AG-8371-S-15-0003.pdf

Solicitation Number: AG-8371-S-15-0003 Prescott Air Tanker Base Improvements

Prescott National Forest

DIVISION II

USFS FEDERAL CONTRACT DOCUMENTS

Table of Contents

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

SECTION C - Description/specifications/Statement of Work

SECTION D - Packaging and Marking

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

SECTION G - Contract Administration Data

SECTION H - Special Contract Requirements

SECTION I - Contract Clauses

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

SECTION K - Representations, Certifications, and Other Statements of Offerors

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

SECTION M - Evaluation Factors for Award

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Note to Bidders:

The Base Bid, (Schedule I) for the PRC Apron Reconstruction project is included in Division I – City of Prescott Contract Documents. Both Bid Schedules are required to be filled out at the time of bid.

CONTRACTOR NAME:

PRESCOTT AIR TANKER BASE IMPROVEMENTS (ALTERNATE BID) – SCHEDULE II

Line No.

Item No. Description Quantity Unit of Measure

Unit Price

Total Amount

CIVIL

1 P-100-3.2 Contractor’s Quality Control (Alternate Bid) 1 LS

2 P-101-4.2 Mobilization (Alternate Bid) 1 LS

3 P-104-6.1 Sawcut AC Pavement (2-Inch Depth) 974 LF

4 P-104-6.2 Sawcut AC Pavement (Full Depth) 515 LF

5 P-104-6.3 Remove AC Pavement (Full Depth) 660 SY

6 P-104-6.4 Mill AC Pavement (2-Inch Depth) 217 SY

7 P-104-6.6 Remove Portland Cement Concrete Pavement (6 - 10 Inch Depth) 88 SY

8 P-151-5.5 Remove Water Service Line and Miscellaneous Fittings 44 LF

9 P-151-5.6 Remove Concrete Curb 52 LF

10 P-151-5.7 Obliterate Pavement Marking 220 LF

11 P-151-5.8 Remove and Salvage Hose Bib 1 EA

12 P-151-5.10 Remove 10-Inch PVC Sewer Line and Miscellaneous Fittings 306 LF

13 P-151-5.11 Remove Shallow Concrete Sewer Manhole 2 EA

14 P-152-4.1 Unclassified Excavation 8,815 CY

15 P-152-4.2 Over-Excavation and Replacement of Unsuitable Materials, Backfill and Compaction (Contingent Item) 294 CY

16 P-152-4.3 Subgrade Preparation 10,314 SY

17 P-201-6.1 Crushed Aggregate Base Course (6-Inch Depth) 2,272 SY

18 P-201-6.2 Crushed Aggregate Base Course (8-Inch Depth) 4,929 SY

19 P-201-6.3 Crushed Aggregate Base Course (10-Inch Depth) 3,113 SY

20 P-304-8.1 Cement-Treated Base (6-Inch Depth) 6,045 SY

21 P-405-7.1 Asphalt Concrete Pavement 2,006 TON

22 P-501-8.1 Portland Cement Concrete Pavement (13-Inch Depth) 1,116 SY

23 P-604-6.1 Preformed Sealer 1/2-Inch Joint 1,410 LF

Line No.

Item No. Description Quantity Unit of Measure

Unit Price

Total Amount

CIVIL

24 P-605-5.1 Edge Seal 300 LF

25 P-620-5.1 Pavement Marking (Yellow) 2,990 SF

26 P-620-5.2 Pavement Marking (White) 356 SF

27 D-701-7.1 12-Inch RGRCP Class V Storm Drain Pipe 291 LF

28 D-701-7.2 15”x21” Corrugated Steel (Arch) Pipe 19 LF

29 D-701-7.3 23"x14" Elliptical RGRCP (Horz) Class V Storm Drain Pipe 115 LF

30 D-751-5.1 Concrete Storm Drain Catch Basin, per MAG STD DET 535 Type 'F' (MOD) w/ Bolted Down Grate 1 EA

31 D-751-5.4 Flat Top Concrete Sewer Manhole per MAG STD DET 420-1, 420-2, and 422 (MOD) w/Bolted Down Cover 2 EA

32 SP 20.16.2 Underground Utility Allowance (Alternate Bid) 1 ALLOW $8,000.00 $8,000.00

33 SP 50.01.2 Location of Underground Utilities (Alternate Bid) 1 ALLOW $2,500.00 $2,500.00

34 SP 60.05.2 Airfield Safety and Security (Alternate Bid) 1 LS

35 SP 90.01.1 Silicon Joint Sealant 135 LF

36 SP 90.01.2 Seal Coat 134 SY

37 SP 90.02.1 Single Curb per MAG STD DET 222, Type B 112 LF

38 SP 90.02.2 Curb Termination per MAG STD DET 222 2 EA

39 SP 90.03.1 Galvanized Steel Storm Drain Pipe End Section 2 EA

40 SP 90.03.2 Concrete Storm Drain Pipe End Section per MAG STD DET

545 (MOD)

5 EA

41 SP 90.03.3 Concrete Pipe Collar per MAG STD DET 505 1 EA

42 SP 90.04.1 Seeding 8,129 SY

43 SP 90.05.1 6"x10" DR 11 Dual Containment HDPE Pipe with Misc Fittings

554 LF

44 SP 90.05.2 Restrained Joint Coupling Adapter (6" HDPE to DIP) 2 EA

45 SP 90.05.4 4" PVC Waterline and Miscellaneous Fittings 265 LF

46 SP 90.05.5 Water Sevice Line Connection with Miscellaneous Fittings and 1-1/2" NH Hose Bib Connection and Bleed Off Valve 1 EA

47 SP 90.05.6 Curb Stop per MAG STD DET 390, Type B, and Plug 1 EA

Line No.

Item No. Description Quantity Unit of Measure

Unit Price

Total Amount

CIVIL

48 SP 90.05.7 Fire Hose Connection (Match In-Kind) 1 EA

49 SP 90.06.1 Pit 1 Sign per Detail 2 on Sheet FC5.5 2 EA

50 SP 90.06.5 Prescott Air Tanker Base Sign per Detail 1 on Sheet FC5.5 1 EA

51 SP 90.07.1 10-Inch PVC SDR 35 Sewer Line 236 LF

52 SP 90.07.2 CLSM Encase 10" PVC Sewer Line per Detail 1 on Sheet

FG3.1 235 LF

51 SP 90.09.1 Aircraft Tie-Down Assembly 6 EA

52 SP 100.09.2 SWPPP (Alternate Bid) 1 LS

53 SP 90.08.1 City of Prescott Plan Permit Fees 1 ALLOW $3,500.00 $3,500.00

54 SP 90.09.1 Aircraft Tie-Down Assembly 6 EA

55 SP 100.09.2 SWPPP (Alternate Bid) 1 LS

ELECTRICAL

56 L-100-5.12 Remove and Salvage TW Edge Light and Isolation Transformer, Demo Base Can 9 EA

57 L-100-5.13 Remove and Salvage TW Edge Light, Install Temporary Wood Cover, Base Can to Remain 7 EA

58 L-100-5.14 Excavate and Remove Existing Conduit and Conductor 1,045 LF

59 L-100-5.15 Remove and Salvage Elevated Warning Light (Heliport) 4 EA

60 L-100-5.16 Remove Existing Receptacles, Handhole and Associated Equipment (Helipad) 1 EA

61 L-100-5.17 Provide Temporary Airfield Power Cable Jumpers as Required 1 LS

62 L-100-5.18 120V, 20A Duplex Receptacle With Weather Resistant Cover 3 EA

63 L-100-5.19 240V, 30A Duplex Receptacle With Weather Resistant Cover 1 EA

64 L-100-5.20 Remove and Salvage Existing Stake Mounted Retro-reflective Taxiway Marker 13 EA

65 L-100-5.21 Miscellaneous Electrical Devices; Circuit Breakers, Lighting Contactors, Enclosures etc… 1 LS

Line No.

Item No. Description Quantity Unit of Measure

Unit Price

Total Amount

ELECTRICAL

66 L-100-5.22 Two (2) New LED Apron Light Fixtures and Obstruction

Lights on new Pole with Concrete Pole Base Complete. 3 EA

67 L-100-5.23 New LED Apron Lighting Fixtures and Obstruction Lights on Existing Poles Complete. 1 LS

68 L-100-5.24 Remove and Salvage Existing Duct Marker 2 EA

69 L-100-5.25 Re-Install Salvaged Existing Duct Marker 2 EA

70 L-100-5.26 Remove Existing Apron Light 2 EA

71 L-108-5.6 L-824, Type C, 2/C #8 AWG, 5kV Cable 2,216 LF

72 L-108-5.7 Wire #8 AWG THWN Stranded CU 1,400 LF

73 L-108-5.8 Wire #8 AWG THWN Stranded CU (GND) 700 LF

74 L-108-5.9 Wire #10 AWG THWN CU 2,450 LF

75 L-108-5.10 Wire #10 AWG THWN Stranded CU (GND) 1,510 LF

76 L-110-5.4 Single-way (1) - 2" Conduit, Slurry Encased 950 LF

77 L-110-5.5 Multiple-way (2) - 3" Ductbank, Concrete Encased 320 LF

78 L-110-5.6 Multiple-Way (2) - 1" Conduit, Direct Buried 1,528 LF

79 L-110-5.7 Single-way (1) - 1" Conduit, Direct Buried 950 LF

80 L-127-5.4 Electrical Box, Size 5, Furnished and Installed 3 EA

81 L-127-5.5 New Handhole, Type I, With New Air Craft Rated Lid (2'x3'x3') 6 EA

82 L-853-4.2 New L-853 Stake Mounted RetroReflective Taxiway Marker 2 EA

83 L-853-4.3 Reinstall Salvaged L-853 Stake Mounted RetroReflective Taxiway Marker 13 EA

84 L-861-4.2 Salvaged Elevated Warning Light (Heliport) 4 EA

85 L-861-4.3 New Elevated L-861 Red Warning Light on New L-867 Base 1 EA

86 L-861T(L)-4.4 New Elevated L-861T(L) LED Taxiway Edge Light and Isolation Transformer on New L-867 Base Can 25 EA

87 L-861T(L)-4.5 Salvaged L-861T(L) LED Taxiway Edge Light and Isolation Transformer on New L-867 Base Can 9 EA

Line No.

Item No. Description Quantity Unit of Measure

Unit Price

Total Amount

ELECTRICAL

88 L-861T(L)-4.6 Salvaged Elevated Taxiway Edge Light and Isolation

Transformer on Existing L-867 Base Can 7 EA

89 TOTAL AMOUNT OF (BID ALTERNATE), SCHEDULE II, ITEMS 1 THRU 88 INCLUSIVE $

$____________________________________________________________________________ 100 Dollars Written in Words

AGGREGATE TOTAL: _____________________

Note to Bidders:

The Base Bid, (Schedule I) for the PRC Apron Reconstruction project is included in Division I – City of Prescott Contract Documents. Both Bid Schedules are required to be filled out at the time of bid.

The Government reserves the right to award any or all of the items listed above and are subject to the Availability of Funds in accordance with FAR 52.232-18 Availability of Funds.

Duns Number ____________________

Email _____________________

SECTION C - Description/specifications/Statement of Work

SCOPE OF CONTRACT

The Forest Service portion of the project will expand the current Prescott Air tanker Base. This is to include construction of a third retardant loading pit, expansion of the small air craft parking, improvements that the helibase, and all associated utility work.

LOCATION OF PROJECT

The project is located at the Prescott Airport 2400 Melville Road Prescott, AZ 86301.

AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 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.

SUGGESTED BIOBASED CATEGORIES:

Category: grounds maintenance, Sub-categories: erosion control Category: minor construction, Sub-categories: concrete curing agents & traffic and zone marking paints

Note that all biobased products need to be in compliant with all FAA requirements.

SECTION D - Packaging and Marking

{For this Solicitation, there are NO clauses in this Section}

SECTION E - Inspection and Acceptance

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 105 calendar days. The time stated for completion shall include final cleanup of the premises.

The 105 calendar days reflects the total contract time for both the City of Prescott and the USFS projects.

The commencement of work will not be until on or about July 15, 2015.

PERIOD OF PERFORMANCE CLARIFICATION

The contract time is a reflection for the total time allowed to complete both the City of Prescott and the Forest Service contracts. If the City of Prescott is only awarded the contract time will be 90 calendar days, the Forest Service portion will increase contract time 105 calendar days.

See Section I for schedule in assessment of Liquidated Damages, the 15 day difference in contract time and the liquidated damages is due to overlapping phases. Phase information is captured in the specifications and contract documents.

SECTION G - Contract Administration Data

INVOICE PROCESSING PLATFORM

All invoices must be processed through the Invoice Processing Platform located at www.ipp.gov. There is not charge for registration or use of this website. The Government has 30 calendar days to pay from the receipt of a proper invoice, the status of invoices can tracked using IPP at the website above.

The Forest Service Inspector will hold a Federal Acquisition Certificate as a Contracting Officers Representative, FAC-COR.

SECTION H - Special Contract Requirements

The contractor is expected to demonstrate 50% self-performance over the life of the contract, at time of proposals response.

See Section L for submission information.

http://www.ipp.gov/

SECTION I - Contract Clauses

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.htm

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-7 System for Award Management. (JUL 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2013) 52.204-13 System for Award Management Maintenance. (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) 52.211-13 Time Extensions. (SEP 2000) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.215-2 Audit and Records - Negotiation. (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 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) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 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) 52.222-34 Project Labor Agreement. (MAY 2010) 52.222-35 Equal Opportunity for Veterans. (JUL 2014) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.222-37 Employment Reports on Veterans. (JUL 2014) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-14 Acquisition of EPEAT(R)-Registered Televisions. (JUN 2014) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-17 Interest. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt payment for construction contracts. (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-40 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) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-26 Preconstruction Conference. (FEB 1995) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.246-21 Warranty of Construction. (MAR 1994) 52.248-3 Value Engineering - Construction. (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.249-14 Excusable Delays. (APR 1984)

AGRICULTURE ACQUISITION REGLUATIONS (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 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)

FULL TEXT CLAUSES

FAR 52.232-16 Progress Payments. (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors-

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subscontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for -

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work.

Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's-

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title. (1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date.

Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and

(ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights. (1) No payment or vesting of title under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause-

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to-

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments-

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if-

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments-

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232- 32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments -

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or liquidated is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the [Contracting Officer insert date as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

FAR 52.243-7 Notification of Changes. (APR 1984)

(a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within [] (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the

SAR.

(d) Government response. The Contracting Officer shall promptly, within [] (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under paragraphs (d)(1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

Note: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information.

The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

FAR 52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,000 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Note: The liquidated damages listed in the clause above are in addition to the Liquidated Damages assessed for the City of Prescott Contract. The phasing below will be used for the assessment of the liquidated damages in this contract.

PRC Apron Reconstruction (Base Bid, Schedule I) See City of Prescott Solicitation:

1. One Thousand and Five Hundred Dollars ($1,500) per day for failure to complete any portion of Phases A1 and B1 (PRC Apron Reconstruction – Base Bid, Schedule I) as identified below and in the Construction Plans, within the specified schedule/time limit:

PRC Apron Reconstruction (Base Bid, Schedule I): A total of 90 Calendar Days.

· Phase A1 – 45 calendar days from the day of commencing construction of this Phase

· Phase B1 – 45 calendar days from the day of commencing construction of this Phase

2. One Thousand Dollars ($1,000) per day for failure to complete any portion of Phases A2 and B2 (Prescott Air Tanker Base Improvements – Alternate Bid, Schedule II) as identified below and in the Construction Plans, within the specified schedule/time limit:

Prescott Air Tanker Base Improvements (Alternate Bid, Schedule II in City of Prescott Solicitation): An additional 15 Calendar Days (if awarded), to be constructed concurrently with the PRC Apron Reconstruction project for a total of 105 Calendar Days, (reference Division II – USFS Federal Contract Documents, Section I).

· Phase A2 – 45 calendar days from the day of commencing construction of this Phase

· Phase B2 – 45 calendar days from the day of commencing construction of this Phase

3. One Thousand and Five Hundred Dollars ($1,500) per day for each and every day’s delay in Substantial

Completion and Acceptance of the work required to be done by the Contractor within the total specified Contract time (i.e. for both projects combined), (90 Calendar Days or 105 Calendar Days if the Alternate Bid is awarded); $1,000 to be paid to the City of Prescott and $500 to be paid to the USFS, for a total of $1,500.

4. One Thousand and Five Hundred Dollars ($1,500) per day for each and every day’s delay in Final Completion and Acceptance of the work required to be done by the Contractor within the total specified Contract time (i.e. for both projects combined), (30 Calendar Days); $1,000 to be paid to the City of Prescott and $500 to be paid to the USFS, for a total of $1,500.

The phase details are specified in the contract documents. The difference in total contract time and phase times is a result of overlapped time in phasing.

FAR 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.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

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

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

Domestic construction material means-

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which 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…