solicitation_-_Copy.pdf
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- Fire Alarm Detection Work Federal contract opportunity
- Solicitation number
- AG-82A7-S-17-0023
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Amended Terms and Conditions
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| AG-82A7-S-17-0023-1.pdf | ||
| MingoJCC_Educ_FireDetect_Specs_Dwgs.pdf | ||
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AUTHORIZED FOR LOCAL REPRODUCTION
PART I - THE SCHEDULE
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
Miscellaneous Building Fire Protection & Detection Work
Mingo Job Corps Center
Puxico, MO
Item Method of
No. Description Measurement Total
BASE ITEMS
BI 1 Fire Detection Work Bldg 536 (Education Bldg) Lump Sum $_______
TOTAL Base Items $________
Lump Sum Quantities: These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.
This acquisition is being conducted under the Simplified Acquisition Procedures under FAR Part 13.
FAR 36.204 Disclosure of the magnitude of construction projects
The Government’s estimate is:
Between $25,000.00 and $100,000.00 for base item
Fire Alarm Replacement Bldg. 280, Mingo Job corps CCC
Solicitation No. AG-82A7-S-17-0023 Page 2 of 33
SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK
C.1 INTRODUCTION
Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The Economic
Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.
C.2 BACKGROUND
Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the
Armed Forces.
The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job Corps operator be evaluated in part on the basis of these performance measures.
The U.S. Department of Agriculture Forest Service operates 26 Job Corps Center nationally, through an interagency agreement with the Department of Labor.
C.3 PURPOSE
The Mingo Job Corps Center has identified the need to replace the Fire Alarm System in the Education Building (280), located in Puxico, MO. Selected contractor shall furnish all labor, materials, equipment, and supervision necessary to perform the identified removal of existing Fire Alarm System and replace with a new system. The vendor shall utilize the existing conduit and wiring to the extent possible by code. Selected contractor shall perform startup and operational checks.
C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION
All work shall be performed at:
Mingo Job Corps Center
4253 State Highway T
Puxico, MO 63930
Normal operational hours are from 07:30 am to 4:00 PM Mountain Time, Monday through Friday. The maximum work week that will be approved is 40 hours.
No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Federal Holidays, or Government directed facility closings.
C.5 TASKS -
C.5.1 Base Item 1
Replace existing conventional fire alarm control panel with a new conventional panel.
Replace 4 existing duct smoke detectors and 2 audio visual devices.
Solicitation No. AG-82A7-S-17-0023 Page 3 of 33
Connect new panel to all new and existing devices.
ALL ITEMS TO BE COMPLETED IN COMPLIANCE WITH ATTACHED SPECIFICATIONS
The Contractor shall furnish all the necessary supervision, management, personnel, materials, equipment, labor, all necessary permits and valid licenses, utilities, freight and delivery and incidentals for the work stated in the Statement of
Work, Special Project Specifications, and Drawings incorporated herein and/or attached in Section J.
C.6 CONTRACTOR AND PRODUCT MINIMUM REQUIREMENTS
The contractor is responsible for adherence to all Occupational Safety and Health Administration (OSHA)
Regulation, specifically 29 CFR 1910 - General Industry and 29 CFR 1926 – Construction.
Contractor shall be responsible for obtaining all required permits and scheduleing all appliciable inspections. All inspections must be signed off and completed prior to receipt of final payment.
All trash and debris removal must be in accordance with local, state and federal regulations
All materials and equipment are to be installed per manufacturers installation guidance.
Contractor must have adequate libiabilty insurance and proper license to perform all work stated herein.
C.7 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J and above are hereby made part of this solicitation and any resultant contract.
The Special Project Specifications stated above in C.6 are included as separate attachments and are applicable to this contract. All specifications not included in the specification listing, but referenced by listed specifications, are applicable.
The Specifications shown on the specification list are physically attached to this contract.
C.8 BIOBASED AND SUSTAINABLE PRODUCTS
The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7
U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition
Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through
Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.
All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.
The following is a list of categories for biopreferred products that a r e required for performance of this service contract.
Multipurpose Lubricants – 88% minimum Biobased Content
Solicitation No. AG-82A7-S-17-0023 Page 4 of 33
Plastic Insulating Foam for Residential and Commercial Construction – 7% minimum Biobased Content
Pneumatic Equipment Lubricants – 67% Minimum Biobased Content
For more information regarding the Department of Agriculture Biobased Program go to: http://www.biopreferred.gov.
C.09 LANDSCAPE PRESERVATION
The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.
C.10 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is compliance with reasonable and customary manufacturing and construction tolerance.
A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
C. Government inspections and tests are for the sole benefit of the Government and do not--
1. Relieve the Contractor of responsibility for providing adequate quality control measures;
2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
3. Constitute or imply acceptance; or
4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.
D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.
The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.
The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
http://www.biopreferred.gov./
Solicitation No. AG-82A7-S-17-0023 Page 5 of 33
H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
C.11 WARNING SIGNS AND RESTRICTIONS
Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.
C.12 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES
C.12.1 Legal Relations and Responsibilities
Contractor's Responsibility for Utilities: In the event of interruption to utility services because of accidental breakage the Contractor shall promptly notify the utility authority and shall cooperate with that authority in the restoration of service.
C.12.2 Use of Premises
The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of
Government business.
C.12.3 Prosecution of Work
A. The following special controls will affect the Contractor’s prosecution of work: Students will be on site. Meals may be purchased for $3.00 per meal at certain times during the day.
B. The Contractor may encounter other contractors performing work on projects in the area.
C. Utilities made available by the Government for use by the Contractor are: Sanitation, Potable water, and 110v.
C.12.4 Disposal of Material
Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or County approved site off of National Forest Service Land.
C.13 AGENCY CONTACTS
Contracting Officer (CO)
Jennifer McCord – jennifermmcord@fs.fed.us or 303-275-5393
Contract Specialist (CS) mailto:jennifermmcord@fs.fed.us
Solicitation No. AG-82A7-S-17-0023 Page 6 of 33
Jennifer McCord – jennifermccord@fs.fed.us or 303-275-5393
Point-of-Contact (POC)
Wendell Clinton – wendellclinton@fs.fed.us or 573-222-2626
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
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):
mailto:jennifermccord@fs.fed.us mailto:wendellclinton@fs.fed.us
Solicitation No. AG-82A7-S-17-0023 Page 7 of 33 http://farsite.hill.af.mil/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)
Solicitation No. AG-82A7-S-17-0023 Page 8 of 33
SECTION F--DELIVERIES OR PERFORMANCE
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):
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 ten (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 sixty (60) days after Notice to Proceed date. The time stated for completion shall include final cleanup of the premises.
AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)
Within ten (10) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.
The maximum workweek that will be approved is 40 hours.
F.1 NOTICE TO PROCEED
A Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice.
Contract time shall commence on the day indicated on the Notice to Proceed.
F.2 REQUIRED SUBMITTALS
The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.
Submittal Title Referenced By
Specification No.
Submittal Date
Schedule of Work Section F – AGAR
452.236-75
Prior to Work Starting
Notification of Subcontracting Section G.5 Prior to Subcontractor Starting Work
Job Specific Safety Plan Section H.1 Prior to Work Starting
Copy of Required Insurance Coverage Section H.5 Prior to Work Starting
Submittals Refer to Submittals Within 10 days after award
Solicitation No. AG-82A7-S-17-0023 Page 9 of 33
Daily Dairies Section 01430 –
Contractor Quality
Control
Weekly, as work progresses
Payroll Documentation FAR 52.222-8 Submitted with each invoice
Closeout Submittals and Warranty
Information
Refer to Submitalls
– all special project specifications
Prior to submitng final invoice – invoice will be rejected of documentation is not received
Release of Claims Section I Prior to Final Payment
Solicitation No. AG-82A7-S-17-0023 Page 10 of 33
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at Anaconda Job Corps Center, and be chaired by the Contracting Officer via tele-conference.
G.2 GOVERNMENT FURNISHED PROPERTY
The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the
“Government Property” FAR clause contained elsewhere in the contract.
Item No. Property Description Qty Location Date Available or
Delivery Date
N/A
G.3 DEFINITIONS
Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:
Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.
Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in
Section I of this contract, requiring work to be performed, within the general scope of the contract.
Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special
Project Specifications.
Contract Pay Item - A pay item designated on the bid schedule and described by a specification.
Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.
Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives are defined below in this Section or in a letter of designation issued by the Contracting Officer.
Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.
Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plants, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.
Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.
Solicitation No. AG-82A7-S-17-0023 Page 11 of 33
Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor’s employees and employment practices.
Materials - Any substances for use in the construction of the project and its appurtenances.
Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.
Right of Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.
Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.
Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.
Specifications - A general term applied to all written directions and requirements pertaining to performance of work.
Standard Specifications - Specifications established for Region wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.
Utility Services - Are services such as electricity, gas, steam, water and sewage.
Work Order - An order written by the Contracting Officer or Contracting Officer’s Representative, which directs the
Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.
G.4 DESIGNATION OF CONTRACTING OFFICERS REPRESENTATIVE (COR)
A. The Contracting Officer will designate an individual as Contracting Officer's Representative (COR) at time of award.
The name will be designated on a letter or form.
B. The Contracting Officer’s Representative is responsible for administering the performance of work under 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 a proper contractual documents executed by the Contracting Officer prior to completion of the contract.
C. 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. (This does not apply to individual assignments which were issued by the Contracting Officer’s
Representative provided they do not affect the delivery schedule or performance period stated in the contract.)
D. 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 Contracting Officer’s Representative requests effort outside the scope of the contract, the Contractor should so advise the Contracting Officer’s Representative. If the Contracting Officer’s
Representative 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.
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E. The Contracting Officer’s Representative's major duties and responsibilities are contained in the Forest Service
Handbook of Contract Administration. The Contracting Officer’s Representative is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:
1. Approve Change Orders and Modifications
2. Take action to terminate the contract for default or Government convenience.
3. Make contract adjustments under the Differing Site Conditions clause.
4. Grant extensions of contract time.
5. Approve assignment of claims.
6. Make final decisions under the Disputes clause.
7. Make final acceptance under the contract.
8. Make final decisions under the Suspension of Work clause.
9. Make equitable adjustments.
10. Authorize change in amount of Payment Retention.
11. Approve subcontractors.
12. Approve payments with deductions or final payment.
13. Approve use and possession prior to completion.
14. Enforce the warranty provisions.
15. Issue any direction that would result in a possible change to contract requirements.
G.5 NOTIFICATION OF SUBCONTRACTING
The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:
A. The name, address and telephone number of the subcontractor.
B. The date upon which the subcontract was entered into and its duration.
C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.
D. Documentation of the subcontractor's representative authority.
Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract.
Any subcontract agreement shall contain all terms and conditions of the prime contract.
Solicitation No. AG-82A7-S-17-0023 Page 13 of 33
SECTION H -- SPECIAL CONTRACT REQUIREMENTS
H.1 JOB SPECIFIC SAFETY PLAN
Prior to the pre-work meeting, the Contractor shall provide a written job specific safety plan that recognizes the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: heavy equipment operation, traffic control on haul routes, loading and unloading of materials, site security, noises and dust contract and the use of personal protective equipment (PPE) in the work area. The plan shall be in accordance with OSHA
Regulations. The plan shall include all tasks and related activities anticipated to successfully complete the work.
H.2 FSAR 4G52.222-704 Personal Protective Equipment (FEB 2007)
1. The Contractor will train in the safe operation and use of equipment to all workers using such equipment.
2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.
3. Defective or damaged personal protective equipment shall not be used.
4. The Contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.
5. The Contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.
6. The Contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.
7. The Contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., chain saw operation.
H.3 REPORTING ALLEGED CHILD ABUSE
Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:
Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical, verbal, and/or emotional abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer
(CO) and the Contracting Officer’s Representation (COR) within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.
When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The
Government will not incur additional costs by the Contractor who must provide a replacement employee.
The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.
Solicitation No. AG-82A7-S-17-0023 Page 14 of 33
Any arrest or conviction of a sex crime, an offense involving a child victim or drug felony, assault felony, or any other violence related crimes will be grounds for denying employment or for dismissal of an employee in any position. Any
Arrest or Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well-being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the CO and agency involved.
H.4 AGAR 452.228-71 Insurance Coverage
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and
State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the
Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and
$500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least
$200,000 multiplied by the number of seats or passengers, whichever is greater.
H.5 INVOICING INSTRUCTIONS
A. Invoices. In addition to the clause language in FAR 52.212-4, the following direction is provided:
1) Invoices shall be submitted on a one (1) time basis;
2) Invoices shall include only those products provided during the billing period;
3) Invoices shall bill by Line Items as listed in the Schedule of Items
B. Effective February 24, 2014 all invoices are required to be submitted through the Department of
Treasury’s Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and
Treasury. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
Solicitation No. AG-82A7-S-17-0023 Page 15 of 33
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
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):
AGAR
452.204-71 Personal Identity Verification of Contractor Personnel OCT 2007
452.224-70 Confidentiality of Information FEB 1988
452.236-73 Archeological or Historic Sites FEB 1988
452.236-76 Samples and Certificates FEB 1988
452.236-77 Emergency Response NOV 1996
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Teir Subcontract Awards OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors
Debarred, Susupended, or Proposed for Debarment OCT 2015
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015
52.211-6 Brand Name or Equal AUG 1999
52.213-4 Contract Terms and Conditions – Simplified Acquisitions
(Other than Commercial Items) JUN 2016
52.219-6 Notice of Total Small Business Set-Aside NOV 2011
52.219-14 Limitations on Subcontracting NOV 2011
52.219-28 Post Award Small Business Program Representation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination – Debarment MAY 2014
52.222-13 Compliance with Construction Wage Rate Requirements 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
52.222-35 Equal Opportunity for Veterans OCT 2015
Solicitation No. AG-82A7-S-17-0023 Page 16 of 33
52.222-36 Equal Opportunity for Workers with Diasabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.223-2 Affirmation Procurement of Biobased Products Under Service and
Construction Contracts SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace (Applicable if contract is awarded to an individual) MAY 2001
52.223-11 Ozone Depleting Substances MAY 2001
52.223-15 Energy Efficiency in Equipment-Consuming Products DEC 2007
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011
52.225-9 Buy American Act-Construction Materials MAY 2014
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
52.228-5 Insurance – Work on a Government Installation JAN 1997
52.229-2 North Carolina and Local Sales and Use Tax APR 1984
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 JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
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
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, And Improvements APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention – Alternate I NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
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
52.243-5 Changes and Changed Conditions APR 1984
52.246-21 Warranty of Construction MAR 1994
Alternate I APR 1984
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
AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)
(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or
Solicitation No. AG-82A7-S-17-0023 Page 17 of 33 other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.
(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (Feb
2012) Alternate I (Feb 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies.
Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States
Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the specifications)
(2) Special Project Specifications
(3) Drawings, Photographs, etc.
(4) Scope of Work
(5) Other Documents, exhibits, and attachments
(6) Contract Clauses and Provisions
FAR 52.216-1 Type of Contract (APR 1984)
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The Government contemplates award of a firm fixed price contract resulting from this Request for Quote (RFQ).
FAR 52.228-13 -- Alternative Payment Protections (Jul 2000) (Required if contract value exceeds $35,000.00)
(a) The Contractor shall submit one of the following payment protections:
1. Payment Bond
2. Irrevocable Letter of Credit
3. Certificates of Deposit
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within ten (10) days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(End of Clause)
Solicitation No. AG-82A7-S-17-0023 Page 19 of 33
I.1 WAGE DETERMINATION DECISION
The general wage determination applicable to this contract is attached in Section J: DAVIS-BACON WAGE
DETERMINATION – General Decision Number MO160001, 09/30/2016 –MO1
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
List of Attached Documents, Exhibits and Other Attachments
The following attachments are made a part of this solicitation and any resultant contract.
Title Pages
1. Special Project Specifications
Maps 5
Section 010150 General Requirements 17
Section 283000 Fire Detection Materials and Methods 9
2. Davis-Bacon Wage Determinations – General Decision MO1 32
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SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
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):
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS
52.204-6 Data Universal Numbering System Number JUL 2013
52.204-7 System for Award Management JUL 2013
52.204-16 Commercial and Government Entity Code Reporting JUL 2015
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation NOV 2015
52.217-5 Evaluation of Options JUL 1990
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity for Construction FEB 1999
52.222-38 Compliance with Veterans’ Employment Reporting Requirements SEP 2010
52.223-11 Ozone Depleting Substances MAY 2001
52.223-12 Refridgeration Equipment and Air Conditioners MAY 1995
52.225-10 Notice of Buy American Act Requirement – Construction Materials MAY 2014
52.232-13 Notice of Progress Payments APR 1984
52.233-2 Service of Protest SEP 2006
AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony
Conviction (FEB 2012) Alternate 1 (FEB 2012)
(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that –
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the
District of Columbia, or the various territories of the United States including American Samoa, Federated States of
Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall
Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
Solicitation No. AG-82A7-S-17-0023 Page 22 of 33
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
FAR 52.204-8 Annual Representations and Certifications (Dec 2014)
(a) (1) The North American Industry classification System (NAICS) code for this acquisition is: 561621
(2) The small business size standard is: $15.0
(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.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(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.
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(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…
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