AG-82A7-S-13-0053Curlew.docx

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Curlew JCC Window and Door Replacement
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CONSTRUCTION RFQSOL NO
UNIT
PROJ NAME
PAGE 2 of 17

Addenda Sheet Curlew Window/Door Replacement Reference No. of Document being Continued

AG-82A7-S-13-0053

Page Of

Addenda Sheet Curlew Window/Door Replacement Reference No. of Document being Continued

AG-82A-S-13-0053

Page Of

TABLE OF CONTENTS

Section Title
Page No.
Standard Form 1442
1
Table of Contents
4
Part I – The Schedule
5
Section B - Schedule of Items
5
Section C - Description / Specifications
5
Section E - Inspection and Acceptance
5
Section F - Deliveries or Performance
5
Section G - Contract Administration Data
6

Part II – Contract Clauses

Section I - Contract Clauses
7

Part III – List of Documents, Exhibits, and Other Attachments

Section J - List of documents, Exhibits, and Other Attachments
10

Part IV – Representations and Instructions

Section K – Representations, Certifications, and Other Statements of Offerors/Respondents
10
Section L – Instructions, Conditions, and Notices to Offerors/Respondents
13
Section M – Evaluation Factors for Award
15

Attachments (See Section J)

PART I – THE SCHEDULE

SECTION B – SCHEDULE OF ITEMS

See SF-1442

SECTION C - DESCRIPTION / SPECIFICATIONS

Project Summary Work for this project requires the contractor to be responsible for supplying all labor, materials, equipment, utilities, miscellaneous items, freight and delivery and all necessary valid licenses and permit for the work summarized as follows:

The work consists of the replacement of windows and doors.

See Section J - Attachments

Project Location Curlew Job Corps Center; 3 Campus Street; Curlew, WA 99118

Price Range Disclosure of the magnitude of contract action per FAR 36.204: Base bid is between $25,000-$100,000

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

SECTION E - INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/

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

SECTION F - DELIVERIES OR PERFORMANCE

1. FAR 52.242-14 Suspension of Work (APR 1984)

a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

2. 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 (mobilization and submittals) ready for use not later than 90 days from the Notice to Proceed. The time stated for completion shall include final cleanup of the premise.

SECTION G - CONTRACT ADMINISTRATION DATA

1. AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful quoter is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at via teleconference.

2. Measurement and Payment Payment will only be made for those items listed on the Bid Schedule.

3. Invoicing Requirements

(a) The contract must submit a proper invoice as listed in FAR 52.232-27. Additionally, an example of a proper invoice will be provided in the award package.

(b) It is the sole responsibility of the Contractor to submit a proper and timely invoice. Improper invoices will be returned to the Contractor for correction and resubmission. The invoice should mirror the Schedule of Items.

(c) The Contractor shall submit a copy of the invoice to the Contracting Officer Representative (COR) and the Contracting Officer.

4. Contract Administration

(a) This contract will be administered by the Contracting Officer located at:

USDA Forest Service, WO – AQM Job Corp Support Attention: Kelly Fortney 3041 Cornwallis Road

RTP, NC 27709

(b) The Role of Government Personnel and Responsibility for Contract Administration

i.Contracting Officer (CO): The CO has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.
ii.Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to; determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract.

In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

(c) Contractor’s Designated Representative: It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

(d) Order of Precedence—Construction: Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

i. The Schedule (excluding the specifications)

ii. Representations and Other Instructions

iii. Contract Clauses

iv. Other Documents, Exhibits, and Attachments

v. The Specifications

vi. Drawings

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

1. 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):

https://www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7Central Contractor RegistrationFEB 2012
52.204-9Personal Identity Verification of Contractor PersonnelJAN 2011
52.211-12Liquidated Damages – ConstructionSEPT 2000
…$200.00 for each calendar day…
52.214-3Amendments to Invitation to BidsDEC 1989
52.214-4False Statements in BidsAPR 1984
52.214-5Submission of BidsMAR 1997
52.214-6Explanation to Prospective BiddersAPR 1984
52.214-7List Submissions, Modifications, and Withdrawals of BidsNOV 1999
52.214-18Preparing for Bids – ConstructionAPR 1984
52.214-19Contract Award – Sealed Bidding – ConstructionAUG 1996
52.214-29Order of Precedence – Sealed BiddingJAN 1986
52.219-28Post-Award Small Business Program Rerepresentation.APR 2012
52.222-3Convict LaborJUN 2003
52.222-6Davis-Bacon ActJUL 2005
52.222-7Withholding of FundsFEB 1988
52.222-8Payrolls and Basic RecordsJUN 2010
52.222-9Apprentices and TraineesJUL 2005
52.222-10Compliance with Copeland Act RequirementsFEB 1988
52.222-11Subcontracts (Labor Standards)JUL 2005
52.222-12Contract Termination - DebarmentFEB 1988
52.222-13Compliance with Davis-Bacon and Related Act RegulationsFEB 1988
52.222-14Disputes Concerning Labor StandardsFEB 1988
52.222-15Certification of EligibilityFEB 1988
52.222-21Prohibition of Segregated FacilitiesFEB 1999
52.222-26Equal OpportunityMAR 2007
52.222-27Affirmative Action Compliance Requirements for ConstructionFEB 1999
52.222-36Affirmative Action for Workers with DisabilitiesOCT 2010
52.222-50Combating Trafficking in PersonsFEB 2009
52.223-2Affirmative Procurement of Biobased Products under
Service and Construction ContractsDEC 2007
52.223-3Hazardous Material and Material Safety DataJAN 1997
Alternate IJUL 1995
52.223-5Pollution Prevention and Right-to-Know InformationMAY 2011
52.223-18Encouraging Contractor Policies to Ban Text Messaging
While DrivingAUG 2011
52.225-13Restrictions on Certain Foreign PurchasesJUN 2008
52.227-4Patent Indemnity -- Construction ContractsDEC 2007
52.232-5Payments under Fixed-Price Construction ContractsSEP 2002
52.232-17InterestOCT 2010
52.232-24Prohibition of Assignment of ClaimsJAN 1986
52.232-27Prompt Payment for Construction ContractsOCT 2008
52.233-1DisputesJUL 2002
52.233-3Protest After AwardAUG 1996
52.233-4Applicable Law for Breach of Contract ClaimOCT 2004
52.236-5Material and WorkmanshipAPR 1984
52.236-7Permits and ResponsibilitiesNOV 1991
52.236-17Layout of WorkAPR 1984
52.243-5Changes and Changed ConditionsAPR 1984
52.244-6Subcontracts for Commercial ItemsDEC 2010
52.246-21Warranty of ConstructionMAR 1994
52.249-1Termination for Convenience of the Government (Short Form)APR 1984
52.249-10Default (Fixed-Price Construction)APR 1984
52.253-1Computer Generated FormsJAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.236-73Archeological or Historic SitesFEB 1988
AGAR 452.236-76Samples and CertificatesFEB 1988
AGAR 452.236-77Emergency ResponseNOV 1996

2. FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(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 the construction material or components listed by the Government as follows: None

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description
Unit of measure
Quantity
Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[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).

3. FAR 52.236-26 – Preconstruction Conference (FEB 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

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

SECTION J - LIST OF ATTACHMENTS

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

Title
Pages

1. Drawings, Statement of Work, Specifications

2. DOL Wage Determination
5
3. Experience Questionnaire
2

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

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

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752 Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com

2. AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

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

Contract line item(s):All
--NAICS Code238210
--Size Standard$14 million

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.

3. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $14 million.

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

(b) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(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.

(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.

(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.

(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 Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.

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

X(i) 52.219-22, Small Disadvantaged Business Status.
X(A) Basic.
__(B) Alternate I.
__(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.
__(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__(vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

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

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

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

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1. FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

FAR 52.214-34Submission of Offers in the English LanguageAPR 1991
FAR 52.214-35Submission of Offers in U.S. CurrencyAPR 1991

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

AGAR 452.204-70 Inquiries FEB 1988

2. FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed price contract resulting from this solicitation.

3.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 Contracting Officer.

(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.

4. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable if contract exceeds $10,000)

(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: 2.7% Goals for female participation for each trade: 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 actions 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;

(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) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Nampa, Indiana.

5. FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (FEB 2009)

(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 Act--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 Act 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 Act 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 Act, 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.

6. Site visits: Site visits may be arranged by contacting the following during normal duty hours within seven (7) days of issuance of this invitation for bid: Susan Thiele 509-7790540 – Curlew Job Corps Center

SECTION M - EVALUATION FACTORS FOR AWARD

The Government intends to award this contract based on the requirements of FAR Part 13 – Simplified Acquisition Procedures

Award will be made to the contractor who provides the government with the best value based on price and past performance.

ATTACHMENT 1

Drawings, Statement of Work, Specifications

See attached statement of work; floor plan; site plan

ATTACHMENT 2

Department of Labor – Davis Bacon Wage Determination

General Decision Number: NC130061 01/04/2013 NC61

Superseded General Decision Number: NC20120061

State: North Carolina

Construction Type: Building

Counties: Ashe, Clay, Graham, Macon, McDowell, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Wilkes and Yancey Counties in North Carolina.

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

Modification Number Publication Date 0 01/04/2013

* PLUM0421-004 07/01/2012

Rates Fringes

PIPEFITTER (Excluding HVAC System Installation).............$ 24.40 9.35

* SUNC2011-042 08/26/2011

Rates Fringes

BRICKLAYER.......................$ 18.45 4.18

CARPENTER (Drywall Hanging Only)............................$ 17.59 2.31

CARPENTER (Form Work Only).......$ 14.28 1.13

CARPENTER, Excludes Drywall Hanging, and Form Work...........$ 15.60 2.25

CEMENT MASON/CONCRETE FINISHER...$ 14.02 0.00

ELECTRICIAN......................$ 15.37 0.40

HVAC MECHANIC (Installation of HVAC Unit Only, Excludes Installation of HVAC Pipe and Duct)............................$ 16.94 3.04

IRONWORKER, STRUCTURAL...........$ 18.75 5.62

LABORER: Common or General......$ 11.07 1.10

LABORER: Landscape & Irrigation.......................$ 10.29 1.82

LABORER: Mason Tender-Brick/Cement/Concrete.....$ 10.00 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 18.60 1.41

OPERATOR: Crane.................$ 19.25 2.37

OPERATOR: Grader/Blade..........$ 15.25 1.52

PAINTER: Brush, Roller and Spray............................$ 14.77 1.87

PLUMBER, Excludes HVAC System Installation.....................$ 17.51 2.33

ROOFER...........................$ 13.55 0.80

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 15.62 2.09

SHEET METAL WORKER, Excludes HVAC Duct and System Installation.....................$ 13.61 1.10

TRUCK DRIVER: Dump Truck........$ 12.50 1.36

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

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award 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 union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows 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.

The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example.

Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates.

0000/9999: weighted union wage rates will be published annually each January.

Non-Union Identifiers

Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change until a new survey is conducted.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

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

Washington, DC 20210

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

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

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

ATTACHMENT 3

Offeror Questionnaire

THE OFFEROR SHALL PROVIDE THE FOLLOWING INFORMATION WITH QUOTE

(Attach additional pages if necessary):

QUESTIONNAIRE

a. How many years do you, or your firm, have in the line of work contemplated by this solicitation?

b. Do you currently have any other contractual commitments which would in any way conflict with the work contemplated by this solicitation?________(if yes, explain)

c. Have you had any previous contracts with the Job Corps or any other U.S. Government agency?_______(if yes, list those most recent including contact person and phone number.

d. Within the past 5 years have you failed to complete any work awarded to you?_______(if yes, explain)

e. Have you had a contract(s) terminated for default or breach of contract within the past 5 years?_______(if yes, explain)

f. Do you have employees on your payroll regularly? _______If so, what is your average number of employees on the payroll? __________

g. Are you currently registered at http://www.sam.gov?__________ SAM registration valid until______________. Please provide a copy of Active status in SAM. (Active registration is required for award)

h. Have you completed and/or updated your electronic representations and certifications on the ORCA database located at http://www.sam.gov? Yes ______Date ___________No_________

i. Have you attended a pre-bid tour? _______Date?_________

j. Contractor Federal Tax ID Number_____________________________

k. Contractor DUNS Number___________________________________

CERTIFICATION

I certify that all of the statements made by me are complete, true, and correct to the best of my knowledge.

(Signature) (Date)

File details come from the government source that posted it. Updated .