AG-6295-S-12-0134.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

X

X

238290

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/20/2012 1700 ET

08/27/2012

612-336-3625LEAH SCHULTZ

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-12-0134

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 29 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

Linden NJ 07036 Building G 2500 Brunswick Ave. Bldg G.

USDA-APHIS-PPQ

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$14.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation for the dismantling and removal of three (3) fumigation chambers as outlined in the attached Statement of Work. Please see attached Sections 1.0 - 5.0 for further details, terms and conditions of this solicitation.

Period of Performance: 10/01/2012 to 12/31/2012

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JAMES G. ROLOFF

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

AG‐6395‐S‐12‐0134

1.0 STATEMENT OF WORK

Demolition, Removal and Disposal of Fumigation Chambers Plant Inspection Station, Linden, New Jersey

1.1 PROJECT SCOPE

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection service (APHIS), Plant Protection and Quarantine (PPQ) request the services of a Contractor to provide all labor, equipment, and materials to disassemble, remove and dispose of three

(3) existing Methyl Bromide fumigation chambers including associated equipment, piping and appurtenances. The chambers are currently located at:

2500 Brunswick Ave. Bldg G.

Linden, New Jersey 07036

1.2 EQUIPMENT DETAILS

As mentioned above, there are three Methyl Bromide Fumigation Chambers to remove along with auxiliary equipment. This facility is in process of relocating to a different facility where fumigation activities will not be conducted.

1.2.1 Chamber Description

Chamber 1: 6’ 6” L x 6’ 7” W x 8’ H 181 cu.ft. internal volume Chamber 2: 6’ 2” L x 6’ 9” W x 8’ H 181 cu.ft. internal volume Chamber 3: 14’ 8” L x 5’ 6”W x 8’H 385 cu.ft. internal volume

1.2.2 Associated Auxiliary Equipment:

Squire‐Cogswell Vacuum Pump (3) Speedaire Air Compressor (1) State Water Heather (1) Bell & Gossett Water Pump (1) Temptek Chiller (1)

1.2.3 Chamber Photos

1.3 REQUIREMENTS

In order to successfully remove the chambers and equipment, the following tasks must be completed as described:

A. All electrical connections shall be de‐energized, disconnected and conductors removed back to primary distribution breakers. Utility services shall be disconnected and capped, as required.

B. Vents and exhausts shall be blanked at the underside of the roof.

C. All tools, equipment, supplies and conveyances required for this job to be provided by the contractor.

D. Disposal of all materials, waste, trash, and debris shall be in a safe manner in accordance with applicable law and ordnances. Contractor must comply with National Building Codes, Local Building Codes, and Zoning Ordinances, as applicable.

E. Contractors are expected to make their quotes in consideration of local conditions, weather and other contingencies. A site visit is available during business hours from Sept 3‐7. Please contact Randy Cadet at 908‐862‐2012 to schedule a specific time during that week.

*Upon completion of the tasks outlined in this SOW, the facility should be clean and free from any debris resulting from the work performed.

PLEASE NOTE: No structural modification to the facility is required for removal of the chambers.

1.4 PRICE

This solicitation will result in a fixed price purchase order. The price must be inclusive of all costs required to complete the requirements outlined in this solicitation. Please note that pricing must be in compliance with the current Federal Wage Determination.

1.5 LOCATION DETAILS

The Plant Inspection Station currently occupies approximately 10,000 SF of a 1 story 22’ high bay building. The total square footage is 106,000 The floor is a finished concrete floor approximately 4’ above finished grade.

1.5.1 Access to the facility

Access to the space where the fumigation chambers are located is via a loading dock roll up and three internal roll up doors.

Minimum clearance on dock door is: 17’7” W X 10’6”H.

Minimum clearance on internal doors is: 7’11’’ W X 10’ H.

Access to the facility will require prior coordination with the local facility manager.

Site work times and dates will be coordinated with the facility manager to ensure access and to inform them of the planned activities.

1.6 PERIOD OF PERFORMANCE

This task must be completed between 01 October 2012 and 01 January 2013.

1.7 QUESTIONS

All questions must be submitted via email to the Contract Specialist, Leah Schultz, at leah.h.schultz@aphis.usda.gov.

1.8 QUOTE DUE DATE, TIME and FORMAT

Quotes are due via email or mail no later than 3:00 PM CDT on 20 September 2012. It is the contractor’s responsibility to ensure quotes are received on time. If submitting via email please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your quote.

USDA APHIS MRPBS

Leah Schultz – Contracting 100 North 6th Street Suite 510 – C, Butler Square Minneapolis, MN 55403

(612) 336‐3625 (phone) Leah.h.schultz@aphis.usda.gov

1.9 MINIMUM QUALIFICATION FACTORS

1.9.1 Evaluation Overview (see 52.212‐2 Evaluation of Commercial Items) In this acquisition, the Government will obtain best value by using the best value source selection approach defined at FAR 15.101‐1; i.e., an approach which permits tradeoffs among cost or price and non‐cost factors and allows the Government to accept other than the lowest priced proposal.

The Government will award from this solicitation to the most qualified, responsible offeror whose offer best conforms to the solicitation specifications, and is most advantageous to the government. To arrive at an award decision, the contracting officer will evaluate offerors submission of prior relevant experience, past performance and price.

Submittal evaluation will occur in accordance with FAR 13.106‐2.

1.9.2 Evaluation Factors

Offerors will be evaluated on the following criteria:

A. Prior Experience The government will evaluate the quality and extent of the offeror’s experience on projects of a similar size and scope to this solicitation. The purpose of the prior experience evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this solicitation, based on the offeror’s demonstrated experience. After evaluating an offeror’s prior experience, the offeror will be assigned one of the following ratings:

PERFORMANCE CONFIDENCE ASSESSMENTS

Rating Description

SUBSTANTIAL

CONFIDENCE

Based on the offeror’s prior experience, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the offeror’s prior experience, the government has an expectation that the offeror will successfully perform the required effort.

LIMITED CONFIDENCE Based on the offeror’s prior experience, the government has a low expectation that the offeror will successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s prior experience, the government has no expectation that the offeror will be able to successfully perform the required effort.

UNKNOWN

CONFIDENCE

No prior experience is identifiable or the offeror’s prior experience is so sparse that no confidence assessment rating can be reasonably assigned.

Offerors with no relevant prior experience or the offeror’s prior experience is so limited that no confidence rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

B. Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. The offeror's submission of relevant past performance information must convey to the government that the offeror is capable, possesses technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources to deliver timely and quality demolition services. Offeror’s with no past performance information will be given a neutral rating.

C. Price After an initial compliance review, offerors will be ranked according to the most favorable proposed price for the project, with the low offeror ranked first.

Unrealistically low or high prices may be grounds for eliminating a proposal from consideration.

Prior Experience and Past Performance when combined are approximately equal to Price.

1.9.3 Additional Evaluation Details

If the lowest priced evaluated offer is judged to have a Substantial Confidence performance assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award of the contract shall be made to that offeror.

The Government reserves the right to award a contract to other than the lowest priced offeror, if that offeror does not have a performance confidence assessment of “Substantial Confidence”. In that event, the Contracting Officer will make a best value award decision.

Offerors are encouraged to submit sufficient information to allow the Contracting Officer to develop a performance confidence assessment. Offeror’s may be asked to clarify certain aspects of their proposal (e.g., the relevancy of performance information) or respond to adverse performance information to which the offeror has not previously had an opportunity to respond. Communications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

The Government intends to award a contract without discussions. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

1.10 ITEMS REQUIRED TO BE SUBMITTED FOR AWARD

The following items are required to be submitted in order to be eligible for award:

1) Signed SF 1449 form with Contractor Name, address, contact number, DUNS number and Federal Tax ID number

2) Itemized price list for completion of this task along with an estimated timeline.

3) Detail three (3) prior experience references including:

a. Company or agency name

b. Description of the project and its relevancy to this solicitation

c. Point of contact

i. Name

ii. Phone Number

iii. Email Address

4) Detail three (3) Past Performance References including:

a. Company or agency name

b. Brief description of the project

c. Point of contact

i. Name

ii. Phone Number

iii. Email Address

**Please note that prior experience reference and past performance references can be the same.

5) Representations and Certifications (either complete clause 52.212‐3 Offeror

Representations and Certifications—Commercial Items below or complete it online at https://www.sam.gov/portal/public/SAM/.)

3.0 ADMINISTRATION

3.1 Invoicing Information

Invoices may be issued upon USDA acceptance of all work completed. Invoices shall be sent to:

USDA‐APHIS‐PPQ

Attn: Ximena Miranda 8100 NW 15th Place Gainesville, FL 32606

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

3.2 Point of Contact

For questions regarding general administration, please contact Leah Schultz, Contract Specialist, at 612‐336‐3625 or Leah.h.schultz@apis.usda.gov.

4.0 CONTRACT CLAUSES

4.1 Clauses Incorporated by Reference

52.212‐4 Contract Terms and Conditions—Commercial Items (June 2010).

4.2 Clauses Incorporated by Full Text

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items (Jul 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222‐50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108‐77, 108‐78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Feb 2012) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(6) 52.209‐6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

(8) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112‐74, section 740 of Division C of Pub. L. 111‐117, section 743 of Division D of Pub. L. 111‐8, and section 745 of Division D of Pub. L. 110‐161).

(10) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(12) (i) 52.219‐6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(23) 52.219‐28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

(26) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

(28) 52.222‐21, Prohibition of Segregated Facilities (Feb 1999).

(29) 52.222‐26, Equal Opportunity (Mar 2007) (E.O. 11246).

(30) 52.222‐35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(31) 52.222‐36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(32) 52.222‐37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

(38) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

(42) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(47) 52.232‐33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C.

3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222‐41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

Wage Determination No.: 2005‐2353, Revision No.: 12, Date Of Revision: 06/13/2012 23470 – Laborer $13.74

(2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

WG‐2

52.223‐10 ‐‐ Waste Reduction Program. (May 2011)

(a) Definitions. As used in this clause—

“Recycling” means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

“Waste prevention” means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

“Waste reduction” means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost‐effective waste reduction in all operations and facilities covered by this contract.

52.236‐7 ‐‐ Permits and Responsibilities. (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

52.236‐12 ‐‐ Cleaning Up. (Apr 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Facility Manager.

52.237‐1 ‐‐ Site Visit. (Apr 1984)

Offerors or quoters 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 cost 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.

52.236‐13 ‐‐ Accident Prevention. (Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will ‐‐

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall ‐‐

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910;

and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385‐1‐1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

52.243‐4 ‐‐ Changes. (Jun 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes ‐‐

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government‐furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating ‐‐

(1) The date, circumstances, and source of the order; and

(2) That the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph

(b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause.

(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.

52.246‐13 ‐‐ Inspection ‐‐ Dismantling, Demolition, or Removal of Improvements. (Aug. 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may ‐‐

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

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://acquisition.gov/far/index.html

452.209 –71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternative 1 (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112‐ 74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, APHIS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

5.0 CONTRACT PROVISIONS

5.1 Provisions Incorporated by Reference

52.212‐1 ‐‐ Instructions to Offerors ‐‐ Commercial Items. (Jun 2008)

5.2 Provisions Incorporated by Full Text

52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Prior Experience The government will evaluate the quality and extent of the offeror’s experience on projects of a similar size and scope to this solicitation. The purpose of the prior experience evaluation is to allow the government to assess the offeror’s ability to perform the effort described in this solicitation, based on the offeror’s demonstrated experience. After evaluating an offeror’s prior experience, the offeror will be assigned one of the following ratings:

PERFORMANCE CONFIDENCE ASSESSMENTS

Rating Description

SUBSTANTIAL CONFIDENCE Based on the offeror’s prior experience, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the offeror’s prior experience, the government has an expectation that the offeror will successfully perform the required effort.

LIMITED CONFIDENCE Based on the offeror’s prior experience, the government has a low expectation that the offeror will successfully perform the required effort.

NO

CONFIDENCE

Based on the offeror’s prior experience, the government has no expectation that the offeror will be able to successfully perform the required effort.

UNKNOWN CONFIDENCE No prior experience is identifiable or the offeror’s prior experience is so sparse that no confidence assessment rating can be reasonably assigned.

Offerors with no relevant prior experience or the offeror’s prior experience is so limited that no confidence rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. The offeror's submission of relevant past performance information must convey to the government that the offeror is capable, possesses technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources to deliver timely and quality demolition services.

Offeror’s with no past performance information will be given a neutral rating.

Price After an initial compliance review, offerors will be ranked according to the most favorable proposed price for the project, with the low offeror ranked first. Unrealistically low or high prices may be grounds for eliminating a proposal from consideration.

Prior Experience and Past Performance when combined are approximately equal to Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items. (Apr 2012)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision‐‐

“Economically disadvantaged women‐owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service‐disabled veteran‐owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service‐disabled veterans or, in the case of a service‐disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐ connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran‐owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212‐3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in 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 paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. 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. 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 electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran‐owned small business concern.

(3) Service‐disabled veteran‐owned small business concern. [Complete only if the offeror represented itself as a veteran‐owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service‐disabled veteran‐owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women‐owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women‐ owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

_________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women‐owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women‐owned business concern (other than small business concern). [Complete only if the offeror is a women‐owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women‐owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first‐tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219‐23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219‐25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that‐‐

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 ‐‐

(1) Previous contracts and compliance. The offeror represents that ‐‐

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that ‐‐

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60‐1 and 60‐ 2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs…