AG-63PX-S-13-0014_SOLICITATION_BODY.docx

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Attached to
Remove and Replace Vinyl Flooring, Pinelands Field Station Federal contract opportunity
Solicitation number
AG-63PX-S-13-0014
Issued by
Department of Agriculture Forest Service Research Service Northern Research Station

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REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQX ISIS NOT A SMALL BUSINESS SET ASIDE
PAGE OFPAGES
1
38

1. REQUEST NO.

AG-63PX-S-13-0014

2. DATE ISSUED

05/31/2013

3. REQUISITION PURCHASE REQUEST NO.

643094

!. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND OR DMS REG.1

RATING

5a. ISSUED BY US A FOREST SERVICE NORTHERN RESEARCH STATION

1992 FOLWELL AVENUE

ST PAUL MN 55108

". DELI#ERY BY

06/21/2013

%. DELI#ERY

OTHER

X FOB DESTINATION (See Schedule)

&. DESTINATION

a. NAME OF CONSIGNEE

US A FOREST SERVICE

5'. FOR INFORMATION CALL( (No collect calls)

NAME

DAVID EASTER

TELEPHONE NUMBER
STREET ADDRESS

NORTHERN RESEARCH STATION

51 MILL POND ROAD

AREA CODE

NUMBER

649-5236

TO

a. NAME
'. COMPANY
c. STREET ADDRESS
c. CITY

HAMDEN

d. CITY
STATE
ZIP CODE
d. STATE

CT

ZIP CODE

06514-1703

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

06/21/2013 1700 CT

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

ITEM NO.

SUPPLIES SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

REMOVE & REPLACE VINYL FLOOR TILE

NAICS CODE: 238330

SMALL BUSINESS SIZE STANDARD: $14.0 MILLION

ESTIMATED PRICE RANGE: LESS THAN $25,000.

TAX ID NO. _________________________

DUNS NO. _________________________

PRODUCT/SERVICE CODE: Z2HB

PRODUCT/SERVICE DESCRIPTION: REPAIR OR ALTERATION OF GOVERNMENT-OWNED GOVERNMENT-OPERATED (GOGO) REXIT; FACILITIES

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

'. 20 CALENDAR DAYS (%)

c. 30 CALENDAR DAYS $(%)

d. CALENDAR DAYS

NUMBER
PERCENTAGE

NOTE( Additional provisions and representations are* are not attached

13. NAME AND ADDRESS OF QUOTER
1!. SIGNATURE OF PERSON AUTHORI,ED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS
1". SIGNER
a. NAME (Type or print)
'. TELEPHONE

AREA CODE

c. COUNTY

d. CITY
STATE
ZIP CODE
c. TITLE (Type or print)
NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I - THE SCHEDULE

A SF-18, Request for Quotation/Table of Contents 1-2

B Schedule of Items 3

C Description/Specifications/SOW 4

D Packaging and Marking 8

E Inspection and Acceptance 8

F Deliveries or Performance 8

G Contract Administration Data 9

H Special Contract Requirements 9

PART II – CONTRACT CLAUSES

I Contract Clauses 11-16

PART III - LIST OF DOCUMENTS, EXHIBITS, & OTHER

J Attachments 16

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K
Representations, Certifications, and Other
17

Statement of Offerors

L
Instructions, Conditions, & Notices to Offerors
22

M

Basis For Award
29

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS

SILAS LITTLE EXPERIMENTAL FOREST FLOOR REPLACEMENT

Item No. Description Unit Amount

1Remove and
Replacement of
Vinyl floor tile
JobLump Sum$____________

CONTRACTOR SHALL BID ON JOB AS DESCRIBED IN STATEMENT OF WORK. CONTRACT AWARD WILL BE BASED ON THE PRICE OF JOB ALONG WITH RESPONSES TO THE NON-PRICE EVALUATION FACTORS.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK DESCRIPTION OF WORK

This request for bids covers all labor, materials, equipment, rentals, and subcontracted services to remove existing vinyl tile, perform floor prep according to conditions and manufacturer’s instructions, and install new vinyl VCT tile in the entire building; offices, lab space, library/conference room, kitchen, hallway and bathroom for a total of 1,000 square feet.

The original vinyl tile was installed in 1970’s and does not contain any asbestos; therefore it can be disposed of by normal means.

Bid shall also include costs to remove furniture and equipment and put back in place at completion of this project.

Any deviations from these assumptions shall be brought immediately to the attention of the Government. It is the responsibility of the Contractor to familiarize themselves with the site and the conditions of the project prior to submitting their proposal. Refer to attached drawing sheets. This project is occurring on Federal property; therefore, no building permits are required.

PROJECT LOCATION

The site is located at the USDA Forest Service Pinelands Field Station, Silas Little Experimental Forest, 501 Four Mile Road, New Lisbon, NJ 08064. The project site is in Burlington County.

CONTRACT TIME

The estimated start work date is July 17, 2013. Contract time is 90 calendar days from the effective date of the Notice to Proceed.

SITE VISIT

A scheduled site visit is not planned. However, it is strongly advised to interested vendors to thoroughly investigate the site to determine the full extent of the work and the quantities of materials needed.

PRICE RANGE

The price range for this project is less than $25,000.

CONTRACTOR FURNISHED PROPERTY AND SUBMITTALS

The Contractor shall furnish all labor, materials, equipment, supervision, and transportation necessary for the successful completion of the work described in this contract. Prior to beginning work, the Contractor shall submit for approval to the Contracting Officer materials specifications, manufacturer’s installation instructions, a work schedule, and a work safety plan.

UTILITIES

Contractor shall be responsible for locating and protecting Public utilities in the project area. Utilities in the area shall be protected or avoided when encountered.

USE OF UTILITIES

Water and electrical services are available to the contractor at the project area during and for the performance of the contract.

PROTECTION OF EXISTING IMPROVEMENTS

Pavement, buildings, and other improvements shall be protected by the Contractor. The Contractor shall be responsible for repairing any damage to improvements.

REMOVAL AND DISPOSAL OF EXISTING MATERIAL

All waste materials generated by the work shall be promptly removed from Government land and properly disposed of by the Contractor.

SCOPE OF WORK

A. This request for bids covers all labor, materials, equipment, rentals, and subcontracted services to remove existing vinyl tile, perform floor prep according to conditions and manufacturer’s instructions, and install new vinyl VCT tile in the entire building; offices, lab space, library/conference room, kitchen, hallway and bathroom for a total of 1,000 square feet.

B. Contractor shall also be responsible to remove furniture and equipment and put back in place at completion of this project. Any deviations from these assumptions shall be brought immediately to the attention of the Government.

C. It is the responsibility of the Contractor to familiarize themselves with the site and the conditions of the project prior to submitting their proposal.

D. Refer to attached drawing sheets.

E. This project is occurring on Federal property; therefore, no building permits are required.

GENERAL REQUIREMENTS

A. Pre-Construction Meeting

1. COR / Inspector will schedule pre-construction meeting after Notice of Award.

2. Attendance Required: COR / Inspector and Contractor and Subcontractors as appropriate.

B. Submittals

1. Make product submittals to the COR within 20 days of notice to proceed.

2. Submit for review for the limited purpose of checking for conformance to the contract documents.

3. Provide three copies for COR’s retention and the necessary number of copies to be returned to the Contractor.

C. Quality Control

1. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship.

2. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes or specified requirements indicate higher standards or more precise workmanship.

3. Perform Work by persons qualified to produce required and specified quality.

D. References

1. Construction shall conform to applicable: National, State, and Local building codes; electrical, plumbing, mechanical, and fire codes; ASME codes; association, trade, or other consensus standards; Architectural Barriers Act guidelines; applicable ASHRAE guidelines; and, the Government approved design.

2. When reference standards conflict, comply with the requirements of the more stringent standard.

3. When specified reference standards conflict with Contract Documents, request clarification from the Government.

E. Owner Occupancy

1. Facility and site will be occupied during construction. Coordinate all work and vehicle traffic with the Government.

2. Coordinate Contractor vehicle parking with the Government.

F. Contractors Use of Site and Premises.

1. Conduct work during normal business hours: Monday thru Friday, 08:00 am to 4:30 pm unless otherwise approved by the Government.

G. Project Staging Area

1. A reasonable project staging area will be provided for this project. Coordinate location with the Government.

H. Sanitation Facilities

1. The Contractor may use the government sanitary facilities during the execution of this project. It is required that the contractor uses these facilities in a responsible manner, and not track soil/mud into the facility.

I. Government Furnished Utilities

1. The Government will furnish electrical and water utilities for the contractor’s use during construction within reason, so long as the Contractor uses these efficiently and economically.

2. The use of Government furnished telephone utility and fax machine is not permitted except in emergencies. Incoming calls will not be accepted on Government telephones.

J. Refuge/Waste Disposal

1. Contractor shall be responsible for removal and proper disposal of all demolition material.

2. Contractor shall provide their own dumpster for disposal.

3. Contractor shall maintain the project site free and clear of garbage/debris on a daily basis.

K. Security

1. Protect Work from theft, vandalism, and unauthorized entry.

2. Coordinate security of the premises with the Government.

L. Product Delivery, Storage, and Handling

1. Transport, handle, and store products in accordance with manufacturer’s instructions.

2. Protect product from soiling, disfigurement, or damage.

M. Working Schedule

1. Contractor shall submit a work schedule to the Government within 14 days of the notice to proceed.

2. Coordinate with the Government and provide office occupants a minimum 24 hours notification prior to beginning work.

N. Hazardous Materials

1. There are no asbestos containing materials or lead-based paint concerns.

PRODUCTS

A. Vinyl VCT floor tile.

EXAMINAITON

A. Verify existing site conditions and substrate surfaces are acceptable for subsequent work. Beginning new work means acceptance of existing conditions.

B. Examine and verify specific conditions described in individual specification sections.

C. Verify utility services are available, of correct characteristics, and in correct locations.

WORKER’S COMPENSATION INSURANCE

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

SUPPLEMENTAL PROJECT SPECIFICATIONS

Special Project Specifications and other supplemental requirements attached in Section J are applicable to this solicitation and any resultant contract.

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

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

AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1Contractor Inspection Requirements (APR 1984)
52.246-12Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after receipt of Notice to Proceed.

The anticipated start work date is July 17, 2013.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within seven (5) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is five (5) days.

SECTION G--CONTRACT ADMINISTRATION DATA AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held at a time and location mutually agreed upon between the Contracting Officer and the awarded contractor prior of start of work.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

UTILITY SERVICES

The government will provide the following utilities to the contractor for use in the performance of this contract.

1. Water utilities

2. Electrical power

BIOPREFFERED

The Contractor must comply with Section 9002 of the Food, Conservation and Energy Act of 2008; Section 9002 of the Farm Security and Rural Investment Act of 2002; Executive Order 13514, “Federal Leadership in Environment, Energy, and Economic Performance;” Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management;” Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement;” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

PART II--CONTRACT CLAUSES SECTION I--CONTRACT CLAUSES

U.S. DEPARTMENT OF AGRICULTURE

SIMPLIFIED ACQUISITION TERMS & CONDITIONS: CONSTRUCTION

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

Clause No.

Title
Date
52.209-6
Protecting The Government's Interest When Subcontracting With Contractor's Debarred, Suspended, Or Proposed For Debarment
DEC 2010
52.211-1
Availability of Specifications Listed in the Index of Federal Specifications and Standards
AUG 1998
52.211-5
Material Requirements
AUG 2000
52.211-18
Variation in Estimated Quantity
APR 1984
52.213-4
Terms & Conditions--Simplified Acquisitions (Other Than Commercial Items)
AUG 2012
52.219-6
Notice of Total Small Business Set-Aside
NOV 2011
52.219-28
Post-Award Small Business Program Rerepresentation
APR 2012
52.222-3
Convict Labor
JUN 2003
52.222-6
Davis Bacon Act
JUL 2005
52.222-7
Witholding of Funds
FEB 1988
52.222-8
Payrolls and Basic Records
JUN 2010
52.222-9
Apprentices and Trainees
JUL 2005
52.222-10
Compliance With Copeland Act Regulations
FEB 1988
52.222-11
Subcontracts (Labor Standards)
JUL 2005
52.222-12
Contract Termination -- Debarment
FEB 1988
52.222-13
Compliance with Davis-Bacon and Related Act Regulations
FEB 1988
52.222-14
Disputes Concerning Labor Standards
FEB 1988
52.222-15
Certification of Eligibility
FEB 1988
52.222-21
Prohibition of Segregated Facilities
FEB 1999
52.222-23
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-26
Equal Opportunity
MAR 2007
52.222-27
Affirmative Action Compliance Requirements for Construction
FEB 1999
52.222-36
Affirmative Action for Workers with Disabilities
JUN 1998
52.222-50
Combating Trafficking in Persons
FEB 2009
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts
JUL 2012
52.223-3
Hazardous Material Identification and Material Safety Data
JAN 1997
Alternate I
JUL 1995
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-6
Drug Free Workplace
MAY 2001
52.223-15
Energy Efficiency in Energy-Consuming Products
DEC 2007
52.223-17
Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18
Encouraging Contractor Policies to Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-25
Prohibition on Contracting with Entiites Engaging in Certain Activities or Transactions Relating to Iran

Representation and Certifications

DEC 1012

52.227-4
Patent Indemnity—Construction Contracts
DEC 2007
52.228-2
Additional Bond Security
OCT 1997
52.228-11
Pledges of Assets
JAN 2012
52.228-13
Alternate Payment Protections
JUL 2000
52.228-14
Irrevocable Letter of Credit
DEC 1999
52.229-3
Federal, State, and Local Taxes
FEB 2013
52.232-5
Payments Under Fixed Price Construction Contracts
SEP 2002
52.232-18
Availability of Funds
APR 1984
52.232-23
Assignment of Claims
JAN 1986
52.232-27
Prompt Payment for Construction Contracts
OCT 2008
52.232-33
Payment By Electronic Funds Transfer – Central Contractor Registration
OCT 2003
52.233-1
Disputes – Alternate I (DEC 1991)
JUL 2002
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.236-2
Differing Site Conditions
APR 1984
52.236-3
Site Investigation and Conditions Affecting the Work
APR 1984
52.236-5
Material and Workmanship
APR 1984
52.236-6
Superintendence by the Contractor
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
52.236-8
Other Contracts
APR 1984
52.236-9
Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements
APR 1984
52.236-10
Operations and Storage Areas
APR 1984
52.236-11
Use and Possession Prior to Completion
APR 1984
52.236-12
Cleaning Up
APR 1984
52.236-13
Accident Prevention
NOV 1991
Alternate I
NOV 1991
52.236-14
Availability and Use of Utility Services
APR 1984
52.236-15
Schedules for Construction Contracts
APR 1984
52.236-16
Quantity Surveys
APR 1984
Alternate I
APR 1984
52.236-17
Layout of Work
APR 1984
52.236-21
Specifications and Drawings for Construction
FEB 1997
Alternate I
APR 1984
Alternate II
APR 1984
52.236-26
Preconstruction Conference
FEB 1995
52.242-14
Suspension of Work
APR 1984
52.243-5
Changes and Changed Conditions
APR 1984
52.244-6
Subcontracts for Commercial Items
DEC 2010
52.245-1
Government Property
APR 2012
52.245-2
Government Property Installation Operation Services
APR 2012
52.246-12
Inspection of Construction
AUG 1996
52.246-21
Warranty of Construction
MAR 1994
Alternate I
APR 1984
52.249-1
Termination for Convenience of the Government (Fixed Price) (Short Form)
APR 1984
52.249-10
Default (Fixed-Price Construction)
APR 1984
52.253-1
Computer Generated Forms
JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

NUMBER
TITLE
DATE
452.204-70
Inquiries
FEB 1988
452.211-73
Attachments to Statement of Work/Specifications
FEB 1988
452.232-70
Reimbursement for Bond Premiums—Fixed-Price Construction Contracts
NOV 1996
452.236-71
Prohibition Against Use of Lead Based Paint
NOV 1996
452.236-72
Use of Premises
NOV 1996
452.236-73
Archaeological or Historic Sites
FEB 1988
452.236-74
Control of Erosion Sedimentation and Pollution
NOV 1996
452.236-76
Samples and Certificates
FEB 1988
452.236-77
Emergency Response
NOV 1996

FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

(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 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

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

(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—

(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______________ _________________

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS - ALTERNATE 1 (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, 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, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

FINAL CLEANUP

The following is in addition to FAR Clause 52.236-12.

Contractor shall remove and dispose all of its own trash and refuse from the contract area. This cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

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

LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title
Pages
BioBased Assessment
1
Performance evaluation
2
DOL Wage Decision No. WD-05-2449 (Rev.-12)
1

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.223-1 Biobased Product Certification (MAY 2012) 52.223-4 Recovered Material Certification (MAY 2008)

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor
VETS-100 Reporting

4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752 Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s):ALL
--NAICS Code238330
--Size Standard$14.0 million average annual receipts

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.

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238330.

(2) The small business size standard is $14.0 million.

(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 $150,000.

(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

(vii) 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.

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

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

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

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

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

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

(xxi) 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.]

(i) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

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

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

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

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 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 accessed through https://www.acquisition.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.

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $14.0 million.

(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) Representations.

(1) The offeror represents as part of its offer that it concern.

is, is not a small business

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer 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, not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that—

(i) It is, is not an EDWOSB 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 (b)(5)(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.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it not a veteran-owned small business concern.

is, is

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(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 (b)(8)(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.

(c) 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 concern eligible under the WOSB Program.

“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 the size standard in paragraph (a) of this provision.

“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 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. (d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or…

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