AG-63PX-S-13-0025_Solicitation_body.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-63PX-S-13-0025

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/02/2013

PAGE OF PAGES

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

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

654941

6. PROJECT NO.

7. ISSUED BY CODE

63PX

8. ADDRESS OFFER TO

dceaster@fs.fed.us USDA FOREST SERVICE

NORTHERN RESEARCH STATION

1992 FOLWELL AVENUE

ST PAUL MN 55108

9.

FOR

INFORMATION CALL:

a. NAME

DAVID EASTER

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

(651)649-5236

SOLICITATION

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

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

Awning removal and replacement as described in Solicitation body.

11. The Contractor shall begin performance 30 calendar days and complete it within 90 calendar days after receiving award, x notice to proceed. The performance period is mandatory x negotiable. (See .)

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

x YES NO 12b. CALENDAR DAYS

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400

(hour) local time

08/22/2013

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee x is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Agency Copy STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued...

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 63PX 27. PAYMENT WILL BE MADE BY

USDA FOREST SERVICE

NORTHERN RESEARCH STATION

1992 FOLWELL AVENUE

ST PAUL MN 55108

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 1 copies to issuing office.)

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

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

DAVID C. EASTER

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

AG-63PX-S-13-0025

PAGE OF

3 47

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES (B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE (E)

AMOUNT (F)

Awning and Frame Replacement

1 East Terrace complete awning replacement.

Job Lump Sum $____________

Additive/Deductive Item 2

South Porch Fabric Replacement and C Channel Replacement.

Job Lump Sum $____________

DUNS NO. _________________________

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86) Agency Copy Sponsored by GSA FAR (48 CFR) 53.110

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I - THE SCHEDULE

A SF-1442, Request for Quotation/Table of Contents 1-4

B Schedule of Items 5

C Description/Specifications/SOW 6

D Packaging and Marking 11

E Inspection and Acceptance 11

F Deliveries or Performance 12

G Contract Administration Data 12

H Special Contract Requirements 13

PART II – CONTRACT CLAUSES

I Contract Clauses 14

PART III - LIST OF DOCUMENTS, EXHIBITS, & OTHER

J Drawings, Assessment, Evaluations, 19 Wage Determination

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K Representations, Certifications, and Other 20 Statement of Offerors

L Instructions, Conditions, & Notices to Offerors 27

M

Basis For Award 31

SECTION B - SUPPLIES OR SERVICES AND PRICE / COSTS

AWNING REPLACEMENT

Canvas Awning and Frames Replacement

Bid Sheet

Base Bid _____________________

(East Terrace complete awning replacement)

Additive/Deductive Item _______________________

(South Porch Fabric Replacement and C Channel Replacement)

CONTRACTOR SHALL BID ON ALL ITEMS. CONTRACT AWARD WILL BE BASED ON THE SUM OF ALL ITEMS ALONG WITH RESPONSES TO THE NON-PRICE EVALUATION FACTORS. SEE SECTION M FOR

DETAIL.

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under lump sum.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION OF WORK

This request for bids covers all labor, materials, equipment, rentals, and subcontracted services to furnish and install custom fabricated awnings and frames to match existing style. 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.

PROJECT LOCATION

The project is located at the Grey Towers National Historic Site. Grey Towers is owned and administered by the U.S. Department of Agriculture, Forest Service. It is located on Old Owego Turnpike, accessed from the intersection of West Harford and 9th Street in Milford Township in Pike County, PA.

Grey Towers served as the home of Gifford Pinchot, first Chief of the Forest Service, and later a two-term Governor of Pennsylvania. It is a regional tourist attraction and conference center, attracting 15,000-20,000 visitors per year. Grey Towers occupies an area of approximately 102 acres overlooking the town of Milford.

The principal building on the estate is the Grey Towers Mansion, dating from 1886.

CONTRACT TIME

The estimated start work date is August 26, 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 / PROJECT MAGNITUDE

The price range for this project is between $25,000 and $100,000.00.

BID GUARANTEE

A Bid Bond/Guarantee is required for this contract. The Bid Bond amount shall be twenty (20%) of the bid price.

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, warranty, 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, landscaping and other improvements shall be protected by the Contractor. Contractor shall follow Forest Service guidelines for protecting Government pavement and landscaping from damage caused by vehicles and equipment. Protections measures include but are not limited to: use of wood panels and wood mulch to minimize compactions of soils, trimming or moving tree branches out of the way, etc.

Coordinate work with the Government. The Contractor shall be responsible for repairing any damage to improvements and limit use of site and premises to allow Government occupancy and access to Government vehicle parking.

STATEMENT OF WORK

A. Base Bid: East Terrace Roller Awnings

There are three roller awnings to replace. Two 16’x 12’ and one 20’x 12’. All framework and fabric components are to be replaced and matched to existing. A fabric sample is available.

The center 20’x12” awnings need to have two crank mechanisms for retracting awnings, due to the weight issues experienced on the existing awning. This will require two operators to simultaneously operate the awning movement. The design of the existing awning is difficult to extend with one operator and appears to cause excessive stress on the mechanism.

B. Additive/Deductive Item 2: South Porch Fixed Awning

Steel framework is to remain except for C channel frame at edge of awning. The C channel mounted into masonry is to be replaced and match existing. Fabric is to match existing. Fabric sample is available.

C. 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.

D. Contractor’s Use of Site and Premises

1. Work schedule: The contractor may work Monday through Friday 7:00am -5:00pm. Grey Towers is an active public facility with hourly tours. Scheduling of work is needed to minimize the disruption of the interpretive programs. Early mornings are preferred before hourly tours begin at 11:00 am. No work on weekends or federal holidays without permission from the COR. The contractor may request weekend work if this action is approved in writing by the COR within 2 days prior to the weekend in question. The Contractor can request anticipated weekend work with the COR after the construction schedule is approved.

2. Safety, Health & Security Plan: Prior to commencement of Work, Contractor shall submit for Government approval, a plan to facilitate the work in a safe and secure manner, protecting Government and Contractor employees from construction operations and the security of the building and its occupants.

3. Prior to commencement of work, Contractor shall submit a construction schedule for approval by the Government.

4. The work site shall be barricaded off to prevent access to area by GTNHS staff or the public. The Contractor and the COR shall designate a perimeter area that is fenced off from the work site.

E. Government Occupancy

1. The Government will occupy the facility during the entire period of construction.

2. Entrances shall be accessible during construction, except during those times when construction poses a safety risk.

3. Coordinate obstruction of exits with the Government to ensure adequate evacuation routes are available.

F. Framework

1. Steel rods with decorative tips, with COR approval decorative tips can be reused if they are in acceptable condition upon removal by contractor. All frames shall match closely to existing. Mounting further away from masonry walls will help ease of use, as poles will not catch on protruding stones.

Distance of mounting will vary one to two inches depending on the stone protruding. Frames shall be sized to withstand all live loads, dead loads, superimposed loads and transportation loads. Frame shall meet all regional code restrictions. Frames are to be galvanized double dipped rods and hardware.

2. All fastening hardware, screws, and anchors shall be galvanized double dipped steel. This includes all anchors, bolts, shims, and accessory items.

G. Fabric

1. Color match sample provided by government prior to bid.

2. Graphic design refers to drawings for graphic design, scalloped edge detail.

H. Awning Fabrication Frame:

1. All frame members are to be joined by welding.

2. Each member shall be cut and mitered to provide a tight and clean fit.

3. Welds are to be ¼-inch fillet type, clean and ground smooth. All welded to be galvanized.

4. Welds which interface with awning fabric shall be ground smooth and de-burred so no sharp edges are in contact with fabric.

Fabric Application:

1. All fabric shall be applied tight and free of wrinkles, sags, puckers and punctures. All panels shall be equal in tension and quality.

2. Fabric attachment hardware shall be a type which allows for adjustment of the fabric in order to tighten sags and loose areas.

Installation:

1. Installation shall be structurally sound in the masonry, level and leak free. Awnings are to have no blemishes and meet local codes.

I. Submittal Procedures

1. Provide copies of the required documents; all will be reviewed and either approved or rejected.

2. Documents may be provided in Word or Adobe Acrobat .pdf format.

J. Progress Schedules

1. Submit initial schedule within 5 days after date established in Notice to Proceed.

2. Submit revised Progress Schedule with each Application for Payment.

K. Product Data

1. Product Data: Submit to Government for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents.

2. Provide copies and distribute in accordance with Submittal Procedures.

L. Shop Drawings

1. Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor showing in detail, the proposed fabrication and assembly of components, equipment and materials.

2. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

3. The Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Government without evidence of the Contractor’s approval may be returned for resubmission. The Government will indicate a review of the shop drawings. Any work done before such review shall be at the Contractor’s risk. Review by the Government shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract.

M. Manufacturer’s Instructions.

1. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to Government in quantities specified for Product Data.

N. 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.

O. Owner Furnished Utilities.

1. Contractor may use the facility electrical power. Exercise measures to conserve energy.

2. Contractor may use facility water. Exercise measures to conserve water.

3. Contractor may not use facility: telephone, computer, fax machine, or copy machines.

4. Contractor may not use facility sanitary. Provide and maintain required facilities and enclosures.

P. Progress Cleaning and Waste Removal

1. Grey Towers is a highly visible National Historic Site devoted to conservation and tourism which requires a clean and presentable appearance.

2. The contractor will clean up debris indicated below from the site within the construction zone throughout the days that work is being done.

3. The contractor will remove all construction debris, employee waste, trash and garbage generated during the project work or employees activities to reflect the manicured landscape. This includes proper disposal of cigarette butts that must be disposed into a sand container or similar type product. No cigarette butts are to be left in the landscape.

Q. Product Requirements.

1. Furnish products of qualified manufacturers suitable for intended use. Furnish products of each type by single manufacturer unless specified otherwise.

2. Furnish interchangeable components from same manufacturer for components being replaced.

R. Closeout Procedures.

1. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Government review.

2. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due.

S. Final Cleaning

1. Following installation, awnings shall be cleaned and free of any substance which may discolor or damage surface.

2. Provide written cleaning instructions by fabric manufacturer. Damaged fabric panels should be replaceable individually, on the job-site, by the contractor at no additional expense to the government.

T. Protecting Installed Construction

1. Protect installed Work and provide special protection where specified in individual specifications sections.

2. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.

3. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.

4. Protect finished floors, stairs, and other surfaces from traffic, dirt wear, damage, or movement of heavy objects, by protecting with durable sheet materials.

U. Project Record Documents

1. Maintain on site one set of the following record documents; record actual revisions to the Work:

a. Performance Work Statement.

b. Specifications.

c. Drawings.

d. Change Orders and other modifications to the Contract.

e. Reviewed Shop Drawings, Product Data, and Samples. Ensure entries are complete and accurate, enabling future reference by Government.

2. Record information concurrent with construction progress, not less that weekly.

V. Product Warranties and Product Bonds

1. Execute and assemble transferable warranty documents and bonds from subcontractors, suppliers, and manufacturers.

2. Awning system including installation shall be warranted for five years. Frames and fabric attachment shall be warranted against defective material and workmanship for a period five years by awning manufacturer. Fabric shall be warranted by the fabric manufacturer. Written warranty from Supplier is required before final payment

REQUIRED INSURANCE

In accordance with FAR clause 52.228-5 entitled, “Insurance--Work on a Government Installation” the following minimum amounts of insurance are required.

Workmen’s Compensation As required by state laws

Employer’s Liability Insurance $100,000

General Liability Insurance $500,000 per occurrence Bodily Injury Liability

Auto Liability Insurance $200,000 per person

Bodily Injury $500,000 per occurrence

Property Damage $ 20,000 per occurrence

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.

CONSENT OF SURETY

In accordance with FAR 28.106-5, consent of surety will be required if

a. An additional bond is required to support a modification to the contract, and the bond obtained is from a surety different than the original surety;

b. The contract is modified, without any additional bond being required, and the modification changes the contract price by more than 25%

c. A novation agreement is requested by the Contractor.

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

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

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 August 26, 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

SUSTAINABLE ACQUISITION MATERIALS AND PRODUCTS REQUIRED

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 or that are Environmentally Preferable 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. It is desirable that vendors be able to supply the greatest number of Sustainable Acquisition 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 comprehensive list of its Sustainable Acquisition plan of Biobased, BioPreferred, EPA Environmentally Preferable, Energy Star, Recycled Construction Materials, SNAP, and Water Efficient products that indicate 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 and performance of the contract. This list will serve as the basis for your BioPreferred plan and is an EVALUATION FACTOR IN CONTRACT AWARD.

In addition to the items required, the Forest Service encourages the purchase of Sustainable materials and products that are environmentally preferable--those which life-cycle analyses show to be environmentally preferable either because of their resource materials, manufacturing process, toxicity levels, end-of-life possibilities, etc.

The Contractor shall comply with the following provisions:

FAR 52.223-1, Biobased Product Certification.

FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

FAR 52.223-4, Recovered Material Certification.

FAR 52.223-15, Energy Efficiency in Energy-Consuming Products.

FAR 52.223-17, Affirmative Procurement of EPA-Designated Items 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— https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(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 ______________ _________________

FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

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

_ Payment Bond

_Irrevocable Letter of Credit (ILC)

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

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

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

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

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

AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

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 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 Sustainable Assessment 1 Relevant Past Performance Evaluation 2 Relevant Experience Evaluation 1 Sample Template for Sustainable Product Purchases and Use – BioPreferred Plan 4 Project Diagram 1 DOL Wage Decision No. PA130007 08/02/2013 PA7 8

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 Code 314912 --Size Standard 500

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.

http://www.arnet.gov/far/ http://www.vets100.cudenver.edu/ mailto:HelpDesk@vets100.com mailto:Verify@vets100.com

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

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

314912.

(2) The small business size standard is 500.

(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 SAM, and has completed the SAM 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 SAM 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.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850…