RFQ_2015_Fool_Hollow_Concrete_Repairs.pdf

CONSTRUCTION RFQ 1 | P a g e SOL NO. AG-8173-S-15-0005

FOOL HOLLOW CONCRETE REPAIRS

APACHE-SITGREAVES NFs

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 33

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

3/17/2015

AG-8173-S-15-0005

SOLICITATION – DO NOT RETURN

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

USDA FOREST SERVICE, APACHE-SITGREAVES N.F., PO BOX 640

30 S. CHIRICAHUA DR, SPRINGERVILLE, AZ 85938-0640

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Apache Sitgreaves National Forest

WARREN ABBOTT 928 333-6344 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS 30 South Chiricahua Drive

c. STREET ADDRESS c. CITY Springerville

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

AZ 85938

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF

BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5a. This request does not commit the Government to pay any costs incurred in the preparation of the

APRIL 21, 2015, 4:00 P.M.

(LOCAL TIME)

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

SEE ATTACHED SCHEDULE OF ITEMS

a. 10 CALENDAR DAYS (%) b. 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 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

CONSTRUCTION RFQ 2 | P a g e SOL NO. AG-8173-S-15-0005

PART I – THE SCHEDULE—SECTION B –SCHEDULE OF ITEMS

B.1 – SCHEDULE OF BASE ITEMS

Base Item Nos.

Description of Project Items Unit Quantity Unit Price

Total

B1.1 Replace 6” concrete roadways and spurs at

Gov’t marked location, Mallard Site #1

SF 553 $_______ $________________

B2.1

6” concrete pad, trash enclosure , including 4” compacted ABC

SF 160 $_______ $________________

Select material, slope CY 12 $_______ $________________

B3.1 Replace 2’x2’ concrete roadway sections around valves

EA 4 $_______ $________________

B4.1 Replace 6” concrete roadways and spurs at

Gov’t marked locations

SF 500 $_______ $________________

Total of All Base Items $________________

O.1 –SCHEDULE OF OPTIONAL ITEMS*

Option Item Nos.

Description of Project Items Unit Quantity Unit Price Total

O1.1 Replacement of concrete roadways, at Gov’t marked locations, per SF (Up to an additional 600 SF may be awarded)

SF 1 $_______ $________________

Total of All Optional Items $________________

Completed offers may be scanned into electronic document and emailed to: wabbott@fs.fed.us

Site Visit – No Site Visit has been scheduled. Project is located at Fool Hollow Lake Recreation Area, 1500 N.

Fool Hollow Lake Road, Show Low, AZ 85901. Contact the Project Engineer, Richard Polanco, if you need to visit the site, 928-333-6279 or by email: richardrpolanco@fs.fed.us to help determine the scope of the work.

VENDOR COMPANY NAME:

AUTHORIZED TO SIGN (NAME):

SIGNATURE: DATE: _______________

ALL VENDOR INFORMATION SUBMITTED ON THIS PAGE SHALL REMAIN CONFIDENTIAL AND BE USED FOR SOURCE

SELECTION PURPOSES

mailto:wabbott@fs.fed.us mailto:richardrpolanco@fs.fed.us

CONSTRUCTION RFQ 3 | P a g e SOL NO. AG-8173-S-15-0005

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR QUOTATIONS (RFQ)

_____ Respond with the complete RETURN PACKAGE (SEE SECTION M for Past Performance /

Technical Capability)

_____ Provide your DUNS number _______________________

_____ Provide business email address to facilitate communications__________________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

_____ Contractor Technical: Sample Traffic Safety Control Plan (see drawings for additional details)

_____Contractor Past Performance (minimum of 3 references)

MANDATORY (FAILURE TO COMPLETE THIS SECTION WILL REMOVE THE OFFER FROM FURTHER CONSIDERATION):

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Alternate 1 (Feb 2012)

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have 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.

https://www.sam.gov/

CONSTRUCTION RFQ 4 | P a g e SOL NO. AG-8173-S-15-0005

AGAR 452.209-71ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS, Alternate 1 (Feb 2012)

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

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

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

(b) If the awardee fails to comply with these provisions, 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.

CONSTRUCTION RFQ 5 | P a g e SOL NO. AG-8173-S-15-0005

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C1 – GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all supervision, labor, parts, transportation, materials, equipment, tools, shipping, lodging, Federal, State, or local taxes, permits and warranties., lodging, and miscellaneous items to remove damaged concrete pavement sections, replace with new, trash can pad, and concrete replacement at valve locations. Optional item includes an additional square footage of concrete pavement demo and replace. All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request For Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.

The Government intends to award a contract to the offeror that provides the best value. In order to remain in the competitive range, Offerors (Contractors) shall submit the Return Package with the requirements in Section M, Evaluation Factors.

Reference Section J for Exhibits:

Exhibit 1 – U.S. Department of Labor, Wage Determination Exhibit 2 – Drawings Exhibit 3 – FP-14 Specifications

C2 – LOCATION OF PROJECT

The project is located at the Fool Hollow Lake Recreation Area, 1500 N. Fool Hollow Lake Rd, Show Low, AZ 85901. A map showing the loops can be downloaded and printed off the official Arizona State Parks website:

http://azstateparks.com/parks/FOHO/downloads/FOHO_Park_Map.pdf

C.3 – SPECIFIC SCOPE OF WORK

C3.1 Base line item B1.1 – Replace 6” concrete pavement sections at Mallard Site #1 per plans and specifications.

C3.2 Base line item B2.1 – Install 9” concrete pad for dumpster, per plans and specifications. Include select material for side slopes per plans and specifications.

C3.3 Base line item B3.1 – Replace 6” concrete pavement sections, 2’ x 2’, around valve boxes, per plans and specifications.

C3.4 Base line item B4.1 – Replace 6” concrete pavement sections, as field identified and marked, per plans and specifications.

C3.5 Optional line item O1.1 – Replace additional 6” concrete pavement sections, as field identified and marked, per plans and specifications.

http://azstateparks.com/parks/FOHO/downloads/FOHO_Park_Map.pdf

CONSTRUCTION RFQ 6 | P a g e SOL NO. AG-8173-S-15-0005

SECTION D – PACKAGING AND MARKING

THIS SECTION IS NOT APPLICABLE TO THIS CONTRACT

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 http://www.usda.gov/procurement/policy/agar.html

FAR 52.246-12 Inspection of Construction. (APR 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 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 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 shall be 5 days per week, from 8:00 AM to 5:00 PM, Monday through Friday. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement. The Contractor shall phase the project into sections of the building that will least interrupt the working tenants, and shall be included in the Contractor’s proposed schedule.

http://www.arnet.gov/far

CONSTRUCTION RFQ 7 | P a g e SOL NO. AG-8173-S-15-0005

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CONSTRUCTION RFQ 8 | P a g e SOL NO. AG-8173-S-15-0005

PART II – SECTION I – CONTRACT CLAUSES

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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans

(JUL 2014)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible

Veterans (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 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) 52.225-1 Buy American—Supplies (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) http://www.arnet.gov/far/

CONSTRUCTION RFQ 9 | P a g e SOL NO. AG-8173-S-15-0005

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JUL 2013) 52.232-33 Payment by Electronic Funds Transfer –System for Award Management (JUL 2013) 52.233-1 Disputes (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (JUL 2013) 52.233-1 Disputes (MAY 2014) 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (MAR 2015) 52.245-1 Government Property (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)--Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

CONSTRUCTION RFQ 10 | P a g e SOL NO. AG-8173-S-15-0005

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the

United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS

(SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United

States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the

Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the

Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Deborah MacIvor (dmacivor@fs.fed.us) phone 928-333-

4301.

(End of clause) http://www.acquisition.gov/far/current/html/%20http:/uscode.house.gov/ http://www.acquisition.gov/far/current/html/%20http:/uscode.house.gov/ http://www.biopreferred.gov/ mailto:dmacivor@fs.fed.us

CONSTRUCTION RFQ 11 | P a g e SOL NO. AG-8173-S-15-0005

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of

Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as

National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data

Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard

No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the

Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS. (MAY 2014)

(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);

CONSTRUCTION RFQ 12 | P a g e SOL NO. AG-8173-S-15-0005

(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 -

(1) 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

(2) 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 non-availability 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

CONSTRUCTION RFQ 13 | P a g e SOL NO. AG-8173-S-15-0005 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 or Balance of Payments Program.

(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)*

CONSTRUCTION RFQ 14 | P a g e SOL NO. AG-8173-S-15-0005

Item 1:

Foreign construction material Domestic construction material

Item 2:

Foreign construction material Domestic construction material

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

52.233-2 – SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Warren Abbott, Contracting Officer, Apache-Sitgreaves National Forests Supervisors Office, 3o South Chiricahua Drive, Springerville, AZ 85938.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.233-3 -- PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

CONSTRUCTION RFQ 15 | P a g e SOL NO. AG-8173-S-15-0005

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of Clause)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JUL 2014)

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41

U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)

(Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds

$650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212(a));

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and

10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 https://www.acquisition.gov/far/current/html/52_222.html#wp1147711 https://www.acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_222.html#wp1160019 https://www.acquisition.gov/far/current/html/52_222.html#wp1160019 https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_247.html#wp1156217

CONSTRUCTION RFQ 16 | P a g e SOL NO. AG-8173-S-15-0005

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

CONSTRUCTION RFQ 17 | P a g e SOL NO. AG-8173-S-15-0005

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

EXHIBIT 1 U.S. DEPARTMENT OF LABOR, WAGE DETERMINATION # AZ150028 01/23/2015

AZ28

EXHIBIT 2 DRAWINGS AND PLANS

EXHIBIT 3 SUPPLEMENTAL TECHNICAL SPECIFICATIONS

EXHIBIT 4 BIOPREFERRED CONSTRUCTION/MAINTENANCE & REPAIR

EXHIBIT 5 A-SNF INDUSTRIAL FIRE PLAN

CONSTRUCTION RFQ 18 | P a g e SOL NO. AG-8173-S-15-0005

EXHIBIT 1 WAGE DETERMINATION # AZ150028 01/23/2015 AZ28

General Decision Number: AZ150028 01/23/2015 AZ28

Superseded General Decision Number: AZ20140028

State: Arizona

Construction Type: Building BUILDING CONSTRUCTION, Includes Building Construction on Treatment Plants and on Industrial Sites (Chemical/Processing/Manufacturing Plants, Power Plants, Refineries, Nuclear Plants, Etc.)

County: Navajo County in Arizona.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 01/23/2015

BRAZ0003-009 07/01/2013

Rates Fringes

BRICKLAYER.......................$ 22.83 6.37

CARP0408-001 09/30/2013

Rates Fringes

CARPENTER........................$ 23.75 9.24

CARP1327-001 01/01/2014

Rates Fringes

CARPENTER (Drywall Hanging Only)............................$ 19.75 6.46

ELEC0518-011 08/01/2014

(South and East of boundary beginning at a point where clear Creek crosses the Coconino-Navajo County Line, extending North-easterly along Clear Creek and North-easterly to Cottonwood Wash, along Cottonwood Wash North-easterly to intersection with Navajo Reservation, East along Navajo Reservation Boundary line to intersection with Navajo/Apache County lines)

CONSTRUCTION RFQ 19 | P a g e SOL NO. AG-8173-S-15-0005

Rates Fringes

ELECTRICIAN (Includes Alarm Installation and Low Voltage Wiring)..........................$ 27.00 10.31

ELEC0640-010 07/01/2014

(Remaining Part)

Rates Fringes

ELECTRICIAN (Includes Alarm Installation and Low Voltage Wiring)..........................$ 26.52 9.47

ENGI0428-003 06/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

(CRANE)

(2) under 15 tons...........$ 23.09 9.59

(3) 15 tons to 100 tons, Tower Crane.................$ 27.44 9.59

(4) 100 tons and over.......$ 28.50 9.59

IRON0075-002 01/01/2014

Rates Fringes

IRONWORKER, REINFORCING AND

STRUCTURAL.......................$ 26.52 21.02

Zone 1: 0 to 50 miles from City Hall in Phoenix or Tucson Zone 2: 050 to 100 miles - Add $4.00 Zone 3: 100 to 150 miles - Add $5.00 Zone 4: 150 miles & over - Add $6.50

LABO0383-005 11/01/2013

Rates Fringes

LABORER (MASON TENDER-BRICK).....$ 18.63 4.35

PAIN0086-006 04/01/2013

Rates Fringes

DRYWALL FINISHER/TAPER

ZONE A......................$ 19.00 5.03

ZONE B......................$ 22.50 5.03

CONSTRUCTION RFQ 20 | P a g e SOL NO. AG-8173-S-15-0005

ZONE PAY:

ZONE A: Free Zone: A distance of 0 to 100 miles from the old Phoenix courthouse.

ZONE B: A distance of 101 miles and over from the old Phoenix courthouse: $3.50 per hour over ZONE A

* ROOF0135-001 06/01/2014

Rates Fringes

ROOFER (Includes Installation of Metal Roofs)..................$ 14.97 4.69

SUAZ2012-016 05/30/2012

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 17.71 2.60

FLOOR LAYER: Hardwood and Resilient Flooring...............$ 17.98 6.50

GLAZIER..........................$ 15.98 0.79

LABORER: Common or General......$ 11.98 3.13

LABORER: Landscape & Irrigation.......................$ 9.31 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 16.05 1.49

OPERATOR: Backhoe...............$ 14.00 1.80

PAINTER: Brush, Roller and Spray............................$ 16.13 0.00

PIPEFITTER.......................$ 22.21 6.12

PLUMBER..........................$ 19.63 2.83

SHEET METAL WORKER...............$ 18.68 4.91

SPRINKLER FITTER (Fire Sprinklers)......................$ 16.48 2.94

TILE SETTER......................$ 15.93 0.45

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award

CONSTRUCTION RFQ 21 | P a g e SOL NO. AG-8173-S-15-0005 only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

CONSTRUCTION RFQ 22 | P a g e SOL NO. AG-8173-S-15-0005

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request…