet.gov/far/loadmainre.html (End of clause)

52.204-7 Central Contractor Registration (Apr 2008) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) ( Feb 2009) 52.219-28 Post-Award Small Business Program Rerepresentation (June 2007) 52.222-6 Davis-Bacon Act (July 2005) 52.222-7 Withholding of Funds (Feb 1988) 52.222-8 Payrolls and Basic Records (Feb 1988) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) July 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) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.228-2 Additional Bond Security (Oct 1997) 52.228-11 Pledges of Assets(Feb 1992) 52.228-12 Prospective Subcontractor Requests for Bonds(Oct 1995) 52.228-13 Alternative Payment Protections (July 2000) 52.228-14 Irrevocable Letter of Credit (Dec 1999) 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-23 Assignment of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Oct 2008) 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) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

(Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

CLAUSES INCORPORATED BY FULL TEXT

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 90 days.

The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.223-11 Ozone-Depleting Substances (May 2001)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(End of clause)

52.225-9 Buy American Act—Construction Materials (Feb 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart 2_1.html#wp1145508 http://uscode.house.gov/ 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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including— http://uscode.house.gov/ http://uscode.house.gov/ http://www.arnet.gov/far/current/html/Subpart 12_5.html#wp1077123

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* 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).]

52.228-13 Alternative Payment Protections (July 2000)

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

Bonds

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

(c) The submission of the payment protection is required within 10 days of contract award.

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

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

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

(End of clause)

PROVISIONS INCORPORATED BY REFERENCE

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 address:

http://www.arnet.gov/far/loadmainre.html

(End of provision)

52.215-1 Instructions to Offerors—Competitive Acquisition. (Jan 2004) Facsimile Proposals (Oct 1997) with the following text added:

(612) 336-3550

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) Minority 28.9%: Female 6.9% 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.236-28 Preparation of Proposals—Construction (Oct 1997)

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 Annual Representations and Certifications (Feb 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is 14 million dollars.

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

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

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

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

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

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

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

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

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

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

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

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

[Contracting Officer check as appropriate.] X__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

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

__ (iii) 52.219-22, Small Disadvantaged Business Status.

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__ (A) Basic.

__ (B) Alternate I.

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

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

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

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

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 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 Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA 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 ORCA.

(End of provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

52.222-5 Davis-Bacon Act—Secondary Site of the Work (July 2005) 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, Davis-Bacon Act, 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.

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(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.

(End of provision)

52.225-10 Notice of Buy American Act Requirement—Construction Materials (Feb 2009)

(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 Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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52.225-18 Place of Manufacture (Sept 2006)

(a) Definitions. As used in this clause— “ Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) o Outside the United States.

(End of provision)

52.236-27 Site Visit (Construction) (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Greg Simmons Telephone (cell) 602-708-7286

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