S-16-0008_STOCK_TANK_MTCE.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

798295

TONTO NATIONAL FOREST

2324 E MCDOWELL ROAD

PHOENIX AZ 85006

KELLY HULL 602-225-5346

105/24/2016

AG-8180-S-16-0008

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

PROJECT: ALLOTMENT LIVESTOCK TANK MAINTENANCE

THIS PROJECT REQUIRES MAINTENANCE OF LIVESTOCK WATERING TANKS BY USING BACKHOES WITH

RUBBER WHEELS OR BULLDOZERS NO LARGER THAN A CATERPILLAR D7. SILT TO BE REMOVED

FROM TANK AND PUSHED UP OUT OF TANK. DAM AND OVERFLOWS WILL BE RECONSTRUCTED IN

ACCORDANCE WITH THE STATEMENT OF WORK.

MAGNITUDE OF THIS PROJECT IS LESS THAN $25,000

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

GENERAL SCOPE: RECONSTRUCT BREACHED DAMS AND OVERFLOWS AND REMOVE SILT FROM

LIVESTOCK TANKS ON TEN (10) TANKS ON FOUR (4) ALLOTMENTS IN ACCORDANCE WITH THE

INCLUSIVE STATEMENT OF WORK.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 30 calendar days and complete it within ________________ ________________ calendar days after receiving

06/06/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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)

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

BY

2PAGE OF

TONTO NATIONAL FOREST

2324 E MCDOWELL ROAD

PHOENIX AZ 85006

KELLY HULL

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-8180-S-16-0008

Delivery: 09/30/2016

Delivery Location Code: 8180

TONTO NATIONAL FOREST

2324 E MCDOWELL ROAD

PHOENIX AZ 85006 US

FOB: Destination

Period of Performance: 05/24/2016 to 09/30/2016

Stock Tank Cleaning

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

USDA - Forest Service Tonto National Forest 2324 E. McDowell Rd., Phoenix, AZ 85006

Project:

Pay Item Item Description Est. Quantity Method of

Meas.

Pay Unit Unit Price Amount

1 Labor 10 Each 1

Total Quote

Cartwright Tank Maintenance

Schedule of Items

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STATEMENT OF WORK

Cartwright Allotment Livestock Tank Maintenance

Livestock watering tanks on the Cartwright Allotment, Cave Creek Ranger District are in need of maintenance. Some have breached dams and all are heavily silted back in.

Completion of maintenance will be done using backhoes with rubber wheels or bulldozers no larger than a Caterpillar D7. Silt will be removed from tank and pushed up out of the tank. Dam and overflows will be reconstructed.

Most tanks are accessible by road. The blade on the equipment may not drop until the machine is within the existing tank except to push an occasional boulder or tree out of the equipment’s path.

Pasture Name Tank Name Location

Grays Gultch Magazine Tank T8NR4E Sect. 24 Unnamed Tank T8NRE4 Sect. 34 Humbolt Blue Ridge Tank T7NR5E Sect. 09 Maverick Forked Ridge T7NR5E Sect. 10 Barpit T7NR5E Sect. 01 Humbolt T7NR5E Sect. 12 North Deer Flat T7NR5E Sect. 13 South Deer Flat T7NR5E Sect. 13 Quien Sabe Roundup T7NR4E Sect. 13 Skunk T7NR4E Sect. 13 T7NR4E Sect. 13

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 5 of 46

Tank 1. Unnamed Tank. Located off FR 17. UTM 12S 0413380 3761589 ~ size 66’x 72’

We followed FR 24 to FR41 and headed south on FR17 to this location. Tank was not easy to spot as it is located approximately 500 feet off the road. A wash runs alongside its east side, causing a severe breach in the southern portion of the structure.

Picture 1. Unnamed tank from road

Picture 2. View from top of tank looking south. Picture 3. View looking north-note wash on side.

Picture 4. South east corner of the tank. Breached and adjoining the wash.

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66’

72’

Wash

N

FR 17

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Tank 2. Magazine Tank. Located off FR 3190. UTM 0416722 3764412 ~size 102’ x 75’

We followed FR 24 to FR 41. Headed north on FR 3190. The road ends at a wash UTM 12S 0416017 3763937. We hiked the rest of the way to the tank. Parts of the old road could be seen and followed to the tank, but getting equipment in there may be going to be difficult with the wash.

Picture 5. Magazine Tank UTM 0416339 3764340

75’

102’

Old Road

N

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 8 of 46

Tank 3. Blue Ridge Tank. Located off FR 1094. UTM 12S 0422374 3758804 ~size 90’x100’

We followed FR 24 to the turn off for FR 254, then forked right onto FR 1094. Tank was on right of the road.

Picture 6. Blue Ridge Tank, looking west.

Tank 4. Forked Ridge Tank. Located of FR 1098. UTM 12S 0424006 3758974 ~size 110’ x 107’

100’

90’

FR 1094

Drainage

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We followed FR 24, headed east on FR 562, Humboldt Road, the followed FR 1098 to tank. Tank is split between two pastures, and is dry. The fence that splits the tank appears to be in good condition, but will need to be removed to allow work.

Picture 7. Forked Ridge Tank

107’

110’

Fence

FR 562

FR 1098

Drainage

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 10 of 46

Tank 5. Barpit Tank. Located off FR 562. UTM 12 S 0425946 3759869 Size~ 92’ x 102’

We followed the FR 563 just past the intersection of FR 309. The tank was located on our right.

Picture 8. Barpit Tank with Humboldt in the back ground.

102’

92’ Drainage

FR 562

FR 309

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Tank 6. Humboldt Tank. Located at end of FR 309. UTM 12 S 0426276 3759351 Size~ 108’ x 96’

After following FR 309 to the end we came to Humboldt Tank. The road down gets pretty rocky and may require 4WD. There is no water in the tank, instead there were four large pole sized Willow trees. The trees will have to be removed. On the west side of the tank is a heavy head cut. While it has not yet had a major impact on the tank wall. Could use the material removed from the tank to fill.

Picture 9. Humboldt Tank with large Willows

Head cut 96’

108’ FR 309

Drainage

Drainage

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 12 of 46

Tank 7. North Deer Flat Tank Located off FR 1099. UTM 12S 0426080 3757716 Size~ 111’x117’

From FR 24 we followed FR 1099 to the tank. The road up was very rocky and is not well suited to automobiles. The tank was to our right.

Picture 10. North Deer Flat Tank, looking south.

129’

115’

N

Drainage

Drainage

FR 1099

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 13 of 46

Tank 8. South Deer Flat Tank. Located off FR 1099. UTM 12s 0425992 3757303 Size~ 117’x111’

This tank was located at the end of FR 1099. The road is hard to see and has been mostly grown over with grasses and annual plants, but remains drivable. Area around tank is very green and shows lots of signs of wildlife; deer, coyote, etc. There was still some water in the tank, though not much.

Picture 11. South Deer Flat Tank, looking west.

111’

117’

FR 1099

Wash

Drainage

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 14 of 46

Skunk and Round up Tank were not be visited but are depicted on the map below. They are accessible by overland travel only (no road/trail exists). The route will be agreed upon by the contractor and the district before it is used.

Picture 12. Map showing Skunk Tank and Round up Tank in blue, Trails in red, and roads in blue.

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S

S

S

S

S

S

S

S

S

S

BLUE RIDGE TANK

SKUNK TANK

BARPIT TANK

UNNAMED TANK

ROUNDUP TANK

MAGAZINE TANK

HUMBOLDT TANK

FORKED RIDGE TANK

NORTH DEER FLAT TANK

SOUTH DEER FLAT TANK

8 97

2 1 5 4 3 2 16

11 11

1517 16 14

14 13

26 25

24232221

24 19 20

24 19

22 23 24

24B

2 1060

93 31

24C

Copyright:© 2013 National Geographic Society, i-cubed

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 16 of 46

SECTION D-Packaging and Marking

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

SECTION E- Inspection and Acceptance

FAR 52.246-1 Contractor Inspection Requirements (Apr 1984) FAR 52.246-12 Inspection of Construction (Aug. 1996)

SECTION F- Deliveries or Performance

FAR 52.242-14 Suspension of Work. (APR 1984) FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

SECTION G- Contract Administration Data

AGAR 452.215-73 Postaward Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at: a location to be determined with the successful contractor.

(End of Clause)

SECTION H- Special Contract Requirements

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

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

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 17 of 46 http://www.arnet.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION J - List of Documents, Exhibits and Other Attachments

ATTACHMENT # TITLE NUMBER OF PAGES

1 Wage Determination 7 2 Tonto NF Fire Plan 4

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FEDERAL ACQUISITION REGULATION CLAUSES AND PROVISIONS

52.203-5 –Covenant Against Contingent Fees (May 2014) 52.203-7 –Anti-Kickback Procedures (May 2014) 52.203-17 –Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Apr 2014) 52.204-7 -- System for Award Management. (Jul 2013) 52.204-9 -- Personal Identity Verification of Contractor Personnel. (Jan 2011) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)\ 52.211-18 -- Variation in Estimated Quantity. (Apr 1984) 52.219-14 -- Limitations on Subcontracting. (Nov 2011) 52.222-3 -- Convict Labor. (June 2003) 52.222-6 -- Davis-Bacon Act. (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. (July 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. (Apr 2015) 52.222-27 -- Affirmative Action Compliance Requirements for Construction. (Apr 2015) 52.222-36 -- Affirmative Action for Workers With Disabilities. (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) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224-1 -- Privacy Act Notification. (Apr 1984) 52.224-2 -- Privacy Act. (Apr 1984) 52.225-13 -- Restrictions on Certain Foreign Purchases. (Jun 2008) 52.227-4 -- Patent Indemnity -- Construction Contracts. (Dec 2007) 52.228-2 -- Additional Bond Security. (Oct 1997) 52.228-11 -- Pledges of Assets. (Jan 2012) 52.228-12 -- Prospective Subcontractor Requests for Bonds. (May 2014) 52.228-14 -- Irrevocable Letter of Credit. (Nov 2014) 52.229-4 -- Federal, State, and Local Taxes (State and Local Adjustments). (Feb 2013) 52.232-5 -- Payments Under Fixed-Price Construction Contracts. (May 2014) 52.232-23 -- Assignment of Claims. (May 2014) 52.232-27 -- Prompt Payment for Construction Contracts. (May 2014) 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management. (Jul 2013) 52.232-39 – Unenforceability of Unauthorized Obligations (June 2013) 52.233-1 -- Disputes. (May 2014) 52.233-2 – Service of Protest (Sep 2006) 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)

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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) 52.236-12 -- Cleaning Up. (Apr 1984) 52.236-13 -- Accident Prevention. (Nov 1991) 52.236-15 -- Schedules for Construction Contracts. (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) 52.236-28 –Preparation of Proposals- Construction (Oct 1997) 52.243-5 -- Changes and Changed Conditions. (Apr 1984) 52.246-21 -- Warranty of Construction. (Mar 1994) 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form). (Apr 1984) 52.249-10 -- Default (Fixed-Price Construction). (Apr 1984) 52.253-1 -- Computer Generated Forms. (Jan 1991)

AGRICULTURE ACQUISTION REGULATION (48 CFR Chapter 4) CLAUSES

452.236-70 Additive or Deductive Items. (Feb 19880 452.236-71 Prohibition Against the Use of Lead-Based Paint. (Nov 1996) 452.236-72 Use of Premises. (Nov 1996) 452.236-73 Archaeological or Historic Sites. (Feb 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (Nov 1996) 452.236-76 Samples and Certificates. (Feb 1988) 452.236-77 Emergency Response. (Nov 1996)

FAR 52.222-5 -- Davis-Bacon Act—Secondary Site of the Work. (Jul 2005)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the ContractingOfficer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of Provision)

FAR 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—

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(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 http://www.sam.gov , 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; and

(2) Submit this report not later than—

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

(ii) At the end of contract performance.

(End of clause)

FAR 52.225-9 -- Buy American Act–Construction Materials. (Sep 2010)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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“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 nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domesticpreference.

(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

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 22 of 46 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

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 23 of 46 construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Constructionmaterial description

Unit of measure

Quantity Price (dollars) *

Item 1 Foreignconstruction material

Domesticconstruction

Item 2 Foreignconstruction

Domesticconstruction

AG-8180-S-16-0008 STOCK TANK CLEANING/MTCE 24 of 46

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

[Includeotherapplicable supporting information.]

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

(End of Clause)

FAR 52.244-6 -- Subcontracts for Commercial Items. (Dec 2013)

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained 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.

52.219-8, Utilization of Small Business Concerns (Jul 2013) (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.

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

(ix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xi) 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.

(End of Clause)

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SECTION K- Representations, Certifications, and Other Statements of Offerors

FAR 52.204-8 -- Annual Representations and Certifications. (Jan 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $15.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitationsthat—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

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

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

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

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

(A) Basic.

(B) Alternate I.

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

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

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

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

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

FAR 52.219-28 – Post-Award Small Business Program Rerepresentation. (Jul 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

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(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].

FAR 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.

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(End of provision)

(End of clause)

AGAR 452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

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

Contract line item(s): ALL

-- NAICS Code 238990

-- Size Standard $15.0 Million

(End of provision)

SECTION L- Instructions, Conditions and Notices to Offerors or Respondents

FAR 52.215-1 -- Instructions to Offerors -- Competitive Acquisition. (Jan 2004)

FAR 52.215-5 -- Facsimile Proposals. (Oct 1997)

(a) Definition.

Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 602-225-5204 ATTN: Kelly Hull/Contracting

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document --

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

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FAR 52.216-1 -- Type of Contract. (Apr 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

FAR 52.222-23 -- Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (Feb 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

15.8% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on

(1) its implementation of the Equal Opportunity clause,

(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and

(3) its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

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(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5)…