S-17-0025_Pintail_Lakes_Trail_REVISED.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8173-S-17-0025

REVISED

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFQ)

3. DATE ISSUED

4/20/2017

PAGE OF PAGES

1 48

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

853743

6. PROJECT NO.

7. ISSUED BY CODE 8173 8. ADDRESS OFFER TO

USDA FOREST SERVICE

APACHE SITGREAVES NATIONAL FOREST

30 S CHIRICAHUA DR POB 640

SPRINGERVILLE AZ 85938-0640

USDA FOREST SERVICE

APACHE SITGREAVES NATIONAL FOREST

30 S CHIRICAHUA DR POB 640

SPRINGERVILLE AZ 85938-0640

9. FOR INFORMATION

CALL:

A. NAME

WARREN ABBOTT

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

928-333-6344

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):

AMENDMENT 1 – REVISIONS – USE THIS VERSION 1

CONSTRUCTION: Pintail Lakes Trail & Parking Reconstruction – Lakeside Ranger District – SITE VISIT SCHEDULED FOR MAY 10, 2017, 10:00 A.M., Pintail Lakes Trail & Parking lot, AZ 77, just north of Show Low, AZ 85901.

NAICS: 237310 Size standard $36.5 Million PSC: Z2PA

Basis for award will be Best Value - Tradeoffs – See Section M for requirements.

Range: Between $25,000 and $100,000 -- Total Small Business Set-aside

Davis-Bacon Wages applies

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, 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.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:00pm (hour) local time MAY 24, 2017 (date). If this is a sealed bid solicitation, offers must 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 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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

CONSTRUCTION RFQ 2 | P a g e SOL NO. AG-8173-S-17-0025 APACHE-SITGREAVES NFs

PINTAIL LAKES TRAIL & PARKING RECONSTRUCTION

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 at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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. ACKNOWLEDGMENT 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:

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 8173 27. PAYMENT WILL BE MADE BY

USDA FOREST SERVICE APACHE SITGREAVES

NATIONAL FOREST POB 640

30 S CHIRICAHUA DR SPRINGERVILLE AZ 85938

www.ipp.gov

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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, certifications, and specifications or incorporated by reference in or attached to this contract.

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)

WARREN ABBOTT

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

CONSTRUCTION RFQ 3 | P a g e SOL NO. AG-8173-S-17-0025

PART I – THE SCHEDULE

SECTION B – SCHEDULE – SUPPLIES OR SERVICES AND PRICES/COSTS

BASE

ITEM #

DESCRIPTION OF PROJECT ITEMS

UNIT OF

MEASURE

EST. QTY UNIT PRICE

EXTENDED

AMOUNT

B1.1 Mobilization and bonding LS 1 $

B2.1 Mill asphaltic sidewalk and compact SF 3830 $

B3.1 Concrete sidewalk, including placing and finishing (730 lf)

SF 3650 $

B4.1 Concrete turnouts, compaction, placing, finishing, at 60 sf each

SF 180 $

TOTAL OF ALL BASE ITEMS -

OPTION

ITEM #

DESCRIPTION OF PROJECT ITEMS

UNIT OF

MEASURE

EST. QTY UNIT PRICE

EXTENDED

AMOUNT

O1.1 Mill existing asphaltic parking stall and compact

SF 580

O2.1 Concrete accessible parking stall, including aggregate, placing and finishing

SF 512

O3.1 Concrete accessible stall, Van Horn Roll, 18-inch

LF 62

O4.1 Parking stall striping, install Gov’t furnished wheel stops and signs

LS 1

O5.1 Concrete pad and Gov’t furnished trash enclosure

LS 1

Total of All Optional Items $

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 COST PAYMENTS WEIGHTED ACCORDINGLY TO THE BASE LINE ITEMS. PAYMENT WILL BE MADE ON ACTUAL WORK PERFORMED AS

DESCRIBED IN FP-03 109.01 UNLESS OTHERWISE NOTED.

VERIFY YOUR OFFER BY COMPLETING THE FOLLOWING:

VENDOR COMPANY NAME: __________________________________ DUNS# _______________________

BUSINESS EMAIL ADDRESS: __________________________________________________

AUTHORIZED TO SIGN (NAME): _______________________________________________

SIGNATURE: _______________________________________ DATE:__________________________

PHONE: - -

CONSTRUCTION RFQ 4 | P a g e SOL NO. AG-8173-S-17-0025

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR QUOTATIONS (RFQ)

_____ Respond with the complete RETURN PACKAGE (SEE SECTION M for Evaluation Criteria)

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

SECTION C – STATEMENT OF WORK/DESCRIPTIONS

C1.0 – GENERAL DESCRIPTION OF WORK

The Contractor shall furnish all supervision, materials, equipment and vehicles, tools, parts, labor, transportation, lodging, and miscellaneous items to reconstruction the trail and parking area at the Pintail Lakes Recreation Area in Show Low, AZ.

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 – Bio-preferred Requirements Exhibit 3 – Drawings Exhibit 4 – Specifications Exhibit 5 – BearSaver Enclosure Cut Sheet

C.2 – LOCATION OF PROJECT

The Pintail Lakes Recreation Area is located approximately 3.5 miles north of the AZ260/US60 intersection in Show Low, AZ, along AZ77 on the east side of the road.

C.3 – SPECIFIC SCOPE OF WORK

General: Contractor is required to provide all barricades and safety measures to ensure the protection of the work.

C3.1 Base line items B1.1

All costs associated with mobilization and bonding are a one-time fee.

C3.2 Base line items B2.1

Mill existing asphalt trail, including turnouts, and compact per specifications.

C3.3 Base line items B3.1

Place reinforcement and concrete trail per drawings and specifications.

C3.4 Base line items B4.1

Place reinforcement and concrete trail at turnout locations per drawings and specifications.

https://www.sam.gov/

CONSTRUCTION RFQ 5 | P a g e SOL NO. AG-8173-S-17-0025

C3.5 Option line item O1.1

Mill existing asphalt parking stall and compact per specifications.

C3.6 Option line item O2.1

Place aggregate, reinforcement, and new concrete parking stall per drawings and specifications.

C3.7 Option line item O3.1

Place Van Horn Roll around the new parking stall, per drawings and specifications.

C3.8 Option line item O4.1

Place parking stall striping and install Government-furnished wheel stops (2), and Government-furnished signs and posts (2), per drawings and specifications.

C3.9 Option line item O5.1

Place concrete pad and install Government-furnished bear-proof trash enclosure, per drawings, specifications, and cut-sheet.

Final location to be determined by Contracting Officer, but will be adjacent to existing concrete.

SECTION D – PACKAGING AND MARKING

Exhibit 3 – Drawings

Drawings provided by electronic attachment have been reduced in size and are not to scale (see electronic attachment – 5 pages).

Exhibit 4 – Special Project Specifications (see electronic attachment – 34 pages).

Exhibit 5 – BearSaver Enclosure Cut Sheet (see electronic attachment – 1 page).

SECTION E – INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

CONSTRUCTION RFQ 6 | P a g e SOL NO. AG-8173-S-17-0025

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

CONSTRUCTION RFQ 7 | P a g e SOL NO. AG-8173-S-17-0025

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 day 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 60 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, Monday through Friday, from 6:00 AM to 7:00 PM.

CONSTRUCTION RFQ 8 | P a g e SOL NO. AG-8173-S-17-0025

SECTION G – CONTRACT ADMINISTRATIVE DATA

GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The property and services that will be provided by the Government are as follows:

O4.1 – Gov’t providing wheel stops with rebar stakes, accessible signage, u-channel posts, and hardware.

O5.1 – Gov’t providing bear-resistant trash enclosure

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1.0 BIO-PREFERRED INFORMATION

Bio-Preferred

USDA’s website for Bio-Preferred: http://www.biopreferred.gov/

Product categories: http://www.biopreferred.gov/ProductCategories.aspx

Federal Purchasing Requirement: http://www.biopreferred.gov/PurchasingBiobased.aspx

Federal vendor/contractor reporting requirements: http://www.biopreferred.gov/FARReporting.aspx http://www.biopreferred.gov/ http://www.biopreferred.gov/ProductCategories.aspx http://www.biopreferred.gov/PurchasingBiobased.aspx http://www.biopreferred.gov/FARReporting.aspx

CONSTRUCTION RFQ 9 | P a g e SOL NO. AG-8173-S-17-0025

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):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm

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 (OCT 2015) 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 (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers With Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 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) 52.225-9 Buy American—Construction Materials (MAY 2014)

CONSTRUCTION RFQ 10 | P a g e SOL NO. AG-8173-S-17-0025

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-5 Insurance – Work On A Government Installation (JAN 1997) 52.228-2 Additional Bond Security (OCT 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) 52.232-27 Prompt Payment (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer –System for Award Management (JUL 2013) 52.233-1 Disputes (MAY 2014) 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) 52.236-15 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) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.243-5 Changes and Changed Conditions (APR 1981) 52.244-6 Subcontracts for Commercial Items (OCT 2016) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2015) 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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-73 Attachments to Statements of Work/Specifications 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) 452.236-78 Fire Suppression and Liability (MAY 2014)

CONSTRUCTION RFQ 11 | P a g e SOL NO. AG-8173-S-17-0025

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:

(End of clause)

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.

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/

CONSTRUCTION RFQ 12 | P a g e SOL NO. AG-8173-S-17-0025

(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);

(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

CONSTRUCTION RFQ 13 | P a g e SOL NO. AG-8173-S-17-0025 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 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

CONSTRUCTION RFQ 14 | P a g e SOL NO. AG-8173-S-17-0025 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)* 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).

CONSTRUCTION RFQ 15 | P a g e SOL NO. AG-8173-S-17-0025

52.225-10 -- NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-13 -- ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

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

CONSTRUCTION RFQ 16 | P a g e SOL NO. AG-8173-S-17-0025

(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 ______ days of contract award.

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

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

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

(End of Clause)

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

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-17-0025

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

SECTION J – LIST OF ATTACHMENTS

EXHIBIT 1 U.S. DEPARTMENT OF LABOR, WAGE DETERMINATION #AZ160009

EXHIBIT 2 BIOPREFERRED CONSTRUCTION/MAINTENANCE & REPAIR (OCT 2010)

EXHIBIT 3 DRAWINGS, & PLANS

EXHIBIT 4 PROJECT SPECIFICATIONS

EXHIBIT 5 BEARSAVER ENCLOSURE CUT SHEET

CONSTRUCTION RFQ 18 | P a g e SOL NO. AG-8173-S-17-0025

EXHIBIT 1 DAVIS BACON WAGES -- NAVAJO COUNTY

General Decision Number: AZ170009 01/27/2017 AZ9

Superseded General Decision Number: AZ20160009

State: Arizona

Construction Type: Highway

Counties: Apache, Cochise, Gila, Graham, Greenlee, La Paz, Navajo and Santa Cruz Counties in Arizona.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was 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 $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. 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 01/06/2017 1 01/27/2017

* CARP0408-007 07/01/2016

APACHE, COCHISE & SANTA CRUZ COUNTIES

Rates Fringes

CARPENTER (Including Cement Form Work).......................$ 25.48 11.54

ENGI0428-004 09/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR

Oiler Driver................$ 26.61 9.68

IRON0075-006 08/01/2015

Apache, Cochise, Gila, Graham, Greenlee, La Paz, Navajo Counties

Rates Fringes

Ironworker, Rebar................$ 26.00 21.77

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

CONSTRUCTION RFQ 19 | P a g e SOL NO. AG-8173-S-17-0025

SUAZ2009-002 04/23/2009

Rates Fringes

CARPENTER

Gila, Graham, Greenlee, La Paz & Navajo................$ 21.71 3.82

CEMENT MASON.....................$ 17.74 3.59

ELECTRICIAN......................$ 24.43 5.38

IRONWORKER, Rebar Santa Cruz county...........$ 21.75 13.59

LABORER

Asphalt Raker...............$ 14.97 5.88 Concrete Worker.............$ 13.38 4.50 Fence Builder...............$ 12.20 3.84 Flagger.....................$ 12.31 3.96 General/Cleanup.............$ 12.78 2.50 Guard Rail Installer........$ 12.20 3.84 Landscape Laborer...........$ 11.02 Water Blaster...............$ 14.90 2.90

OPERATOR: Power Equipment Backhoe < 1 cu yd...........$ 17.76 3.89 Compactor Self Propelled (with blade-grade operation.$ 22.53 6.57 Compactor Small Self Propelled (with blade-backfill, ditch operation)..$ 22.29 6.31 Concrete Pump...............$ 20.31 6.48 Crane (under 15 tons).......$ 22.98 4.26 Drilling Machine (including wells)...........$ 21.79 4.10 Grade Checker...............$ 23.41 6.54 Hydrographic Seeder.........$ 19.73 5.40 Mass Excavator..............$ 23.33 6.98 Milling Machine/Rotomill....$ 21.87 6.84 Power Sweeper...............$ 19.33 4.85 Roller (all types asphalt)..$ 17.46 5.58 Roller (excluding asphalt)..$ 19.23 5.09 Scraper (pneumatic tire)....$ 22.41 6.90 Screed......................$ 20.90 6.72 Skip Loader (all types 3 < 6 cu yd)....................$ 20.91 7.35 Skip Loader (all types 6 < 10 cu yd)...................$ 22.24 6.83 Skip Loader < 3 cu yd.......$ 17.97 6.60 Tractor (dozer, pusher-all)........................$ 22.53 6.47 Tractor (wheel type)........$ 24.62 7.57

CONSTRUCTION RFQ 20 | P a g e SOL NO. AG-8173-S-17-0025

PAINTER..........................$ 13.94 2.56

TRUCK DRIVER

2 or 3 axle Dump or Flatrack....................$ 16.17 4.24 Oil Tanker Bootman..........$ 21.94 Pickup......................$ 12.88 1.73 Water Truck < 2500 gal......$ 19.59 5.90 Water Truck > 3900 gal......$ 18.70 4.79 Water Truck 2500 < 3900 gal.........................$ 17.13

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

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

CONSTRUCTION RFQ 21 | P a g e SOL NO. AG-8173-S-17-0025 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…