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- Horsethief Lookout Tower Solar Project Federal contract opportunity
- Solicitation number
- AG-94TZ-S-15-0069
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| File | Type | Posted |
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| SF1442.pdf | ||
| HORSETHIEF_SOLAR_MAPS_PICS.pdf | ||
| PRESCOTT_FIRE_PLAN.doc | DOC document | |
| Wage_Determination.docx | DOCX document |
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AG-94TZ-S-15-0069
| HORSETHIEF LOOKOUT TOWER |
| PRESCOTT NF |
| PAGE 4 of 27 |
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
| Line Items |
| Description |
| Method of Measurement |
| Method of Measurement (Units) |
| Estimated Quantity |
| Unit Price |
| Total |
| 0001 |
| Mobilization/Demobilization |
| LSQ |
| LS |
| 1 |
| $ |
| $ |
| 0002 |
| Provide electrical design for the new solar panel system at the Horsethief Lookout |
| LSQ |
| LS |
| 1 |
| $ |
| $ |
| 0003 |
| Solar Panel System Replacement |
| LSQ |
| LS |
| 1 |
| $ |
| $ |
| 0004 |
| Tower Cab Electrical Upgrade |
| LSQ |
| LS |
| 1 |
| $ |
| $ |
| 0005 |
| Operation and Maintenance Manuals |
| LSQ |
| LS |
| 1 |
| $ |
| $ |
Total
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
STATEMENT OF WORK
Prescott National Forest Prescott, AZ Horsethief Lookout Solar Array
1.0 INTRODUCTION
This project consists of replacing the solar array and electrical distribution system at the Horsethief Lookout Tower. A design/single line diagram shall be provided and the system shall be retrofitted as necessary to make functional. This shall include replacement of the solar panels, battery system, conduit/wiring, and any incidentals. Improvements to the lightning and electrical system on the interior of the lookout tower cab shall be provided as well. Contractor will also be responsible for providing and operation and maintenance manual so the system can be adequately maintained after installation is complete.
2.0 LOCATION
The Horsethief Lookout Tower is located in a remote area of the Bradshaw Mountains. Access to the site is through Crown King, AZ and then continuing through the Horsethief Recreation Area. The GPS coordinates of the site are 34.162446, -112.270575 and an aerial image of the site is attached in the photo section of this document. The elevation of this site is approximately 6,700 feet above sea level. The road traveling to the site is a well maintained dirt road up until you pass Crown King. After passing Crown King, it is not recommended to take a passenger car. A high clearance vehicle should be utilized.
The Contractor will be allowed to camp at the lookout tower or at the Hazlett Hallow Campground in the Horsethief Basin Recreation Area.
3.0 EXISTING CONDITION
Currently there is existing solar panel infrastructure and equipment in place. However, the state of this infrastructure and equipment is not operational.
4.0 FACILITIES
There is a lookout tower and a prefabricated restroom at this site. The contractor will be able to utilize the restroom facility. However, no utilities will be available for use by the contractor. The lookout tower is used on a seasonal basis from approximately April 1st to the end of September. During the winter months, the tower is unmanned. As part of this project, instructions on how to properly protect and/or maintain the solar panel system from damage during the winter months are required.
The Horsethief Lookout is a 12 ft by 12 ft cab that is mounted on metal framework approximately 40 feet off the ground. Access to the cab is by a narrow staircase going up the metal framework. No heating or cooling exists within the cab. Windows go along the entire perimeter of the cab for spotting smoke plumes and potential fires. Space inside the lookout is limited. High winds are regular at this location.
5.0 TASKS TO BE PERFORMED
A. Electrical Design
· Provide an electrical design, including requirements and single line diagrams, to power the Horsethief Lookout Tower. For design purposes the following shall be assumed:
i. Two overhead four foot fluorescent single bulb light fixtures operated by light switch
ii. Two wall mounted light fixtures operated by switches on the fixtures
iii. Two GFCI outlets placed on opposing walls
iv. One exterior motion activated light to illuminate the stair case leading up the tower.
v. One permanent base station radio
· The design and diagrams provided shall include the appropriate sizing for solar panels and battery bank to power the items listed above. Also, a disconnect switch shall be included within the distribution system.
B. Solar Panel System Replacement
· Remove the existing solar panels, batteries, battery bank box, metering box, wiring and all other solar associated equipment from the panels to the metering box within the lookout tower and dispose of appropriately off of National Forest Lands.
· Install new solar panels, batteries, battery bank box, metering box, inverter, disconnect switches, circuit breaker panels, wiring, and all other required pieces of equipment per the approved electrical design from Task A Electrical Design.
· The existing structure that the solar panels are currently mounted to can be reused and/or modified as needed to accommodate the new solar panels. The contractor shall be responsible for repainting this structure if it is reused. If it is not reused, contractor shall be responsible for demolition and removal of the structure. The existing conduits running up the lookout tower can be used if desired as long as these conduits are found to be compliant with the 2015 National Electric Code and 2015 International Building Code.
· Ensure that all new infrastructure installed is appropriately grounded.
C. Tower Cab Electrical Upgrade
· Remove and dispose of the existing outlet box, lighting fixtures, and interior electrical wiring. The wall mounted light fixtures in the lookout cab are propane fueled. Contractor shall be responsible for removing these lights and properly capping the propane lines.
· Provide two new overhead 4 foot fluorescent single bulb light fixtures. These fixtures shall be operated by light switch. The location of the light switch will be determined at the site after contract award. Wiring and conduit for the light switch may be surfaced mounted rather than on the interior of the wall. Location of the two overhead light fixtures shall be spaced to adequately light the space. If practical, the new fixtures can be mounted in the location of the old fixtures.
· Provide two new wall mounted light fixtures that are operated by “on/off” switches located on the fixtures themselves. The new light fixtures shall be mounted in the same location as the existing wall mounted fixtures.
· Provide two new GFCI outlets on opposing walls. Walls and exact locations are to be determined at the site.
· Provide one exterior light that is motion detection activated to light the staircase that provides access to the tower cab.
· Existing conduit and junction boxes can be reused as long as these conduits are found to be compliant with the 2015 National Electric Code and 2015 International Building Code.
D. Deliverables
· Contractor shall provide a 65% drawing submittal to the Contracting Officer. Two 11x17 hard copies shall be provided. Contractor shall coordinate with the Contracting Officer or Contracting Officer Representative through the design process for comments, questions, and updates.
· 100% drawings shall be submitted to the Contracting Officer. Two 11x17 hard copies and an electronic copy shall be provided.
· Operation and Maintenance Manuals shall be provided to the Contracting Officer. Two hard copies and an electronic copy shall be provided. This manual should address all aspects of operation and maintenance of the solar panels, batteries, metering box etc. Instructions shall be provided on how to adequately protect system from cold winter weather when the lookout tower is not in use.
E. After install clean up
· Contractor shall be responsible for cleanup of all excess materials, debris, rubbish on site after the project is completed.
· Remove all debris and waste from National Forest Lands.
All items shall be tested to ensure proper working condition prior to acceptance and payment for items.
6.0 QUALITY REQUIREMENTS
All work shall be performed in a workman like manner, to the quality and standard of the industry. All National Electric Code and International Building Code requirements shall be met for installation of these pieces of equipment. If varying requirements exist among the standards referenced herein, the project specifications, or the project drawings, the most stringent of them shall govern.
Contractor shall perform all measures necessary to protect existing features and to minimally disturb areas. Any damages that occur due to negligence of the Contractor shall be the responsibility of the Contractor to repair or replace.
7.0 WORK SCHEDULE
The contractor shall complete all design work within 21 days of receiving the Notice to Proceed from the Contracting Officer. All construction work shall be completed within 60 days of receiving the Notice to Proceed from the Contracting Officer. The contractor shall notify the COR ten (10) calendar days prior to starting the construction portion of the contract.
8.0 SAFETY
It is the Contractor’s responsibility to ensure that all work is performed in a safe environment. All work shall comply with OSHA regulations. Work will be performed at high elevations during times. Proper fall protection will be required when deemed necessary by the Contracting Officer’s Representative or the Forest Safety Officer.
9.0 BASIS OF PAYMENT
The contractor shall receive payment at the contract bid prices when work is satisfactorily completed according to the terms herein and has been accepted by the Contracting Officer’s Representative.
10.0 POINT OF CONTACT
Contracting Officer’s Representative (COR)
Cory Brunsting Prescott National Forest 344 S. Cortez Street Prescott, AZ 86303
(928) 443-8177 (phone)
(928) 443-8008 (fax) corydbrunsting@fs.fed.us
SECTION E--INSPECTION AND ACCEPTANCE
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
| 52.246-1 | Contractor Inspection Requirements (APR 1984) |
| 52.246-12 | Inspection of Construction (AUG 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 __21__ 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 60 calendar days.
SECTION G--CONTRACT ADMINISTRATION DATA
{For this Solicitation, there are NO clauses in this Section}
SECTION H--SPECIAL CONTRACT REQUIREMENTS
{For this Solicitation, there are NO clauses in this Section}
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
52.209-6 Protecting the Government's Interest when Subcontracting
| with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) | |
| 52.211-18 | Variation in Estimated Quantity (APR 1984) |
| 52.219-28 | Post-Award Small Business Program Rerepresentation. (JUL 2013) |
| 52.222-3 | Convict Labor. (JUN 2003) |
| 52.222-6 | Construction Wage Rate Requirements. (MAY 2014) |
| 52.222-7 | Withholding of Funds (MAY 2014) |
| 52.222-8 | Payrolls and Basic Records (MAY 2014) |
| 52.222-9 | Apprentices and Trainees (JUL 2005) |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) |
| 52.222-11 | Subcontracts (Labor Standards) (MAY 2014) |
| 52.222-12 | Contract Termination - Debarment (MAY 2014) |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related 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 (FEB 1999) |
| 52.222-26 | Equal Opportunity (MAR 2007) |
| 52.222-27 | Affirmative Action Compliance Requirements for Construction (FEB 1999) |
| 52.222-36 | Affirmative Action for Workers with Disabilities (JUL 2014) |
| 52.222-50 | Combating Trafficking in Persons (FEB 2009) |
| 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) |
| 52.223-15 | Energy Efficiency in Energy-Consuming Products (DEC 2007) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUN 2008) |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (MAY 2014) |
| 52.232-23 | Assignment of Claims (MAY 2014) |
| 52.232-27 | Prompt Payment for Construction Contracts (MAY 2014) |
| 52.232-33 | Payment by Electronic Funds Transfer-- System for Award Management (JUL 2013) |
| 52.233-1 | 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) |
| 52.236-14 | Availability and Use of Utility Services (APR 1984) |
| 52.236-15 | Schedules for Construction Contracts (APR 1984) |
| 52.236-17 | Layout of Work (APR 1984) |
| 52.236-21 | Specifications and Drawings for Construction (FEB 1997) |
Alternate I (APR 1984) Alternate II (APR 1984)
| 52.236-26 | Preconstruction Conference (FEB 1995) |
| 52.243-5 | Changes and Changed Conditions (APR 1984) |
| 52.244-6 | Subcontracts for Commercial Items (MAY 2014) |
| 52.245-1 | Government Property (Apr 2012) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) |
| 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
| 452.232-70 | Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) |
| 452.236-72 | Use of Premises (NOV 1996) |
| 452.236-73 | Archeological 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) |
FAR 52.204-7 --System for Award Management (JUL 2013)
(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
(b)
(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov .
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 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:
(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.
(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 or Balance of Payments Program.
(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 | Quantity | Price | |
| measure | (dollars)* |
Item 1:
| Foreign construction material | ________ ________ ________ |
| Domestic construction material | ________ ________ ________ |
Item 2:
| Foreign construction material | ________ ________ ________ |
| Domestic construction material | ________ ________ ________ |
* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
FAR 52.228-13 Alternative Payment Protections (JUL 2000) APPLICABLE FOR OVER $30K
(a) The Contractor shall submit one of the following payment protections
__Payment Bond___________________________ __Irrevocable Letter of Credit_________________
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within 10 calendar days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil www.usda.gov/procurement/policy/agar.html
AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALTERNATE 1 (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
Order of Precedence--Construction
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the specifications)
(2) Representations and Other Instructions
(3) Contract Clauses
(4) Other Documents, Exhibits, and Attachments
(5) The Specifications
(6) Drawings
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
Fire Plan 4 pages
Wage Determination AZ 150035 08/07/2015 5 pages
Drawings/Plans 8 pages
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
52.223-1 Biobased Product Certification. (MAY 2012) 52.236-28 Preparation of Proposals - Construction. (OCT 1997)
FAR 52.204-8 Annual Representations and Certifications (Dec 2014)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $15 MIL
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 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.
(xiv) 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 clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 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 $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] ___ (i) 52.219-22, Small Disadvantaged Business Status.
___ (A) Basic.
___ (B) Alternate I.
___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vi) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause |
| Title |
| Date |
| Change |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
AGAR 452.209-70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) ALTERNATE 1 (FEB 2012)
(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that –
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
52.215-1 Instructions to Offerors--Competitive Acquisition (JAN 2004)
AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES
452.204-70 Inquiries (FEB 1988)
FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered are, are as follows:
Goals for minority participation for each trade Goals for female participation for each trade:
_19.6%___ __6.9%__
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is AZ, Yavapai, Crown King
FAR 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil www.usda.gov/procurement/policy/agar.html
SECTION M--EVALUATION FACTORS FOR AWARD
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate offers:
Past Performance Price
Technical (when applicable) and past performances, when combined, are EQUAL TO PRICE.
Past Performance
The evaluation of past performance will include:
1. Quality of Services
2. Personnel
3. Subcontractor Management
4. Business Relations
5. Timeliness of Performance
6. Customer Satisfaction
7. Cost Control
8. Company experience for related projects.
To help aid in the evaluation of past performance, the offeror must demonstrate performance of similar type, scope, and magnitude to that detailed in this RFP in the past three years. Similar type projects may include, but not limited to solar electrical work in remote/high elevation or confined spaces. Documentation shall include contract numbers, current point of contact, telephone number, e-mail address if available, fax number, description and value of the work. Offeror is responsible to make their best attempt to assure that past performance information is current so verification can occur. Information containing contact names no longer at the location provided, disconnected or changed phone numbers, or any other inaccurate information that hinders verifying past performance information runs the risk of the information not being considered. For the Past Performance Evaluation the Government will utilize the listing of past projects provided and possibly include data obtained from other sources.
ANY FORMAT MAY BE USED.
Price
Proposals should be submitted initially on the most favorable terms the offeror can make to the Government. The Government reserves the right to reject any or all offers or to make award without conducting discussions. Award may not necessarily be made to the offeror submitting the lowest price. Also, award may not necessarily be made for technical capabilities that appear to exceed those needed for successful performance of the work.
1. The Government may reject any or all offers, make award to other than the lowest offer, and waive minor informalities or irregularities in offers received. If necessary, the Government may conduct discussions with any offeror;
2. The Government may issue a contract on the basis of offers as received without entering into discussions with any offerors. Therefore, each initial offer should contain the offerors best terms;
3. This Request for Proposal does not commit the Government to pay any cost incurred in the preparation of the submission of proposals;
4. Each offeror's price proposal will be evaluated for realism, completeness, and reasonableness.
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