Addenda_to_SF1442.pdf

TABLE OF CONTENTS

Section Title

Standard Form 1442 1

Table of Contents 4

Part I – The Schedule

Section B - Schedule of Items 5

Section C - Description / Specifications 6

Section E - Inspection and Acceptance 6

Section F - Deliveries or Performance 7

Section G - Contract Administration Data 7

Part II – Contract Clauses

Section I - Contract Clauses 9

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

Section J - List of documents, Exhibits, and Other Attachments 12

PART I – THE SCHEDULE

SECTION B – SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

Weber Basin Job Corps Civilian Conservation Center

Multiple Building

Roof Repairs and Replacement

Base

Bid

Items.

Description

Quantity

Unit

Unit Price

Total Price

Building 1 – Administration

(Roof Replacement) Job Lump Sum

Building 2 – Wellness Center

(Roof Repairs)

Building 8 – Residential Living

Building 10 – Student Services

Building 11 – Dining Hall

Building 31 – Education

Building 32 – Culinary Arts

TOTAL BASE BID ITEMS

SECTION C - DESCRIPTION / SPECIFICATIONS

1. Project Scope

The following work shall be completed in accordance with the specifications and attached documents at the Weber Basin Job Corps Civilian Conservation Center. as follows:

Building 1 – Administration Building: Complete roof removal and replacement.

Building 2 – Wellness Center: Replacement and repair of missing shingles and installation of new downspouts.

Building 8 – Residential Living Office: Replacement and repair of missing shingles and installation of downspout.

Building 10 – Student Services Building: Replacement and repair of missing shingles and cap shingles.

Building 11 – Dining Hall: Complete roof removal and replacement.

Building 31 – Education Building: Complete roof removal and replacement.

Building 32 – Culinary Arts Building: Replacement and repair of missing shingles and installation of downspout.

Refer to Section J, Attachment 2 for drawings, specifications, and definitions. The period of Performance will be 120 days from the date of the notice to proceed, including mobilization and submittals.

2. Project Location

Weber Basin Job Corps Civilian Conservation Center, 7400 South Cornia Drive, Ogden, UT 84405

3. Price Range

Disclosure of the magnitude of contract action per FAR 36.204: Between $25,000 and $100,000.

4. 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

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246-12 Inspection of Construction. (AUG 1996) https://www.acquisition.gov/far/

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 120 days from the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

1. AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful bidder is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held 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 is provided in 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: Michael Vela 740 Simms Street Golden, CO 80401

(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

52.204-7 Central Contractor Registration FEB 2012 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.211-12 Liquidated Damages – Construction SEPT 2000 …$200.00 for each calendar day… 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Re-representation. APR 2012 52.222-3 Convict Labor JUN 2003 52.222-6 Davis-Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination - Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-36 Affirmative Action for Workers with Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-2 Affirmative Procurement of Bio-based Products under

Service and Construction Contracts DEC 2007 52.223-3 Hazardous Material and Material Safety Data JAN 1997

Alternate I JUL 1995 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity -- Construction Contracts DEC 2007 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-24 Prohibition of Assignment of Claims JAN 1986 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984 https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities and

Improvements APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.234-4 Changes JUN 2007 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2010 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination for Convenience of the Government (Short Form) APR 1984 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.236-73 Archeological or Historic Sites FEB 1988 AGAR 452.236-76 Samples and Certificates FEB 1988 AGAR 452.236-77 Emergency Response NOV 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 52.236-3 – Site Investigation and Conditions Affecting the Work (APR 1984)

4. 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.

5. FAR 52.236-27 – Site Visit (Construction)

Offerors or quoters are urged and expected to inspect the site where the work will be performed.

An organized site visit has been scheduled for –

June 5, 2013, at 10:00am PST

Participants will meet at – Weber Basin Job Corps Center, Administration Office.

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

The following attachments are made a part of this contract.

Title Pages

1. Specifications 35

2. Drawings 23

3. DOL DBA Wage Determination 6