Devils_Hd_AG-82BH-S-16-0038_Sect_B_to_M.pdf

Pike & San Isabel National Forests Cimarron & Comanche National Grasslands South Platt Ranger District

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Table of Contents

Page Number

Solicitation, Offer, and Award, SF 1442 (Construction) 1-3

Table of Contents 4

Section B, Schedule of Items 5

Section C, Description/Specifications/Statement of Work 7

Section D, Packaging and Marking 8

Section E, Inspection and Acceptance 9

Section F, Deliveries or Performance 10

Section G, Contract Administration Data 11

Section H, Special Contract Requirements 13

Section I, Contract Terms and Conditions 18

Section J, List of Attachments 24

Section K, Representations, Certifications, and Other 25 Statements of Offerors or Respondents

Section L, Instructions, Conditions and Notices to Bidders 36

Section M, Evaluation Factors for Award 42

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

PART I—THE SCHEDULE

Section B - SCHEDULE OF ITEMS

PROPOSED DEVILS HEAD REPEATER SHED INSTALLATION PROJECT

BASE QUOTE

Section B.1

Item Description

Method Of

Measure Unit of Issue Quantity Unit Cost Total Cost

0001 Mobilization

Lump Sum

Quantity

(LSQ)

Lump Sum

(LS)

1 $ $

Decommission and Hauling LSQ

LS 1 $ $

Deliver and Place New Building LSQ

Electrical Work and Commissioning LSQ

TOTAL $

52.236-27 Site Visit (Construction). (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

August 24, 2016, at 11:00am local time

(c) Participants will meet at—

U. S. Forest Service South Platt Ranger District

Devils Head Communications Site, Facility Number 3

(End of provision) https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113365 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113375

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Vendor Information to be completed by prospective vendor:

Company Name: __________________________________

Company Address: __________________________________

DUNS Number: __________________________________

Federal Tax Identification Number: _________________________________

Point Of Contact: __________________________________

Telephone Number: __________________________________

Cellular Telephone Number: ____________________________

E-Mail Address: __________________________________

In order to be considered responsive, all offeror’s are required to be registered and active in the System for Award Management, in accordance with Federal Acquisition Regulation (FAR) 52.204-7, titled System for Award Management (JUL 2013) and FAR 52.204-13, titled System for Award Management Maintenance (JUL 2013).

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury.

For further information the following World Wide Web Internet address is provided:

https://www.ipp.gov/index.htm

U. S. Forest Service Point Of Contact:

USDA, U. S. Forest Service Attn: David F. Siekaniec 2840 Kachina Drive Pueblo, CO 81008-1560

Telephone Number: 719.553.1433

Email Address: dsiekaniec@fs.fed.us https://www.ipp.gov/index.htm mailto:dsiekaniec@fs.fed.us

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Section C - Description/Specifications/Statement of Work

C.1 Scope of Work

The Pike & San Isabel National Forests, Cimarron & Comanche National Grasslands, South Platte Ranger District, 19316 Goddard Ranch Court, Morrison, Colorado, has a requirement for the decommissioning and hauling away existing radio shed, delivering and installing a new radio shed, and performing all non-communications electrical work necessary to make the facility operational.

Contractor shall furnish all necessary labor, supervision, materials, supplies and transportation and other incidentals for this project.

C.2 Project Location This project is located at the U.S. Forest Service, Devils Head Communications Site, Facility number 3.

PRICE RANGE

The Government’s estimate is under $25,000.

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.

Biobased 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 are required for performance of this service contract.

Minor Construction.

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

http://www.biopreferred.gov./

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Section D - Packaging and Marking

This Section Not Used

The remainder of this page is intentionally blank.

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Section E - Inspection and Acceptance

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):

Clauses that begin with 52; reference the Federal Acquisition Regulations (FAR):

https://www.acquisition.gov/far/

Clauses that begin with 452; reference the United States Department of Agriculture Acquisition Regulations (AGAR): www.usda.gov/procurement/policy/agar.html

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

452.246-70 Inspection and Acceptance (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 and acceptance will be performed at: Project Site.

(End of clause) https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

Devils Head Repeater Shed Installation Project

Section F - Deliveries or Performance

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):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

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 120 calendar days after the effective date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

http://www.arnet.gov/far/

Devils Head Repeater Shed Installation Project

Section G - Contract Administration Data

452.215-73 Post award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within ten

(10) calendar days after the date of contract award. The conference will be held at a location to be determined and will be identified upon contract award.

(End of Clause)

G.2 INVOICES & PAYMENTS

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's electronic Invoice Processing Platform (IPP); all invoices shall be submitted via IPP. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at https://www.ipp.gov/index.htm

The successful offeror must register at https://www.ipp.gov/vendors/enrollment-vendors.htm upon contract award if an IPP account has not previously been established.

G.2 FOREST SERVICE REPRESENTATIVES:

Contracting Officer (CO) will be determined at time of award and will have full warrant authority over all contract issues

A Contracting Officer Representative (COR) will be appointed for contract upon award. The COR delegated authority, responsibilities and Contact information will be defined on a delegation letter issued after Contract award.

G.3 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. Contractor shall commence work upon receipt of a properly executed

Notice to Proceed.

3. Changes. Contracting Officer is the only person authorized to approve changes in any of the requirements under Contract and notwithstanding any provisions contained elsewhere in Contract the said authority remains solely with Contracting Officer. In the event Contractor effects any such change at the direction of any person other than Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in Contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than Contracting Officer, or the authorized representative of Contracting Officer acting within the limits of his/her authority.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Devils Head Repeater Shed Installation Project

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon Contract award and a copy of the designation letters will be furnished to Contractor.

Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of Contractor. Contractor shall assign a member or employee who will act as Project Manager/Foreman during the course of Contract or during the course of this project. The official shall be responsible for affording liaison between Contract forces and Contracting offices. This designation shall be in writing and a copy furnished to Contracting Officer.

Devils Head Repeater Shed Installation Project

Section H - Special Contract Requirements

H.1 Fire Prevention and Control Plan This plan outlines the channels of responsibility for fire prevention and suppression activities and sets up an attack procedure in the event of a fire within the project area. The project area is defined as the area within the National Forest and within one-half mile of the project right-of-way, work areas, and all roads used for construction purposes.

Contractor shall, both independently and in cooperation with the US Forest Service, take all reasonable and practicable actions to prevent and suppress fires resulting from Contractor’s Operations and to suppress any forest fire in the project area. Contractor’s independent initial fire suppression action on such fires shall be immediate and shall include the use of all necessary personnel and equipment at Contractor’s disposal on site.

Requirements to Operate on “general operating days” include:

A. Tools and Equipment

1. Tools:

(a) The contractor shall furnish and maintain in a serviceable condition:

• One shovel or pulaski for each of his/her employees, to be used only for suppressing forest fires. These tools will be kept in sealed boxes and available within the immediate working areas.

• For each piece of equipment and each personal vehicle, he/she shall furnish one shovel, (Long Handle Round Point (LHRP) size 0 or larger) and one ax (two pound or larger).

• For each welder, he/she shall furnish one shovel (LHRP size 0 or larger) and one backpack pump (five-gallon capacity).

• For each gasoline powered tool (power saw, soil auger, etc.), one shovel (LHRP size 0 or larger), and one eight-ounce chemical pressurized fire extinguisher.

• Contractor shall also furnish, if applicable, any other tools called for elsewhere in the agreement.

2. Equipment: Upon request the contractor shall furnish a list of equipment used on the project.

3. Manpower: Upon request the contractor shall furnish a list of supervisory personnel and amount of total personnel available and working on the project.

B. General Provisions

1. Fire Prevention

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

(a) Spark Arrestors. All diesel or gasoline operated engines, except those machines equippedwith exhaust driven turbo chargers, and all flues used on the project and in construction camps shall be equipped with adequate, serviceable arresting devices that meet Forest Service Standard 5100-1, Spark Arrestors for Internal Combustion Engines. Information in this standard will be furnished upon request.

(b) Smoking. The contractor may permit smoking by his/her employees but only in safeplaces such as: along roads, in truck cabs, or where all inflammable material has been cleared away from an area at least three feet in diameter. During periods of high fire danger, smoking may be restricted dependent on the stage of Fire Restrictions. Under no circumstances will smoking be permitted while operating tractors or other open-type vehicles in areas not cleared to mineral soil, or while walking or working in such areas.

(c) Gas and oil will be carried only in metal safety cans.

(d) Storage and Parking Areas. Equipment service areas, parking areas, gas and oil drum storage areas, and explosive storage areas will be cleared of all inflammable material for a distance of 50 feet. Small stationary engine sites shall be cleared of all inflammable material for a distance of 15 feet. Inflammable and explosive storage areas will be labeled as such and "No Smoking" signs erected.

(e) Oil Filters, Cartridges, Oily Rags. Will be disposed of properly in trash containers and hauled to a proper waste management area. Glass jugs or bottles will not be used for gas,oil, or water.

C. Requirements imposed during Stage I Fire Restrictions and Red Flag Day warnings:

1. Smoking, except within an enclosed vehicle or building, a developed recreation site, or while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable material. (36 C.F.R. § 261.52(d))

2. Campfires are only allowed in Forest Service designated campgrounds.

D. Requirements imposed during Stage II or III Fire Restrictions:

1. All personnel must smoke in a vehicle with the doors closed and windows up.

2. No campfires are allowed on Forest Service Lands under any Stage II or III restriction orders.

3. A serviced and functioning fire extinguisher will be located in each vehicle.

4. When working on activities which generate flame, spark or flammable material, a Type 3 engine with National Wildfire Coordinating Group (NWCG) qualified personal must be on site and the surrounding area must be soaked with water before

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038 starting the activity. A fire guard will continue to monitor the project for up to one hour after activities have ended.

5. A water tender with operator, water pump and hoses will be in place during operations OR a Type 3 Wild land Engine that meets NWCG specifications (additional to the above engine); supervised by one NWCG qualified engine Boss and 3 NWCG qualified firefighters will be on site.

H.2 Pre-Work Conference Prior to commencement of work, Contractor shall attend a meeting to discuss Contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.3 Safety Plan When required by FAR 52.236-13, titled Accident Prevention to include Alternate I, Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site. Contractor shall identify the specific conditions that she and or he consider is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures Contractor will do to increase safety on the worksite for its employees, Government employees, as well as the general public.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project

Manager/Foreman.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph

(c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038 occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

H.4 Submittals

Title Referenced by Specification No.

Due Date After Contract Award

Time of Government Approval After Submittal

Project Work Plan and Schedule (if revision is needed from solicitation documents)

Section L.2.B titled Work Plan and Schedule

10 Working Days

10 Working Days

One (1) Project Manager/Foreman (if revision is needed from solicitation documents)

Section H titled Special Contract Requirements, AGAR 452.237-74, and Section L.2.A

10 Working Days

10 Working Days

Insurance Coverage Section H titled Special Contract Requirements, AGAR 452.228-71

10 Working Days

10 Working Days

Submittal shall include manufacturer’s catalogs, certification, specification, or other material which proves compliance with these specifications.

As stated within Contract documents.

As stated within Contract documents.

As stated within Contract documents.

Product data for each manufactured material and/or products indicated in Contract.

As stated within Contract documents.

As stated within Contract documents.

As stated within Contract documents.

Other material certificates and or submittals indicated elsewhere in Contract.

As stated within Contract documents.

As stated within Contract documents.

As stated within Contract documents.

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

PART II--CONTRACT CLAUSES

Section I - Contract Clauses

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):

Clauses that begin with 52; reference the Federal Acquisition Regulations (FAR):

https://www.acquisition.gov/far/

Clauses that begin with 452; reference the United States Department of Agriculture Acquisition Regulations (AGAR): www.usda.gov/procurement/policy/agar.html

52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

(NOV 2015)

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015) 52.222-34 Project Labor Agreement. (MAY 2010) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Bio based Products under Service and

Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or https://www.acquisition.gov/far/

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

Transactions Relating to Iran-Representation and Certifications (OCT 2015)

52.228-5 Insurance - Work on a Government Installation (JAN 1997) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-16 Progress Payments (APR 2012) Alternate I (3/2000) 52.232-25 Prompt Payment (JUL 2013) 52.232-27 Prompt payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management

(JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

(DEC 2013)

52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (JUN 2016) 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984) Alternate I 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135887 http://www.sba.gov/content/table-small-business-size-standards

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237130 assigned to contract number __to be determined____________.

[Contractor to sign and date and insert authorized signer’s name and title].

52.225-9 BUY AMERICAN -CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means— https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item.

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

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

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

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

or

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

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

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

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

Section J - List of Documents, Exhibits, and Other Attachments

Attachment Number

Attachment Title Date Numbe r of Pages

J.1

Specifications Consisting of, Summary of Work, Definition of Bid Items and Measurement and Payment, Selective Demolition, and Basic Electrical Materials and Methods. Not Dated 14

J.2 Site Plan September 26, 2013 1

J.3 Photograph of existing facility October 30, 2008 1

J.4 Wage Determination, General Decision Number: CO160012 06/03/2016 7

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

PART IV--REPRESENTATIONS AND INSTRUCTIONS

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-19 Incorporation by Reference of Representations and Certifications.

(DEC 2014)

52.204-8 Annual Representations and Certifications (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

237130.

(2) The small business size standard is $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is not stated within the U. S. Small Business Administration Table of Small Business Size Standards Matched to North American Industry Classification System Codes.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

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

□ (i) Paragraph (d) applies.

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

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

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

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

13;

http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5 Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785

Devils Head Repeater Shed Installation Project Solicitation Number AG-82BH-S-16-0038 clause at 52.223-2, Affirmative Procurement of Biobased Products under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.] XX__ (i) 52.204-17, Ownership or Control of…