A12_Sol._T&Cs_-_Amendment_000001.pdf

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

AG-82A7-S-17-0072 – Amendment 000001

PAGE OF

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TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

PART I – The Schedule A Solicitation/Contract Form 1 B Supplies/Services and Prices 10 C Descriptions/Specifications/Statement of Work 12 D Packaging and Marking 21 E Inspection and Acceptance 22 52.246-12 Inspection of Construction 452.246-70 Inspection and Acceptance--Alternate I

F Deliveries or Performance 23 52.242-14 Suspension of Work 52.211-10 Commencement, Prosecution, and Completion of Work

G Contract Administration Data 24 H Special Contract Requirements 29 Special Clause 1: Option for Additional Services—Separately Priced Line Items Special Clause 2: Key Personnel Special Clause 3: Release of Claims Special Clause 4: Reporting Alleged Child Abuse AGAR 452.228-71 – Insurance Coverage

PART II – Contract Clauses I Contract Clauses 31

452.211-72 Statement of Work/Specifications 452.232-70 Reimbursement for Bond Premiums—Fixed-Price Construction Contracts 452.234-72 Use of Premises 452.236-76 Samples and Certificates 452.236-77 Emergency Response 52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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52.215-2 Audit and Records—Negotiation 52.215-8 Order of Precedence—Uniform Contract Format 52.215-17 Waiver of Facilities Capital Cost of Money 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.219-28 Post-Award Small Business Program Rerepresentation 52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination—Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity

52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification 52.222-55 Minimum Wages Under Executive Order 13658 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts 52.223-3 Hazardous Material Identification and Material Safety Data—Alternate I 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-6 Drug-Free Workplace 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.223-20 Aerosols 52.223-21 Foams 52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-4 Patent Indemnity—Construction Contracts 52.228-2 Additional Bond Security 52.228-5 Insurance—Work on a Government Installation 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds

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52.228-14 Irrevocable Letter of Credit 52.228-15 Performance and Payment Bonds—Construction 52.229-3 Federal, State, and Local Taxes 52.232-5 Payments under Fixed-Price Construction Contracts 52.232-17 Interest 52.232-23 Assignment of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes—Alternate I 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-5 Material and Workmanship 52.236-6 Superintendence by the Contractor 52.236-7 Permits and Responsibilities 52.236-8 Other Contracts 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion 52.236-12 Cleaning Up 52.236-13 Accident Prevention 52.236-14 Availability and Use of Utility Services 52.236-15 Schedules for Construction Contracts 52.236-21 Specifications and Drawings for Construction 52.236-26 Preconstruction Conference 52.242-13 Bankruptcy 52.243-4 Changes 52.244-6 Subcontracts for Commercial Items 52.245-1 Government Property 52.246-21 Warranty of Construction—Alternate I 52.248-3 Value Engineering—Construction 52.249-2 Termination for Convenience of the Government (Fixed-Price)—Alternate I 52.249-10 Default (Fixed-Price Construction) 52.253-1 Computer Generated Forms 452.204-71 Personal Identify Verification of Contractor Personnel 452.236-75 Maximum Workweek—Construction Schedule 52.225-9 Buy American—Construction Materials 52.252-2 Clauses Incorporated by Reference

PART III – List of Documents, Exhibits, and Other Attachments J List of Attachments 38

PART IV – Representations and Instructions K Representations, Certifications, and Other Statements of Offerors 39 452.204-70 – Inquiries 452.211-6 – Brand Name or Equal

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452.215-73 – Post Award Conference 452.219-70 – Size Standard and NAICS Code Information

52.203-11 – Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.204-7 System for Award Management 52.204-8 Annual Representations and Certifications 52.204-16 – Commercial and Government Entity Code Reporting 52.204-17 – Ownership or Control or Offeror 52.204-20 – Predecessor of Offeror 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations - Representations 52.209-5 – Certification Regarding Responsibility Matters 52.211-6 – Brand Name or Equal 52.216-1 – Type of Contract 52.219-1 – Small Business Program Representations 52.222-22 – Previous Contracts and Compliance Reports 52.223-1 – Biobased Product Certification 52.225-20 – Prohibition on Conducting Restricted Business in Sudan - Certification

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications

L Instructions, Conditions, and Notices to Offerors 51 Instructions for the Submission of Offers and Other Information

52.211-3 - Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.

52.215-1 – Instructions to Offerors - Competitive 52.215-16 – Facilities Capital Cost of Money

52.215-20 – Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Alternate IV

52.217-5 – Evaluation of Options 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

52.222-38 – Compliance with Veterans’ Employment Reporting Requirements 52.225-10 Notice of Buy American Requirement—Construction Materials 52.228-1 Bid Guarantee 52.232-13 – Notice of Progress Payments 52.233-2 Service of Protest 52.236-27 Site Visit (Construction) 52.236-28 Preparation of Proposals—Construction 52.252-1 Solicitation Provisions Incorporated by Reference

M Evaluation Factors for Award 62 Evaluation Factors for Award Special Provision 1: Evaluation of Options

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS – AMENDMENT 000001

HVAC Replacement Project Centennial Job Corps Center

Nampa, ID Canyon County, Idaho

Item Method of No. Description Measurement Total

BASE ITEM – Culinary Arts Build Out

001 Admin (Building A) – Heat Pump Lump Sum $ Replacements

002 Admin (Building A) – Make-up air Lump Sum $ Replacements

003 Dining Hall (Building B) Heat Pump Lump Sum $ Replacements

004 Dining Hall (Building B) Make-up air Lump Sum $ Replacements

005 Recreation (Building D) Heat Pump Lump Sum $ Replacements

006 Recreation (Building D) Make-up air Lump Sum $ Replacements

007 Education (Building E) Heat Pump Lump Sum $ Replacements

008 Education (Building E) Make-up Air Lump Sum $ Replacements

009 Men’s Dorm (Building CM) Heat Pump Lump Sum $ Replacements

010 Men’s Dorm (Building CM) Make-up Air Lump Sum $ Replacements

011 Women’s Dorm (Building CW) Heat Pump Lump Sum $ Replacements

012 Women’s Dorm (Building CW) Make-up Lump Sum $ Air Replacements

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013 Thermostats Lump Sum $

014 Duct Detector Verification Lump Sum $

BASE ITEMS TOTAL $

OPTIONAL/ADDITVE ITEMS – Subject to Availability of Funding

015 Dining Hall (Building B) Kitchen Hood Lump Sum $ Make-up Air Repairs

016 Dining Hall (Building B) Kitchen Hood Lump Sum $ Make-up Air Replacements

015 Building Automation System Controls Lump Sum $

OPTIONAL/ADDITIVE ITEMS TOTAL $

TOTAL ALL BASE AND OPTIONAL/ADDITIVE 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.

FAR 36.204 Disclosure of the magnitude of construction projects

The Government’s estimate is:

Between $500,000 and $1,000,000 for Base and all Optional/Additive Items

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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 Washington Office (WO) AQM- Job Corps Support Branch as a new requirement for a qualified and licensed general contractor who is capable of Heating, Ventilation and Air Conditioning (HVAC) construction related projects at the Centennial Job Corps Center. The equipment that is required is brand-name specific ClimateMaster water source heat pumps, ARES make-up air units and Siemens controls, and no substitutes will be authorized. The contractor must be able to provide all labor, materials, equipment, utilities, incidentals, freight and delivery and all necessary valid licenses and permits for the work provided within this Scope of Work (SOW) (see C.5 Tasks for specific descriptions).

Some of the work identified in the SOW are subject to the availability of funding as stated in Schedule of Items and below in Section C.5 – Tasks, and may or may not be included at time of award, or included later as optional/additive items subject to the availability of funds.

C.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

All work shall be performed at:

Centennial Job Corps Center 3201 Ridgecrest Drive Nampa, ID 83687

Normal operational hours are from 07:30 am to 4:00 PM Mountain Time, Monday through Friday. The maximum workweek that will be approved is 40 hours.

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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.

New Year’s Day – January 1st

Martin Luther King Junior’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veteran’s Day – November 11th

Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

C.5 TASKS

• Base Items o Administration/Medical Building – all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of fifteen (15) water source heat pumps and two (2) make-up air units (Line Items 001 and 002).

o Cafeteria/Dining Hall Building B - all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of nine (9) water source heat pumps and one (1) make-up air unit (Line Items 003 and 004).

o Recreation Building D - all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of thirteen (13) water source heat pumps and one (1) make-up air unit (Line Items 005 and 006).

o Education Building E - all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of eighteen (18) of the twenty (20) water source heat pumps and two (2) make-up air units (Line Items 007 and 008).

o Men’s Dormitory Building CM - all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of twenty-seven (27) of the twenty-nine

(29) water source heat pumps and two (2) make-up air units (Line Items 009 and 010).

o Women’s Dormitory Building CW - all work shall include all materials, equipment, demolition, labor, mobilization, demobilization and incidentals for the replacement of twenty-three (23) of the twenty-nine

(29) water source heat pumps and two (2) make-up air units (Line Items 011 and 012).

o Thermostats – all work shall include all materials, equipment, labor and incidentals to disconnect existing brand-name specific Siemens controllers associated with each piece of equipment replaced under this potential contract, and install thermostats and sensors (Line Item 013). WILL NOT BE AWARDED

IF OPTIONAL/ADDITIVE ITEM 017 – BUILDING AUTOMATION SYSTEM CONTROLS IS

SELECTED FOR AWARD.

o Duct Smoke Detector Verification – all work shall include all materials, equipment, labor and incidentals to verify the existence and functionality of duct smoke detectors for make-up air and rooftops

14 | 63 units in the Cafeteria/Dining Hall (Building B), Recreation (Building D), Education (Building E), Men’s Dorm (Building CM) and Women’s Dorm (Building CW) and submit findings report (Line Item 014).

• Optional/Additive Items – Subject to Availability of Funding o Dining Hall/Cafeteria Kitchen Hood Make-up Air Repairs - all work shall include all mobilization, materials, equipment, labor and incidentals to repair two (2) existing make-up air units (Line Item 015).

o Dining Hall/Cafeteria Kitchen Hood Make-up Air Replacement - all work shall include all mobilization, demolition, materials, equipment, labor and incidentals to replace two (2) existing make-up air units, with new brand-name specific make-up air units, thermostats and sensors (Line Item 016). This line item may be awarded at Government’s discretion instead off Line Item 015.

o Building Automation System Controls - all work shall include all materials, equipment, labor, mobilization, and incidentals to install building automation system controls for all pieces of equipment replaced as part of this project (both base and optional items) (Now Line Item 015). IF AWARED, BASE LINE ITEM 013 (Thermostats) WILL NOT BE AWARDED.

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.

Refer to Section C.6 Special Project Specifications for specific details and technical requirements required in performance of this contract, in addition to what is stated in this Statement of Work (SOW).

C.6 SPECIAL PROJECT SPECIFICATIONS

Special Project Specifications applicable to this contract are attached in Section J (separate documents):

Attachment 1

Section Specification 010150 General Requirements

Drawing # Title Vicinity Map Location Map Existing Site Plan First Floor Administration Building A (Floor Plan) Administration Building A (Unit Locations) Cafeteria Building B – Revised Men’s Dormitory Building CM (Floor Plan) Men’s Dormitory Building CM (Unit Locations) Women’s Dormitory Building CW (Floor Plan) Women’s Dormitory Building CW (Unit Locations) Recreation Building D (Floor Plan) Recreation Building D (Unit Locations) Education Building E (Floor Plan) Education Building E (Unit Locations)

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C.7 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 scheduling all applicable inspections.

All inspections must be signed off and completed prior to receipt of final payment. All applicable submittals required, which may include warranty, production information, operation and maintenance documentation, etc. as defined throughout various sections of Special Project Specifications must be provided to COR and CO prior to submission of final invoice. Invoice will be rejected until are required documentation is submitted.

Please refer to each Special Project Specification for required submittals.

• All trash and debris removal must be in accordance with local, state and federal regulations.

• All materials and equipment are to be installed per manufacturer’s installation guidance.

• Contractor must have adequate liability insurance and proper license to perform all work stated herein.

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.

• Asphalt and Tar Removers – 80% Minimum BioBased Content

• Greases – Multipurpose – 72% Minimum BioBased Content

• Inks – Sheetfed (Black) – 49% Minimum BioBased Content

• Inks – Sheetfed (Color) – 67% Minimum BioBased Content

• Metal Cleaners and Corrosion Removers – Other Metal Cleaners – 56% Minimum BioBased Content

• Mobile Equipment Hydraulic Fluids – 44% Minimum BioBased Content

• Multipurpose Lubricants – 88% Minimum BioBased Content

• 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.9 SAFETY

http://www.biopreferred.gov./

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During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 – Safety and Health Regulations for Construction or the US Army Corps of Engineers “Safety and Health Requirements Manual”, Sept 15 2008 (free online) whichever is more stringent.

Additional safety requirements are contained in Section H of the solicitation. Smoking will not be permitted in any building or structure. Fire precautions to prevent wildfire may be included in each Task Order or initiated when weather and site conditions pose a significant opportunity for ignition of wildfire.

C.10 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.11 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

17 | 63 in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

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

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

C.12 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.13 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES

C.13.1 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.13.2 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.13.3 Prosecution of Work

A. The following special controls will affect the Contractor’s prosecution of work: Students will be on site.

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.13.4 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

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C.14 PROJECT MANAGER

It shall be the responsibility of the contractor to provide a responsible project manager to represent the contractor in all matters pertaining to work under this contract. The project manager shall have the responsibility of overall supervision, quality control, cost estimating and be responsible for the management of all ongoing work. S/he shall be available in person, by telephone, or radio to respond to any and all problems during normal working hours.

The contractor shall provide a detailed resume of project manager for review and approval by the Contracting Officer. If during the term of this contract, the contractor changes or replaces the project manager, approval by the Contracting Officer is required.

C.15 SITE SUPERINTENDENT

It shall be the responsibility of the contractor to provide a responsible site superintendent to represent the contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent may also be designated the project manager. S/he shall be available on site in person, by telephone, or radio to respond to any and all problems during normal working hours at request of the Government.

It is expected that this individual will be available on site for at least three (3) hours per workday unless otherwise agreed to in advance. The site superintendent shall be responsible for on-site Quality Control. Site superintendent shall maintain on site a file containing the following project documents when applicable.

� Executed Contract � Contract Drawings (if applicable) � Contract Specifications � Quality Control Plan – (up to date) � As-Built Drawing – (up to date) if required � Safety Plan � Modifications

This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent. The Contracting Officer shall be invited to participate in the review.

C.16 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (applicable if total value exceeds $750,000.00 for construction related projects)

In accordance with FAR 42.1502 – Past performance evaluation shall be prepared at least annually and at the time the work under a contract or order is completed for each contract and/or order that exceeds the simplified acquisition threshold (SAT). This includes any contract and/or order that is below the SAT and is modfied, which results in the contract exceeding the SAT.

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Agriculture (USDA) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official.

The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the

CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

Contractors must register at the following websites:

CPARS: http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

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PPIRS: http://www.ppirs.gov/

Claims to the CO. This release of claims is due within fifteen (15) calendar days of final payment.

C.17 AGENCY CONTACTS

Contracting Officer (CO)

Brian N. McCabe – bmccabe@fs.fed.us or 303-275-5305 (office) or 720-202-9345 (cell)

Contracting Officers Representative (COR)

To be determined (T.B.D.)

http://www.ppirs.gov/ mailto:bmccabe@fs.fed.us

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SECTION D – PACKAGING AND MARKING

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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):

http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSES INCORPORATED BY REFERENCE: SEE CLAUSE 52.252-2 FOR MORE INFORMATION

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

FULL-TEXT CLAUSES

452.246-70 INSPECTION AND ACCEPTANCE--ALTERNATE I (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection will be performed at: Centennial Job Corps Civilian Conservation Center, Nampa, ID

(c) Acceptance will be performed at: WO Job Corps AQM Support Branch, Lakewood, CO

(End of clause) http://farsite.hill.af.mil/

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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):

http://farsite.hill.af.mil/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.242-15 Stop-Work Order (AUG 1989)

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 one hundred and twenty (120) 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. Notice to Proceed will be approved once all submittals have been approved by Government.

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SECTION G - CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror may be held. It will be scheduled and held after the date of contract award. The conference may be held at Centennial Job Corps Center or via teleconference, 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:

Asphalt and Tar Removers – Cleaning agents designed to remover asphalt or tar from equipment, roads, or other surfaces.

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.

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Greases - Multipurpose – Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for general use.

Inks – Sheetfed (black) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Black inks used on coated and uncoated paper, paperboard, some plastic, and foil to print in black on annual reports, brochures, labels, and similar materials.

Inks – Sheetfed (Color) - Inks are liquid or powdered materials that are available in several colors and that are used to create the visual image on a substrate when writing, printing, and copying. Pigmented inks (other than black inks) used on coated and uncoated paper, paperboard, some plastic, and foil to print in color on annual reports, brochures, labels, and similar materials.

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.

Metal Cleaners and Corrosion Removers – Other Metal Cleaners – Products that are designed to clean and remove grease, oil, dirt, stains, soils, and rust from metal surfaces. Products that are designed to clean and remove grease, oil, dirt, stains, and soils from metal surfaces other than stainless steel.

Mobile Equipment Hydraulic Fluids – Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes.

Multipurpose Lubricants - Products designed to provide lubrication under a variety of conditions and in a variety of industrial settings to prevent friction or rust. Greases, which are lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners, are not included in this item. In addition, task-specific lubricants, such as chain and cable lubricants and gear lubricants, are not included in this item.

Notice of Noncompliance - A written notice from the Contracting Officer’s representative or inspector which documents, for the Contractor’s attention, specific performance deficiencies.

Plastic Insulating Foam for Residential and Commercial Construction – Spray-in-place plastic foam products designed to provide a sealed thermal barrier for residential or commercial construction applications.

Pneumatic Equipment Lubricants - Lubricants designed specifically for pneumatic equipment, including air compressors, vacuum pumps, in-line lubricators, rock drills, jackhammers, etc.

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.

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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.

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.

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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.

G.6 BIOBASED REPORTING REQUIREMENTS

Pursuant to a legislative mandate in the 2008 Farm Bill, prime contractors are required to report the category of product, type of product, and dollar value of all USDA designated biobased products that were purchased in…