AG-82B1-S-10-0362.pdf
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AG-82B1-S-10-0362
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INTERMOUNTAIN ECONOMIC RECOVERY OPERATION CENTER
INSTRUCTIONS
ISSUING OFFICE:
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
INTERMOUNTAIN EROC
740 SIMMS STREET
GOLDEN, CO 80401
FAX (303) 275-5299
SOLICITATION NO.: IFB AG-82B1-S-10-0362
BIDS ARE SOLICITED FOR: JORDAN CREAK BRIDGE CONSTRUCTION
IMPORTANT – NOTICE TO BIDDER:
AT A MINIMUM, BIDDER SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH AS THEIR RESPONSE TO
THIS SOLICITATION:
1. SF-1442 Solicitation (Complete, date, and sign)
2. Section B – Schedule of Items. (Complete Unit Price and Amount)
3. Section K – Representations and Certifications. (Complete the Representations and Cer tifications electronically via the Online Representations and Cer tifications Application (ORCA) website at http://orca.bpn.gov)
4. Bid Guarantee
5. Amendments (If Applicable)
IT IS REQUIRED
Mail to: Intermountain EROC
THAT YOU WRITE THE SOLICITATION/BID NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.
Attn: Jill Charpia 740 Simms Street Golden, CO 80401 Or Email documents to: jacharpia@fs.fed.us
You must place the following in the subject line: AG-82B1-S-10-0362, Jordan Creek Br idge Construction, (company name) Bid, DO NOT OPEN UNTIL 26 MAY 2010 @ 2PM.
Scanned copies of a bid bond are acceptable if emailing your bid. Scanned copies of checks or personal checks will not be accepted.
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR
REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE I-2 – FAR 52.204-7
CENTRAL CONTRACTOR REGISTRATION
FOR DETAILS ON HOW TO APPLY.
ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED. IT IS THE BIDDERS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE
SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.
mailto:jacharpia@fs.fed.us�
TABLE OF CONTENTS
PART I – THE SCHEDULE
• SECTION B – Supplies or Services and Prices/Costs
• SECTION C – Descriptions/Specifications/Statement of Work
• SECTION E – Inspection and Acceptance
• SECTION F – Description and Performance
• SECTION G – Contract Administration Data
• SECTION H – Special Contract Requirements
PART II – CONTRACT CLAUSES
• SECTION I – Contract Clauses
PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS
• SECTION J – Exhibits, Attachments, and Appendices
PART IV – REPRESENTATIONS AND INSTRUCTIONS
• SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents
• SECTION L – Solicitation Provisions
• SECTION M – Evaluation Factors for Award
OMB APPROVAL NO. 2700-0042
NSN 7540-01-155-3212 1442-101 STANDARD FORM
1442 (REV. 4-85)
Computer Generated Prescribed by GSA
FAR (48 CFR)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
AG-82B1-S-10-0362
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED
05/06/2010
PAGE OF PAGES
1 36
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
369730
6. PROJECT NO.
CIM-104-18
7. ISSUED BY CODE 8. ADDRESS OFFER TO
USDA, Forest Service Intermountain EROC 740 Simms Street Golden, CO 80401
USDA, Forest Service Attn: Jill Charpia Intermountain EROC 740 Simms Street
Golden, CO 80401
9. FOR INFORMATION
CALL:
A. NAME
Jill Charpia
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
(303) 275-5787
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
TAS::12 1102::TAS 2010 RECOVERY FUNDS Jordan Creek Bridge Rehab: The intent of the contract is to rehabilitate an existing steel pony truss bridge over the Coeurd' Alene River near Jordan Creek on the Idaho Panhandle National Forests.
11. The Contractor shall begin performance within 10 calendar days and complete it within 120 award, notice to proceed. This performance period is mandatory, negotiable. (See calendar days after receiving Section F clause 52.211-10)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12B.)
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. MST (hour) local time 05/26/10
B. An offer guarantee is, is not required. (If “is required” see clause 52.228-1)
(date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
53.236-1(e) Computer Generated STANDARD FORM
1442 BACK (REV. 4-85)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
Duns No. _________ TIN No._________________
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
Intermountain EROC 740 Simms Street Golden, CO 80401
USDA, National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.
The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN (Type or print)
31A. NAME OF CONTRACTING OFFICER (Type or print)
30B. SIGNATURE
30C. DATE
31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
Section B--Supplies or Services and Prices/Costs Schedule of Items
PART I – THE SCHEDULE
ITEM
NO.
DESCRIPTION METHOD
OF MEAS.
PAY
UNIT
EST.
QTY.
UNIT
PRICE
TOTAL
PRICE
15101A Mobilization
LSQ LS 1 $______ $_________
15713 Soil Erosion and Pollution Control LSQ LS 1 $______ $_________
20806 Structural Excavation
LSQ LS 1 $______ $_________
25302
Gabion, Galvanized or Aluminized Coated
DQ CY 10 $______ $_________
30809 Crushed Aggregate, Surfacing (Commercial Source)
DQ CY 40 $______ $_________
55203 Structural Concrete, Class A(AE) LSQ LS 1 $______ $_________
55401 Reinforcing Steel
DQ LBS 1800 $______ $_________
55404A Dowel, Column
AQ EA 201 $______ $_________
55404B Dowel, Abutment
AQ EA 18 $______ $_________
55601
Treated Timber Bridge Railing (Approach Spans)
DQ LF 82.33 $______ $_________
55703A
Treated Structural Timber & Lumber, Sills & End Bumpers
DQ MBF 0.48 $______ $_________
55703B
Lumber, Running Plank
DQ MBF 4.06 $______ $_________
55705A
Treated Structural Timber, Glued Laminated, Curb
DQ MBF 1.30 $______ $_________
56101
Concrete Surface Treatment, Piers
DQ
SF
62201A Hydraulic Excavator with Thumb AQ HR 8 $______ $_________
62201B Large Dump Truck
AQ HR 8 $______ $_________
62528
Seeding, Dry Method LSQ LS 1 $______ $_________
63305 Wood Posts
AQ LF 36 $______ $_________
63306 Object Markers AQ EA 4 $______ $_________
Optional Bid Items
*Designated Method of Measurement: DQ – Designed Quantities; AQ – Actual Quantities;
LSQ – Lump Sum Quantities
One contract award will be made for the base bid or base bid plus optional bid item under this contract solicitation.
NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-03 unless otherwise noted.
ITEM
NO.
DESCRIPTION METHOD OF
MEAS.
PAY
UNIT
EST.
QTY.
UNIT
PRICE
PRICE
15101B
Mobilization
LSQ
LS
20305
Removal of Structures and Obstructions, Nail Laminated Bridge Deck
LSQ LS 1 $______
55703C
Lumber, Floor Beam Nailers
DQ MBF 0.19 $______ $_________
55705B
Treated Structural Timber, Glued Laminated, Bridge Deck
DQ MBF 8.30 $______ $_________
TOTAL $___________
PART I - THE SCHEDULE
SECTION C - DESCRIPTION AND SPECIFICATIONS
C- 1 -
PROJECT DESCRIPTION AND LOCATION
(a) - Description of Work
The intent of the contract is to rehabilitate an existing steel pony truss bridge over the Coeur D’Alene River near Jordan Creek on the Idaho Panhandle National Forests.
This project includes removing unsound concrete, placing cast-in-place concrete, replacing treated timber bearing sills, replacing timber bridge rail and curb, replacing treated timber floor beam nailers, replacing existing nail laminated deck with a glued laminated deck, furnishing and installing treated timber running plank, gabion basket shoulder stabilization, hauling and placing aggregate surfacing, erosion and pollution control, partial stream diversion, contractor construction quality control and all other incidental items necessary to complete the project in accordance with the plans and specifications. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.
(b) - Project Location
The Jordan Creek Bridge can be reached from the Coeur d’Alene River Ranger District office in Smelterville, Idaho by traveling West on I-90 for 6 miles and taking Exit 43 (Kingston). Turn left on FH9 and travel Northeast up the North Fork of the Coeur d’Alene River for 23 miles to Prichard, Idaho. Bear left at the Pritchard “Y” and travel 6.1 miles on Forest Road 208 to the junction of Forest Roads 208 and 412. Turn right on Road 412 and travel 22.3 miles to the bridge location.
The project is located on Road 412 at Mile Post 23.4 in the Coeur D’Alene River Ranger District of the Idaho Panhandle National Forest in Section 17, T. 53 N., R. 3 E., Shoshone County, Idaho.
(c) - Price Range.
$100,000 to $250,000
(d) - Pre-Solicitation Tour. No pre-solicitation site tour is scheduled for this project. Due to winter weather, project access by vehicle is not likely from November 30th to May 1st
With limited access to the project while this contract solicitation is advertised for bidding, Contractors are encourage to utilize the drawings which include pictures of the work site.
Contractors may choose to visit sites by snowmobile or contact Larry Shepherd at the address below to review the bridge inspection file for the Jordan Creek Bridge structure. A Coeur d’Alene River Ranger District map can be requested to identify bridge location and assist with formulation of project mobilization costs by calling or e-mailing Larry Shepherd (see e-mail and phone number below). This is a project that Contractor’s should be able to submit a comprehensive price proposal based on solicitation documents without a site visit. Due to the remote location of this project, contractor will need to have a concrete supplier with a concrete mix design that includes a hydration stabilizer, such as Master Builders Delvo admixture, due to anticipated truck times for concrete delivery. If there are any work items that the Contractor believes may create risk in pricing without a site visit, please address these items and concerns prior to your price proposal.
in a typical year.
(e) - Pre-Bid Conference: A pre-bid conference is not scheduled for this project. Due to winter weather project access by vehicle is not likely from November 30th to May 1st in a typical year.
Interested bidders may obtain additional information by contacting Wilton Webb or Larry Shepherd at:
Contracting Questions:
Jill Charpia Larry Shepherd
Technical Questions:
USDA Forest Service USDA Forest Service EROC Intermountain Supervisor’s Office 740 Simms Street 3815 Schreiber Way Golden, CO 80401-4720 Coeur d’Alene, Idaho 83815 Telephone: 303-275-5787 Telephone: (208) 765-7408 e-mail: lshepherd@fs.fed.us
(f) - Start Work
. It is estimated that the notice to proceed under this contract will be issued in June of 2010 to facilitate the contract submittal process and contractor’s ordering of treated timber bridge materials if contractor chooses a 2010 construction schedule. (See Period of Performance for Jordan Creek Bridge Replacement below).
(g) - Period of Performance
Jordan Creek Bridge Rehab - 2010 Schedule - On site work is anticipated for July 1, 2010 through October 30, . See Part 1, Section F, Clause 53.211-10. All work under this contract has a completion date of October 30, 2010 or October 1, 2011. If contractor elects to start work in 2010, all work will be completed by October 30, 2010. For a 2011 construction schedule, all work will be completed by October 1, 2011 as shown below, Jordan Creek Bridge Rehab – 2011 Schedule - On site work is anticipated for July 1, 2011 through October 1, 2011.
2010.
(h) - Restrictions.
No temporary detour or work bridge will be allowed during repair of the Jordan Creek Bridge. It is the responsibility of the Contractor to schedule delivery of materials, equipment and all necessary supplies to the site to ensure that the bridge can be substantially completed without a work bridge within the specified seventy (70) consecutive day road closure period.
See Supplemental Specification Section156 (FP-03 Specifications) for road closure and traffic control signing requirements.
The only anticipated in-stream work for this project is associated with the concrete repair on base of pier number two (2). In-stream work will be allowed between July 15th and October 30th for the Jordan Creek Bridge. Approved BMP’s for sediment containment must be utilized through the entire reach of the construction site. Contractor will develop and submit an operating plan and erosion control plan 30 days prior to any in-stream work.
See Supplemental Specification Section 157 for project specific requirement for stream diversion away from the work area during in-stream work.
C- 2 - GOVERNMENT-FURNISHED PROPERTY
. None
C- 3 - STANDARD & SUPPLEMENTAL SPECIFICATIONS.
mailto:lshepherd@fs.fed.us�
STANDARD SPECIFICATIONS: " FHWA FP-03 STANDARD SPECIFICATIONS FOR
CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this Solicitation and any resultant contract.
Copies of the " FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS" are available for download at the following
URL:
http://www.wfl.fha.dot.gov/design/specs/fp03.htm.
The following “FHWA FP-03 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS” are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.
STANDARD SPECIFICATIONS
. The following Standard Specifications are applicable to this contract and are included by reference:
Section Title
Date
Preface 2003 Section 101 Terms, Format, and Definitions 2003 Section 102 Bid, Award, and Execution of Contract 2003 Section 103 Scope of Work 2003 Section 104 Control of Work 2003 Section 105 Control of Material 2003 Section 106 Acceptance of Work 2003 Section 107 Legal Relations and Responsibility To the Public 2003 Section 109 Measurement and Payment 2003 Section 151 Mobilization 2003 Section 153 Contractor Quality Control 2003 Section 154 Contractor Sampling and Testing 2003 Section 156 Public Traffic 2003 Section 157 Erosion Control 2003 Section 201 Clearing and Grubbing 2003 Section 203 Removal of Structures and Obstructions 2003 Section 204 Excavation and Embankment 2003 Section 208 Structural Excavation & Backfill for Selected Major Structures 2003 Section 253 Gabions and Revetment Mattresses 2003 Section 308 Minor Crushed Aggregate 2003 Section 552 Structural Concrete 2003 Section 554 Reinforcing Steel 2003 Section 557 Timber Structures 2003 Section 622 Rental Equipment 2003 Section 625 Turf Establishment 2003 Section 701 Cement 2003 Section 703 Aggregate 2003 Section 704 Soil 2003 Section 705 Rock 2003 Section 709 Reinforcing Steel & Wire Rope 2003 Section 711 Concrete Curing Material & Admixtures 2003 Section 712 Joint Material 2003 http://www.wfl.fha.dot.gov/design/specs/fp03.htm�
Section 713 Roadside Improvement Material 2003 Section 716 Material for Timber Structures 2003 Section 717 Structural Metal 2003 Section 718 Traffic Signing and Making Material 2003 Section 725 Miscellaneous Material 2003
SUPPLEMENTAL SPECIFICATIONS: The following Forest Service Supplemental Specifications are applicable to this contract and are physically included in this section:
Section Title Preface 1
Pages
Section 101 Terms, Format, and Definitions 4 Section 102 Bid, Award, and Execution of Contract 1 Section 103 Scope of Work 1 Section 104 Control of Work 3 Section 105 Control of Material 2 Section 106 Acceptance of Work 3 Section 107 Legal Relations and Responsibility To the Public 3 Section 108 Prosecution and Progress 1 Section 109 Measurement and Payment 2 Section 151 Mobilization 3 Section 153 Contractor Quality Control 1 Section 154 Contractor Sampling & Testing 2 Section 155 Schedules for Construction Contracts 1 Section 156 Public Traffic 3 Section 157 Erosion Control 3 Section 201 Clearing and Grubbing 1 Section 203 Removal of Structures and Obstructions 2 Section 208 Structural Excavation & Backfill for Selected Major Structures 2 Section 253 Gabions and Revetment Mattresses 1 Section 308 Minor Crushed Aggregate 1 Section 552 Structural Concrete 3 Section 554 Reinforcing Steel 1 Section 557 Timber Structures 1 Section 561 Concrete Surface Treatment 2 Section 622 Rental Equipment 2 Section 625 Turf Establishment 3 Section 703 Aggregate 1 Section 713 Roadside Improvement Materials 1 Section 717 Structural Metal 2 Section 725 Miscellaneous Material 4
C- 4 –
DRAWINGS
Description Title Sheet 1
Page No.
Summary of Quantities and General Notes 2 Bridge Repairs – General Layout 3 Bridge Repairs – Site Photos 4 Bridge Repairs – Existing Concrete Photos 5 Bridge Repairs – Shoring Information 6
Concrete Repairs – General Removal Details 7 Pier 1 Repair Details 8 Pier 2 Repair Details 9 Pier Repairs – Column Jacket Details 10 Pier Repairs – New Cap Details 11 Bent 2 Repair Details 12 Bridge Railing and Curb Replacement Details 13-14 Approach Sill and End Bumper Replacement Details 15-16 Miscellaneous Repair Details 17 Optional Bid Items Nailer Replacement Details 18 Optional Bid Items Glu-Lam Deck Details 19
Existing Concrete – Bent 2 1B Existing Concrete – Piers 2B
452.211-72 Statement of Work/Specifications. (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
(End of Clause)
452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
(End of Clause)
Section D--Packaging and Marking
(For this Solicitation there are NO clauses in the Section)
Section E--Inspection and Acceptance
52.246-12 Inspection of Construction. (APR 1996)
(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) of this section.
(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, at no increase in contract price, 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.
(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.
(End of clause)
Section F--Deliveries or Performance
52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 485days (if options are included) in the award. The time stated for completion shall include final cleanup of the premises.
52.242-14 Suspension of Work. (APR 1984)
Section G--Contract Administration Data
(For this Solicitation there are NO clauses in the Section)
Section H--Special Contract Requirements
52.204-11 American Recovery and Reinvestment Act--Reporting Requirements. (MAR 2009)
(a) Definitions. As used in this clause--
"Contract," as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.
6301, et seq. For discussion of various types of contracts, see FAR Part 16.
"First-tier subcontract" means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.
"Jobs created" means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.
"Jobs retained" means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.
"Total compensation" means the cash and noncash dollar value earned by the executive during the contractor's past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.
(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.
(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009.
Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.
(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov.
(1) The Government contract and order number, as applicable.
(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.
(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.
(4) Program or project title, if any.
(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.
(6) An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.
(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide--
(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and
(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.
(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if--
(i) In the Contractor's preceding fiscal year, the Contractor received--
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.
(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) The applicable North American Industry Classification System (NAICS) code.
(vi) Funding agency.
(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(viii) Subcontract number (the contract number assigned by the prime contractor).
(ix) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.
(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.
(xi) Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if--
(A) In the subcontractor's preceding fiscal year, the subcontractor received--
(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and
(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and
(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials. (MAR 2009)
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Domestic construction material" means--
(1) An unmanufactured construction material mined or produced in the United States; or
(2) A construction material manufactured in the United States.
"Foreign construction material" means a construction material other than a domestic construction material.
"Manufactured construction material" means any construction material that is not unmanufactured construction material.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
"Unmanufactured construction material" means raw material brought to the construction site for incorporation into the building or work that has not been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.
(b) Domestic preference. (1) This clause implements--
(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States;
and
(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.
(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.
(3) This requirement does not apply to the construction material or components listed by the Government as follows:
None
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--
(i) The cost of domestic construction material would be unreasonable.
(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;
(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.
(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American Act.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Cost Comparison
Construction material description Quantity Unit of measure Cost (dollars)*
Item 1:
Foreign construction material [ ] Domestic construction material [ ]
Item 2:
Foreign construction material [ ] Domestic construction material [ ]
(List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.)
(Include other applicable supporting information.)
(* Include all delivery costs to the construction site.)
452.236-77 Emergency Response. (NOV 1996)
(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.
(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.
(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.
Section I--Contract Clauses
52.202-1 Definitions. (JUL 2004)
52.203-3 Gratuities. (APR 1984)
52.203-5 Covenant Against Contingent Fees. (APR 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)
52.203-7 Anti-Kickback Procedures. (JUL 1995)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)
52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)
52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications);
(b) Representations and other instructions;
(c) Contract clauses;
(d) Other documents, exhibits, and attachments; and
(e) The specifications.
52.219-3 Notice of Total HUBZone Set-Aside. (JAN 1999)
(a) Definition. "HUBZone small business concern," as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.
(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.
(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for -
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.
(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.
(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Davis-Bacon Act. (JUL 2005)
52.222-7 Withholding of Funds. (FEB 1988)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (JUL 2005)
52.222-12 Contract Termination - Debarment. (FEB 1988)
52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (FEB 1988)
52.222-21 Prohibition of Segregated Facilities. (FEB 1999)
52.222-26 Equal Opportunity. (MAR 2007)
52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)
52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)
52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)
52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)
52.222-50 Combating Trafficking in Persons.
COMBATING TRAFFICKING IN PERSONS (FEB 2009)
(a) Definitions “Coercion” means—
. As used in this clause—
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
“Forced Labor” means knowingly providing or obtaining the labor or services of a person—
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
“Involuntary servitude” includes a condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
“Severe forms of trafficking in persons” means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
(b) Policy.
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not—
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractor requirements
(1) Notify its…
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