Final_Schedule_of_Items.docx
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- Solicitation number
- AG-9A73-S-13-0001
- Issued by
-
Department of Agriculture Forest Service
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NORTHERN CALIFORNIA SERVICE CENTER
NCSC FT. BENNING TOWER
ZIP LINE END POLE SUPPORT REPLACEMENT
SCHEDULE OF ITEMS
THE BIDDER MUST BID ALL ITEMS AND PROVIDE UNIT PRICES FOR OPTIONAL ITEMS
SCHEDULE OF ITEMS
PAY ITEM
DESCRIPTION
METHOD
OF
PAYMENT
PAY
UNIT
EST.
QTY.
UNIT
PRICE
AMOUNT
OF
BID
BASE BID
| 01010 (01) Three Pole Replacement |
| JOB |
| LS |
| 1 |
| $ |
| $ |
| TOTAL BASE BID |
| $ |
OPTIONS
| 01010 (02) Deadman Replacement |
| AQ |
| EA |
| 5 |
| $ |
| $ |
| 01010 (03) Set of Guy Wires, Pole to Deadman Replacement |
| AQ |
| EA |
| 5 |
| $ |
| $ |
| 01010 (04) Set of Guy Wires, Pole to Pole Replacement |
| AQ |
| EA |
| 2 |
| $ |
| $ |
| TOTAL BASE AND ALL OPTIONS |
| $ |
Solicitation No. AG-9A73-S-13-0001 Zip Line End Pole Support Replacement USDA, Forest Service – R5 Fire and Aviation
12345SECTION NAMEPROJECT NAMEPROJECT NUMBERSECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SECTION 01010
ZIP LINE END POLE SUPPORT REPLACEMENT
1.01. SCOPE: The work of this Contract is to remove three existing zip line poles and to replace them with new steel columns. In addition to the pole replacement in the base contract, replacement of the existing deadman and guy wires may be added to the contract as an option.
1.02. SUMMARY:
A. Zip Line Poles: The base contract is to detention the main cables, disconnect the main cables and guy wires from the three existing wooden poles and to remove the three wooden poles. The existing wooden poles are approximately 45 feet tall not including their embedment depth. Once the existing poles have been removed, the base contract includes providing and installing three new footings and steel columns per the plan details and notes.
1. The contractor is to provide and install welded steel step bolts per current industry standards and the plan notes.
2. Prior to forming up the footings, the area below the footing disturbed by the removal of the existing poles is to be filled and compacted to ensure proper footing bearing capacity.
3. Paint the columns to protect the steel from rust.
4. The existing zip lines (main cables) are to be reattached and tensioned according to plan notes.
5. The existing guy wires are to be reattached in the same basic locations on the new steel columns. Where some or all of the optional guy wire replacements are awarded, the existing wires are to be disposed and the new wires are to be attached.
B. Deadman (Option): If the deadman replacement option is awarded, the contractor is to disconnect the guy wires, remove the existing deadman, re-compact the soil if disturbed, pour the new deadman and install the anchor bolts along the approximate angles of the guy wires in accordance with the plan details and notes. The anchor bolts are also to be aligned with the poles. The contractor is to reattach the existing guy wires. Where some or all of the optional guy wire replacements are awarded, the existing wires are to be disposed and the new wires are to be attached.
C. Set of Guy Wires - Pole to Deadman (Option): If the guy wires between the pole and the deadman replacement option is awarded, the contractor is to disconnect the set of guy wires between the pole and that deadman and reconnect a new set of guy wires with all new hardware per the plan details and notes. Each set of guy wires include three guy wires, one at the level of the main cables and one at two different lower levels.
D. Set of Guy Wires - Pole to Pole (Option): If the guy wires between poles replacement option is awarded, the contractor is to disconnect the set of guy wires between those two poles and reconnect a new set of guy wires with all new hardware per the plan details and notes. Each set of guy wires include three guy wires, one at the level of the main cables and one at two different lower levels.
E. Disposal: All items replaced as part of the base contract or optional items awarded under the contract are to be removed and properly disposed of off government property. This includes excess materials and scrap materials along with the existing materials no-longer being used.
1.03. PRODUCT HANDLING: Comply with the manufacturer’s handling recommendations and protect all materials from damage until the work is complete, the project has had a final inspection and the Contracting Officer has accepted the work. All equipment and materials shall be suitable for the purpose intended and shall meet all requirements of the Occupational Safety and Health Act. The Contracting Office may order the removal or require replacement of any unsatisfactory equipment.
1.04. LOCATION: The project is located at the Northern California Service Center located in Redding California at 6101 Airport Drive, 96002.
1.05. GOVERNMENT FURNISHED PROPERTY: Water and Power are on the site.
1.06. WORK COORDINATION: The work shall be coordinated with the Contracting Officer and the Smokejumper Base Manager.
1.07. SUBMITTALS: Submittals shall be submitted to the Contracting Officer in time for proper review and approval prior commencing the work specified in the submittal.
A. Submittals shall be required for the following:
1. Work schedule
2. Shop drawings of column and attachments
3. Reinforcement layout
4. Concrete mix design
5. Paint color
B. Approvals: Approval of satisfactory samples, substitutions and shop drawings shall be made within 14 calendar days or sooner of the receipt of two copies of the submittal. The Contracting Officer will retain the submittal.
C. Resubmittal: When a resubmittal is required, the Contractor shall be notified. After revision of the original submittal, the contractor shall submit two copies of the changes to the Contracting Officer for approval. Each resubmittal may take up to 14 calendar days to review.
D. Timing: Make submittals far enough in advance of scheduled dates of installation to provide time for reviews, for securing necessary approvals, to possible revisions and resubmittals and for placing orders and securing delivery.
E. No portion of the work requiring a shop drawing, sample or catalog data shall be started nor shall any materials be fabricated or installed prior to the approval of such item.
1.08. MEASUREMENT AND PAYMENT: The measurement for the base contract to replace the poles will be by the completed job and payment will be on a Lump Sum Unit Basis AS SHOWN ON THE SCHEDULE OF ITEMS. Such payments will be considered full compensation for providing all materials, equipment, tools, labor and incidentals necessary remove, replace and dispose of the poles.
The measurements for the optional deadman and guy wires will be by each completed item and payment will be on an actual quantity basis AS SHOWN ON THE SCHEDULE OF ITEMS. Such payments will be considered full compensation for providing all materials, equipment, tools, labor and incidentals necessary replace the deadman and guy wires. The deadman quantity of each shall include each individual deadman and associated work. The set of guy wire quantity of each shall include all guy wires (three individual guy wires) connecting two items such as two poles or a pole and a deadman. For example, replacing all three guy wires and associated hardware between a single pole and a single deadman will be considered one set and will be considered a single pay item.
ITEMS:
01010 (01) Three Pole Replacement LS
Note: The following are optional bid items:
| 01010 (02) Deadman Replacement | EA |
| 01010 (03) Set of Guy Wires, Pole to Deadman Replacement | EA |
| 01010 (04) Set of Guy Wires, Pole to Pole Replacement | EA |
C.2 – PRODUCTS
2.01. MATERIALS: See plan details and general notes.
2.02. PAINT: All exposed steel surfaces with the exception of stainless steel and galvanized steel shall be protected from rust. A high quality primer designed for steel surfaces such as Pittsburg Paints Pitt-Tech Primer DTM Enamel (90-712) or equal shall be used to prime the metal. Two finish coats of high quality paint such as Pittsburg Paints Pitt-Tech Plus Int./Ext. Semi-Gloss DTM Enamel (90-1210) or equal shall be used as the finish coats. Finish equal shall be satin or semi-gloss enamel, have VOC less than 100 g/L, intended of intended application, rust resistant and have a full range of colors available. Primer equal shall be recommended for intended application by manufacturer of finish paint. Equals must be submitted to Contracting Officer for approval.
C.3 – EXECUTION
3.01. AS SHOWN ON THE DRAWINGS and specified elsewhere herein.
3.02. SAFETY: The contractor has sole responsibility for the safety of the workers and all other person who may be affected by the work.
C.4 - PRICE RANGE
The price range for this project is between $25,000 and $100,000.
C.5 – WORKERS COMPENSATION INSURANCE
The Contractor shall provide evidence of Worker’s Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.
AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made a part of this solicitation and any resultant contract.
END OF SECTION
SECTION D—PACKAGING AND MARKING
{For this solicitation, there are NO clauses in this Section}
SECTION E—INSPECTION AND ACCEPTANCE
E.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one of more clauses by reference, with the same force and effect as if they were give in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F—DELIVERIES OF PERFORMANCE
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or ore clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION 48 CFR CHAPTER1) CLAUSES
FAR 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 14 calendar days after receipt of Notice to Proceed.
The anticipated start work date is December 20, 2012.
FAR 52.237-1 Site Visit (APR 1984)
Offerors or quoters are urged and expected to visit the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
AGAR 452.236-75 Maximum Workweek – Construction Schedule (Nov 1996)
Within seven (7) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:
(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and
(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.
SECTION G—CONTRACT ADMINISTRATION DATA
AGAR 452.215-73 Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held at a location mutually agreed upon between the Contracting Officer and the awarded contractor prior to start of work.
SECTION H—SPECIAL CONTRACT REQUIREMENTS
Emergencies Fire Plan [ ] See Section J, Fire Plan [X]Not applicable; however, Contractors are required to comply with State law during fire season.
Area of responsibility for fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor’s area of responsibility for fire under the terms of the Fire Plan (Section J):
[ ] (a) Trail Construction – 100 meters o either side of the centerline [ ] (b) Construction of Structures – 100 meters around the perimeter of the project [ ] (c) Road Construction – 400 meters on either side of the centerline [ ] (d) Special for this project
Utility Services
Potable water and electrical power are available on site and will be provided without charge to the contractor.
Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery of a “Designation of Contractor’s Representative” form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.
Loss, Damage or Destruction Equipment furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent of wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties’ property as a result of the Contractor’s operation. Except that the Government is liable for such loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
PART II—CONTRACT CLAUSES
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):
www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER1) CLAUSES
| 52.204-9 | Personal Identity Verification of Contractor Personnel (JAN 2011) | |
| 52.209-6 | Protecting the Government’s Interest when Subcontracting with Contractors Debarred, | |
| Suspended, or Proposed for Debarment (DEC 2010) | ||
| 52.211-18 | Variation in Estimated Quantity (APR 1984) | |
| 52.219-6 | Notice of Total Small Business Set-Aside (NOV 2011) | |
| 52.222-3 | Convict Labor (JUN 2003) | |
| 52.222-6 | Davis Bacon Act (JUL 2005) | |
| 52.222-7 | Withholding of Funds (FEB 1988) | |
| 52.222-8 | Payrolls and Basic Records (JUN 2010) | |
| 52.222-9 | Apprentices and Trainees (JUL 2005) | |
| 52.222-10 | Compliance with Copeland Act Requirements (FEB 1988) | |
| 52.222-11 | Subcontracts (Labor Standards) (JUL 2005) | |
| 52.222-12 | Contract Termination – Debarment (FEB 1988) | |
| 52.222-13 | Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) | |
| 52.222-14 | Disputes Concerning Labor Standards (FEB 1988) | |
| 52.222-15 | Certification of Eligibility (FEB 1988) | |
| 52.222-20 | Walsh-Healy Public Contracts Act (OCT 2010) | |
| 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 (OCT 2010) | |
| 52.222-50 | Combating Trafficking in Persons (FEB 2009) |
52.222-3 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(JUL 2012)
| 52.223-6 | Drug-free Workplace (MAY 2001) (applicable if contract is awarded to an individual) |
| 52.223-15 | Energy Efficiency in Energy-Consuming Products (DEC 2007) |
| 52.224-1 | Privacy Act Notification (APR 1984) |
| 52.224-2 | Privacy Act (APR1984) |
| 52.225-13 | Restrictions on Certain Foreign Purchases (JUN 2008) |
| 52.227-4 | Patent Indemnity—Construction Contracts (DEC 2007) |
| 52.228-2 | Additional Bond Security (OCT 1997) |
52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000) 52.229-12 Prospective Subcontractor Requests for Bonds (JAN 2012) (Applicable if contract exceeds $30,000)
| 52.228-14 | Pledges of Assets (JAN 2012) (Applicable if contract exceeds $30,000) | |
| 52.232-5 | Payments Under Fixed-Price Construction Contracts (SEP 2002) | |
| 52.232-23 | Assignment of Claims (JAN 1986) | |
| 52.232-27 | Prompt Payment for Construction Contracts (OCT 2008) | |
| 52.232-33 | Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) | |
| 52.233-1 | Disputes (JUL 2002) | |
| 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) |
| 52.236-21 | Specifications and Drawings for Construction (FEB 1997) |
| 52.236-26 | Preconstruction Conference (FEB 1995) |
| 52.243-5 | Changes and Changed Conditions (APR 1984) |
| 52.244-6 | Subcontracts for Commercial Items (DEC 2010) |
| 52.246-21 | Warranty of Construction (MAR 1994) |
| 52.249-1 | Termination for Convenience of the Government (Fixed-Price) (Short Form) (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 Central Contractor Registration (AUG 2012)
(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.
“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 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.
“Registered in the CCR database” means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the CCR database; and
(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR 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 CCR 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.
(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 CCR 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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g) (1)
(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.
FAR 52.225-9 Buy American Act-Construction Materials (SEP 2010)
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 section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.
“Component” means an article, material, or supply incorporated directly into a construction material.
“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
“Cost of components” means—
(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
“Domestic construction material” means—
(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 the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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:
[Contracting Officer to list applicable excepted materials or indicate “none”]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act.
(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 Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
| Foreign construction material |
| _______ |
| _______ |
| _______ |
| Domestic construction material |
| _______ |
| _______ |
| _______ |
| Item 2: |
| _______ |
| _______ |
| _______ |
| Foreign construction material |
| _______ |
| _______ |
| _______ |
Domestic construction material
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
FAR 52.228-13 Alternative Payment Protections (JUL 2000)
(a) The Contractor shall submit one of the following payment protections:
(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 _________ 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.
AGAR 452.228-70 Alternative forms of Security (NOV 1996)
If furnished as security, money orders, drafts cashier’s checks, or certified checks shall be drawn payable to: USDA, Forest Service.
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
ATTACHMENT NO. OF PAGES
Drawing (Attached) 1
DAVIS BACON WAGE DETERMINATION See Below
DAVIS BACON RATES FOR STATE OF CALIFORNIA
COUNTY NAME(S): Shasta
GENERAL DECISION NUMBER CA09
MODIFICATION NUMBER PUBLICATION DATE
12 10/19/2012
| DESCRIPTION OF WORKER |
| LABOR |
CLASSIFICATION
| RATES |
| FRINGE |
| AREA |
(1,2,N/A)
| Carpenter |
| CARP1599-001 |
| $38.50 |
| $25.68 |
| N/A |
| Operator, Steel Scaffold & steel shoring Erector, Saw Filer |
| CARP1599-001 |
| $31.42 |
| $25.68 |
| N/A |
| Journeyman Carpenter |
| CARP1599-001 |
| $31.27 |
| $25.68 |
| N/A |
| Millwright |
| CARP1599-001 |
| $33.77 |
| $27.27 |
| N/A |
Operator, Power Equipment (Steel Erection )
| ENG0003-018 |
| $39.62 |
| $24.00 |
| Area 1 |
NOTE: The classifications listed above are the classifications of workers that are anticipated to be used for this particular project. If in preparing the bid or during the course of the contract you have a need for labor classifications other than those listed above, locate the complete Wage Determination from http://www.wdol.gov
PART IV—REPRESENTATIONS AND INSTRUCTIONS
SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR RESPONDENTS
NOTE: Offerors Should address questions concerning VETS-100 reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:
U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752 Website: www.vets100.cudenver.edu Reporting Questions: Helpdesk@vets100.com Reporting Verification: Verify@vets100.com
AGAR 452.219.70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 2005)
The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:
Contract line item(s) ALL --NAICS Code 238120 --Size Standard $14.0 Million average annual receipts
The small business size standard for a concern which submits an offer in its own name, other than a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (May 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238120.
(2) The small business size standard is $14.0 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA 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 clause at 52.204-7, Central Contractor Registration.
(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 Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 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 Sanctioned Activities 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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
__ (iv) 52.222-52, Exemption from Application of the Service Contract Act 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 Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA 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 ORCA.
FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012)
(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it o is, o is not a small business concern under NAICS Code _238120_____________ assigned to contract number ______________.
[Contractor to sign and date and insert authorized signer’s name and title].
FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (JUL 2012)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at…
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