Sol_AG-9AB5-S-16-0035.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

794791

USDA Forest Service

ATTN: Mary Cantrell 1600 Tollhouse Road Clovis, CA 93611

MARY CANTRELL 559-297-0706 ext: 4890

104/18/2016

AG-9AB5-S-16-0035

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 50 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

05/16/2016

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

MARY CANTRELL

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-9AB5-S-16-0035

SBNF Water Tank Rehabilitation FY16

NOTE: AN ORIGINAL PROPOSAL AND ONE COPY MUST BE

SENT TO THE ADDRESS SHOWN IN BLOCK 8 OR EMAILED

TO MECANTRELL@FS.FED.US, AND MUST BE RECIEVED BY

THE CLOSING DATE AND TIME SHOWN IN BLOCK 13.

Delivery: 50 Days After Notice to Proceed

Delivery Location Code: 9J55

USDA FOREST SERVICE

SAN BERNARDINO NATIONAL FOREST

602 S TIPPECANOE

SAN BERNARDINO CA 92408-2607 US

FOB: Destination

001 SBNF Water Tank Rehabilitation FY16 - Refurbish and upgrade the water storage facilities at

Keenwild Work Center and Mormon Rocks Station per the attachments

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-9AB5-S-16-0035

Water Tank Rehabilitation

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

PROJECT: SBNF WATER TANK REHABILITATION FY16

SAN BERNARDINO NATIONAL FOREST

*BASE BID*

PROJECT

A

KEENWILD

Pay Item Description Quantity Unit MM Unit Price Total Price

1 Mobilization 1 JOB LSQ

Prepare interior tank surface and install High Performance Coating Liner

2 LS CQ

Install Float Valve w/ flow limiting assembly

2 LS CQ

System restart, adjustment, disinfection, and water sampling test

1 LS CQ

TOTAL

PROJECT A

PROJECT

B

MORMON ROCKS

Pay Item Description Quantity Unit MM Unit Price Total Price

1 Mobilization 1 JOB LSQ

2 Refurbish Concrete water tank 1 LS CQ

Prepare interior tank surface and install High Performance Coating Liner

1 LS CQ

System restart, adjustment, disinfection, and water sampling test

1 LS CQ

TOTAL

PROJECT B

TOTAL BASE

BID

(PROJECT

A+B)

BEFORE PREPARING THIS PROPOSAL, CAREFULLY READ THE ENTIRE CONTENTS OF THIS

SOLICITATION. BIDDERS ARE FURTHER STRONGLY ENCOURAGED TO FULLY INSPECT THE ENTIRE

CONSTRUCTION SITE AND INVESTIGATE TRANSPORATION, WEATHER AND LOCAL LABOR

CONDITIONS. ANY AWARD WILL BE TO ONE BIDDER.

I [ ] DID, [ ] DID NOT ATTEND THE MANDATORY SITE VISIT

Contractor Name Signature DUNS# Date

C - SECTION C - Description/Specifications/Statement of Work

C.1 - Scope of Contract This project consists of refurbishing and upgrading the water storage facilities at Keenwild Work Center and Mormon Rocks Station.

C.2 - Project Location Project A: The Keenwild Work Center is located at 33°42'33.12"N, 116°43'8.78"W, in Riverside County, CA. The location can be reached by traveling south for 5 miles from Idyllwild, CA on

HWY 243.

Project B: The Mormon Rocks Fire Station is located at 34°19'1.04"N, 117°30'5.92"W, in San Bernardino County, CA. The location can be reached by travel 2 miles west on HWY 138 from I-15.

C.3 – Pre-Bid Tour A Pre-bid tour will be held on April 28, 2016 at 10:00 am. Attendance is MANDATORY.

Meetup will be at Mormon Rocks Station with a trip to Keenwild Work Center immediately following. Contact Damon Romero (909) 382-2615 for directions to the site and to verify the date/time of the tour.

C.4 - Estimated Start Date Summer, 2016 Contractor must begin work within 10 days of the effective date of the Notice to Proceed.

C.5 – Description and Technical Specifications The Contractor shall furnish all labor, equipment, transportation, permits, testing and incidentals necessary for the performance of the tasks specified in this Statement of Work. This project will consist of Projects A and B. All dimensions at Project locations are given as approximates from USFS current data (Contractor must field verify all dimensions). These are only brief descriptions of the work items for this contract. Contractor must follow all specifications on SBNF Water Tank Rehabilitation FY16 Specifications (see attachment).

The following is brief descriptions of the water storage facilities that will be refurbished and upgrading the water storage during the performance of this contract:

Project Water System Tank Size (Gal) & Type Location (Lat, Long)

A Keenwild 15,000 & Steel (2 tanks) 33°42'49.95"N, 116°42'42.85"W B Mormon Rocks 20,000 & Concrete (1 tank) 34°18'53.73"N, 117°30'14.22"W

Project A - This project will be located at the Keenwild Work Center. This project will consist of the following line items:

Pay Item (1) - Site Mobilization. See Specifications Section 01200, “Mobilization.”

Pay Item (2) - Prepare interior of two (2) steel 15,000 gallon water storage facilities (including application of manufacturer approved primer) to receive new high performance tank liner coating as per Specifications Section 09960. Install High Performance coating for interior of both existing 15,000 gallon water storage facilities as per Specifications Section 09960. NOTE:

The Keenwild tanks do not have interior ladders.

Pay Item (3) - Install two 2” CLA-VAL model 124-01 float valve with 2” CLA-VAL model X102 flow limiting assembles, or approved equals, one in each tank. Will require site visit and pressure testing on system and coordination with manufacturer to ensure proper valve sizing and installation. Replace interior inlet pipe in kind in each tank. Refer to Specifications Section 15040.

Pay Item (4) - System restart, adjustment of float valves, disinfection of drinking water system and water sampling tests per Specifications Sections 02675 and 15010. Provide proof from a certified laboratory that the water system is absent from Total Coliform and E. coli before turn over to the Government.

Project B – This project will be located at the Mormon Rocks Fire Station. This project will consist of the following line items:

Pay Item (1) - Site Mobilization. See Specifications Section 01200, “Mobilization.”

NOTE: Access to the Mormon Rocks tank is via a low volume dirt surface road. Contractor may require high clearance 4x4 vehicles to access the tank.

Pay Item (2) - Refurbish 20,000 gallon concrete water storage facility per Specifications Section 15010, including new interior plumbing, new float switch, new interior ladder, new exterior ladder with cage, new exterior liquid level gauge, new vent / drain screens, new drain riprap, and new hatch cover. Refurbish other items to remain as noted in Specification Section 15010.

Pay Item (3) - Prepare interior surface of concrete water tank (including application of manufacturer approved primer) and install High Performance coating liner on interior of existing 20,000 gallon water storage facility per Specifications Section 09960.

Pay Item (4) - System restart, adjustment of float switch, disinfection of drinking water system and water sampling tests per Specifications Sections 02675 and 15010. Provide proof from a certified laboratory that the water system is absent from Total Coliform and E. coli before turn over to the Government.

The Contractor(s) shall provide the Government with an electronic copy of the Work Plan for the project. This Work Plan shall include, but is not limited to, the following:

A listing of personnel, including subcontractor(s), working on the project. Proof of required training, certification and licensing for personnel performing work shall be provided in the work plan.

Sampling (Location of sampling points and explanation/rationale. Methods and procedures for collecting samples. Sample analytical methods including which samples will be analyzed, QA/QC, name of the certified lab and chain of custody).

Quality Assurance and Quality Control Plan Equipment decontamination procedures.

Waste storage and disposal methods.

Site Specific Safety, Health and Emergency Response Plan.

Procedures for protecting soils, vegetation and watersheds during performance of work.

List of equipment to be used on the project.

List of supplies to be provided.

Permit and notification requirements.

A hazardous material/waste management plan, which includes waste identification protocol, an explanation for reuse/disposal chosen, identification of the selected recycling facility or TSD facility. Documentation and certification of the facility’s ability to accept hazardous materials/wastes shall be provided as an attachment to the work plan.

Project Work Schedule.

Completed Schedule of Items

During field work, if substantial or unexpected latent materials or improvements are encountered on the site, Contractor shall immediately notifiy the Forest Contracting Officer for direction.

Proceeding without Forest Contracting Officer approval will be at the Contractors expense.

All work plans must be approved in writing by the Government prior to the commencement of that phase of work. All work plans shall include a wet ink signature and seal by one or more of the following California Registered professionals who have a minimum of five years’ experience in the drinking water industry.

C.6 – Measurement and Payment Payment for the project shall be made as indicated on the Schedule of Items, Section B, of this contract. Pay Items shall include all of the following: mobilization, work, administration fees, disposal and demobilization.

The Contractor shall, without additional expense to the Government, pay all Federal, State, County and Municipal fees applicable to the performance of the work.

The Contractor is responsible for payment of surety or performance bonds or guarantees required by San Bernardino County and Riverside County to complete the work covered in this Statement of Work.

The Contractor shall be responsible for all required testing and fees that are described in the approved Contractor's Work Plan.

C.7 - Restrictions on Work

1. In accordance with the fire plan, attached to contract.

2. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

3. No work on holidays without prior written approval of the Contracting Officer.

C.8 - Worker's 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.

C.9 - Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor may be permitted to camp elsewhere on US Forest Service land with prior written approval. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit.

C.10 – Special Conditions Affecting Work

a. Work Hours. Work hours are from 8:00am to 5:00pm Monday through Friday. Weekend equipment work is not allowed at any time during construction.

b. Safety, Emergency Communications and Evacuation. Contractor shall be responsible for the safety of the Contractor’s employees, Subcontractor’s employees, Government employees associated with the project, and any visitors to the site both Government and private. The Contractor shall submit a project safety plan to the Contracting Officer for review prior to commencement of work. The project safety plan shall comply with the appropriate California OSHA and Federal OSHA rules and regulations and must include a medical evacuation and emergency communications plan.

c. Highway Permits. Contractor shall be responsible for securing any overload or over width limit permits required for the transport of materials or equipment to the project site. The Contractor shall be responsible for conducting a thorough reconnaissance of all routes leading to the site.

d. Security. The Contractor shall be responsible for his own equipment and materials supplied to the site. All equipment not equipped with a key lock system shall be secured in such a manner as to make it inoperable to the average person at the end of each working day. All hand tools and other equipment shall be secured at the end of each working day. On Fridays all construction debris, trash, and refuse shall be properly stored in dumpsters or trash bins or removed from the site.

e. Fire Prevention. The Contractor shall comply with the Fire Plan included in the Contract.

f. Protection of Resources. Contractor shall thoroughly clean all equipment prior to delivery to the project site to remove weeds, seeds, mud, grease and oil buildup from the tires, wheels, tracks, engines and engine compartments, and other surfaces. Spills of petroleum products and other hazardous substances shall be reported, contained, and removed in accordance with all applicable Local, State and Federal laws and regulations.

g. Special Permits. The Contractor shall obtain all special permits and licenses and give all notices required for the performance and completion of the work, hauling, and disposal of debris. The Contractor is responsible for obtaining all permits and requesting permit extensions.

h. Asbestos Abatement. Asbestos (if found in structure) that is friable or may become friable must be reported to the Contracting Officer and possibly replaced.

C.11 – Project Site Cleanup Project site cleanup includes the daily removal and proper disposal of all trash, debris, and residue off of National Forest Land. All spills of petroleum products including leak spots from parked vehicles shall be removed and properly disposed of according to all Local, State, and Federal regulations and laws governing such disposal.

C.12 – Contractor Caused Spills and Releases The Contractor is solely responsible for any and all spills or leaks and subsequent clean up that may be required during the performance of this contract which occur as a result of or are contributed to by the actions of its agents, employees, or subcontractors. The Contractor agrees to clean up such spills or leaks to the satisfaction of the Forest Service and in a manner that complies with applicable Federal, state, and local laws and regulations. The cleanup shall be at no cost to the Forest Service. The contractor shall provide spill response materials including, but not limited to, containers, shovels and personal protective equipment. Spill response materials shall be available at all times in which hazardous materials and hazardous wastes are being handled or transported. Spill response materials shall be compatible with the type of material being handled or transported.

The contractor shall report all such spills or leaks, regardless of their quantity, to the Forest Service immediately upon discovery. A written follow-up report shall be submitted to the Forest Service no later than 24 hours after the initial telephonic report. The written report shall be in narrative form and as a minimum include the following:

Description of the item spilled (including identity, quantity, manifest no., etc).

Whether amount spilled is EPA/state reportable, and if so whether it was reported, and to whom.

Exact time and location of spill including a description of the area involved.

Containment procedures initiated.

Summary of any communications contractor has with press, Federal, state and local regulatory agencies and officials, or Forest Service officials.

Upon completion of the clean-up activities for contractor caused spills and releases, the contractor shall submit a final clean-up certification report to the Forest Service. The report shall include a description of clean-up procedures employed at the site, the final disposition and disposal location of spill residue. Include also copies of all spill related cleanup and closure documentation and correspondence from the regulatory agencies.

The Contractor shall provide to the Forest Service a written Hazard Communication Plan describing how they plan to deal with spills of each chemical on site. This plan shall be provided to the Forest Service within 4 days of contract award and shall be updated when new chemicals are used.

C.13 – Protection of Lakes and Streams All drainages channels, meadows, and stream courses in the Project Area shall be protected by the Contractor in accordance with requirements of the California Department of Fish and Wildlife and the California Water Quality Control Board. All water encountered during the construction of this Project shall be discharged in conformance to these requirements (refer to AGAR 452.236- 74).

C.14 – Applicable Codes and Standards See SBNF Water Tank Rehabilitation FY16 Specifications for applicable Codes and Standards.

C.15 – Contractor Qualifications and Licenses The Contractor must employ personnel trained in respective field to perform the work required under this Statement of Work. Substitution of Contractor personnel may not be made without the approval of the Forest Service. Contractor must possess a current and valid Class B “General Building Contractor” license or Class C-36 “Plumbing Contractor” license issued by the State of California to perform the applicable contract work.

C.16 – Point of Contact For questions or clarification about the project work, contact Mary Cantrell at mecantrell@fs.fed.us. All questions must be submitted in writing prior to bid closing date.

C.17 – Prevailing Wage This contract is subject to Davis-Bacon Act prevailing wage requirements. See FAR Clause 52.222-6.

C.18 – Conditions Affecting Award of Contract Contractors are directed to Section K, L and M of this contract. These sections contain questions and evaluation criteria that must be answered fully and completely by prospective bidders to be considered for award.

C.19 – AGAR 452.211-72 Statement of Work/Specifications. (FEB 1988)

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

C.20 – AGAR 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

D - SECTION D - Packaging and Marking

For this contract, there are no clauses in Section D

E - SECTION E - Inspection and Acceptance

E.1 – 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.acquisition.gov/far

52.246-1 Contractor Inspection Requirements. (APR 1984)

F - SECTION F - Deliveries or Performance

F.1 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.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html

52.242-14 Suspension of Work. (APR 1984) 452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

F.2 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 ten (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 fifty (50) calendar days from the effective date on the notice to proceed. The time stated for completion shall include final cleanup of the premises.

G - SECTION G - Contract Administration Data

G.1 FAR 52.236-26 Preconstruction Conference. (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

G.2 Payment for Materials Off Site

In accordance with Clause 52.237-4, progress payments may include payment for materials stored off site. Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary.

The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

G.3 Incidental Items

The intent of the contract is to provide for the completion of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment of items shown.

G.4 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

H - SECTION H - Special Contract Requirements

H.1 – 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://www.dm.usda.gov/procurement/policy/agar.html

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

H.2 – AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitableadjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.3 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 own prepared letterhead stationery or 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 will be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.4 Subcontracting

a) The Contractor shall submit to the Contracting Officer, in writing, plans to subcontract any portions of the work. The submittal shall include evidence that the subcontractor is experienced and equipped for such work. Written approval to subcontract any portion of the work is required prior to start of work by a subcontractor. Such approval will not be construed to relieve the Contractor of any responsibility under the contract.

b) The minimum proportion of work to be done by Contractors own forces is stated in Clause 52.219-14 (Nov. 2011). In general, this amounts to 15% for general construction, and 25% for Special Trades Contractors.

I - SECTION I - Contract Clauses

I.1 – 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.acquisition.gov/far

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

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 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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding

$15,000. (MAY 2014)

52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR

2015) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts. (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt payment for construction contracts. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

(JUL 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

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

Improvements. (APR 1984) 52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.244-6 Subcontracts for Commercial Items. (FEB 2016) 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

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

I.2 – 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 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;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, 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; and

(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.

(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.

I.3 – 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 Measure

Quantity Price (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.

I.4 – FAR 52.228-13 Alternative Payment Protections. (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

PAYMENT BOND

(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 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.

I.5 – FAR 52.236-6 Superintendence by the Contractor. (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

I.6 – FAR 52.236-21 Specifications and Drawings for Construction. (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both.

In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and

(2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission.

If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications.