DTFH70-11-Q-00001_WFLHD First Floor Bathroom Remodel.pdf

Request for Quotations

Solicitation No. DTFH70-11-Q-00011

WFLHD First Floor Bathroom Remodel

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7520 – FAX: (360) 619-793 Web site: http://www.wfl.fhwa.dot.gov/contracting/simplified e-mail : angy.liljedahl@dot.gov

Offers Due:

See Page 3, Block 13A

QUICK INDEX

Page Item --- Offer Submittal Checklist --- Authority to Sign --- Bid Bond --- Table of Contents 1 Instructions to Offeror 3 SF 1442, Solicitation, Offer and

Award 5 Project Bid 7 Solicitation Provisions 13 Contract Clauses 23 Davis-Bacon Wage Rates 33 Statement of Work

OFFER REMINDERS

Electronic offers will not be accepted.

Submit printed copy of offer to the address listed on the enclosed SF 1442. Before submitting your offer, please review the following:

Does the SF 1442, Solicitation, Offer & Award or letterhead stationary include the solicitation number, time specified in the solicitation for receipt of offers, name, address, and telephone number of the offeror and “Remit to” address, if different than mailing address?

Have you acknowledged all amendments?

Have you completed the Representations &

Certifications (Page B-1)?

Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1)?

Does the lower left corner of the proposal envelope state “Offer Enclosed”?

Does the lower left corner include the Solicitation Number and the project name?

Page 1 Instructions to Offeror

This solicitation is a Small Business Set-aside

PROJECT NAME : WFLHD FIRST FLOOR BATHROOM REMODEL

LOCATION : 610 EAST FIFTH STREET

CITY : VANCOUVER

COUNTY : CLARK

STATE : WASHINGTON

FIXED COMPLETION DATE SEE FAR CLAUSE 52.211-10

(FAR CLAUSES BEGIN ON PAGE 13)

DTFH70-11-Q-00011

Project: WFLHD First Floor Bathroom Remodel

Before submitting your offer, please review the following:

Done?

Is this in the envelope?

Bid Envelope

Did I correctly address the envelope? (See page 3, blocks 7 & 8) Does the lower left corner of the envelope include the Solicitation Number and the project name/number?

Offer Submittal (must be submitted on the SF 1442 or letterhead stationery)

Did I include the solicitation number?

Did I include the time specified in the solicitation for receipt of offers?

Did I include my name, address, and telephone number?

Did I include “Remit to” address, if different than mailing address?

Did I include my DUNS number?

Did I include the number & date of all amendments in block 19 of the 1442 or include the signed SF30?

Did an appropriate official sign the offer?

Bid Schedule/Price (see page 7) Did I insert a total lump sum fixed price?

Did I include the firm’s name on bid schedule?

Bid Guarantee

Did I submit an acceptable Bid Guarantee?

Authority to Sign Did I include a completed form for each person signing the SF1442 and/or Bid Bond if applicable?

Representations & Certifications & other fill-ins

Did I include the completed B-pages (beginning on B-1)?

Central Contractor Registration (CCR) http://www.ccr.gov Did I ensure our firm is currently registered in CCR?

Online Representations & Certifications Application (ORCA) http://orca.bpn.gov Are we up-to-date data in ORCA ?

Quotation Requirements Did I include a work schedule?

Did I include the Resume of the onsite Project Manager/Foreman?

Did I include Past Performance information for the past two years?

Did I include my submittals for sinks, partitions, tile and paint?

NOTE: The Contractor is fully responsible to verify that all data is correct each time a offerors package is submitted.

Driving Directions to our Vancouver Washington Office:

See our web page at http://www.wfl.fhwa.dot.gov/about/directions.htm

INSTRUCTIONS: When the offeror/principal is a corporation, include this certification with your offer/bid.

Corporate Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the corporation named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this corporation;

that the offer was duly signed for and on behalf of said corporation by authority and scope of its governing body, and within the scope of its corporate powers.

_____________________________________ (signature) Affix Corporate Seal

_____________________________________ (title)

THIS PAGE INTENTIONALLY LEFT BLANK

INSTRUCTIONS: When the offeror/principal is a limited liability company, include this certification with your offer/bid.

Limited Liability Certificate

I, ____________________________________________ (name), certify that I am the

________________________________________(title), of the limited liability company named as the Offeror/Principal herein;

that _________________________________________(name), who signed this offer and/or bid bond on behalf of ___________________________ (company name) is

________________________________________ (title) of this company;

that the offer was duly signed for and on behalf of said company by authority and scope of its governing body, and within the scope of its powers.

_____________________________________ (signature) Affix Company Seal (as applicable) __________ _________________________ (title)

INSTRUCTIONS: When the offeror/principal is a partnership, include this

Authority to Bind Partnership

This certifies that the names and signatures of all partners are listed below, and that the person signing the proposal has the authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all partners)

INSTRUCTIONS: When the offeror/principal is a joint venture, include this

Authority to Bind Joint Venture

This certifies that the person signing the proposal has the authority to actually bind the joint venture pursuant to its joint venture agreement, and that each of the named persons listed below individually has full authority to enter into and execute contractual instruments on behalf of said joint venture, except as follows:

(State “None” or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledge by the Contracting Officer.

(Include names and signatures of all applicable individuals)

INSTRUCTIONS: When the offeror/principal is a sole proprietorship, the signature on the offer/bid and on the bonds must be as follows:

Sole Proprietorship Requirement

An Offeror/Principal that is a sole proprietorship must submit an offer/bid and a bond signed by the sole proprietor, or by one duly authorized to sign for the sole proprietor.

If the signature is by someone other than the sole proprietor, a copy of the power of attorney authorizing the individual to sign must be provided with the offer/bid.

BID BOND

( See instructions on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date) OMB NO.: 9000-0045

Expires: 11/30/2012 Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA, Washington, DC 20405.

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

INDIVIDUAL

JOINT VENTURE

PARTNERSHIP

CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION (S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE

FOR (Construction, supplies, or Services)

INVITATION NO.

OBLIGATION

We, the Principal and Surety (ies) are firmly bound to the United States of America (hereinafter call the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit or liability is the full amount of the penal sum.

CONDITIONS:

The principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10 days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to executes such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each surety executing this instrument agrees that its obligations is not impaired by any extension(s) of the time for acceptance of the bid that the principal may grand to the Government. Notice to the surety (ies) of extensions (s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the periods originally allowed for acceptance of the bid.

WITNESS

The principal and Surety (ies) executed this bid bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

SU

R

ET

Y

A

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Pervious edition is usable

STANDARD FORM 24 (REV. 10-98)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

SU

R

ET

Y

B

NAME &

ADDRESS

STATE OF INC. LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INC.

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

C

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

D

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

E

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

F

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INC.

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

G

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. any deviation from this form will require the written approval of the Administrator of General Services.

2, Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., ab attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporation executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and address shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY (IES)." In the space designed "SURETY (IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), or each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word " Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "Offeror."

STANDARD FORM 24 (REV. 10-98) BACK

TABLE OF CONTENTS

DESCRIPTION PAGE

Instructions to Offeror

Solicitation, Offer, and Award (SF 1442)

Project Bid

FAR Provisions

FAR Clauses

TAR Clauses

WFLHD Contract Clauses

Minimum Wage Schedule

Statement of Work

Appendices

Appendix 1: WFLHD – First Floor Women’s Bathroom Remodel, Drawing D-1

Appendix 2: WFLHD – First Floor Men’s Bathroom Remodel, Drawing D-2.

Appendix 3: WFLHD – First Floor Bathroom Remodel Drawing Legend

Appendix 4: Example of Concrete Stain/Floor Finish

Appendix 5: Supply and Waste Grey Water Cross Connect

Appendix 6: Contractor Past Performance Worksheet

INSTRUCTIONS TO OFFEROR

PROPOSAL SUBMISSION REQUIREMENTS

Submit signed and dated quotations (hard copy only; email/fax are not authorized) to the office specified in this solicitation at or before the exact time specified in block 13 on page 1. Quotes may be modified or withdrawn by facsimile, if the notice is received by the time specified for submittal of quotes, FAX 360.619.7932.

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation, see SF1442, Block 13A. Offers that do not reach the Government office by the time specified in the solicitation will not be evaluated and will be ineligible for award.

Instructions for Preparation of Quotations

In responding to this RFQ, quotations must include:

1. WFLHD First Floor Bathroom Remodel Work Schedule: As part of the contractor’s bid package the contractor shall submit a schedule that identifies work tasks and associated time frames for all major tasks (Preparation, Demolition, Rough-In and Finish). Include the time frame for completion of the total project.

2. Bid Schedule/Price: A total lump sum fixed price.

3. A completed copy of the representations and certification. See FAR 52.204.8 for those representations and certifications, and instruction that the offeror shall complete electronically.

4. SF1442: Offers must be submitted on the SF 1442 or letterhead stationery.

a. As a minimum, SF1442 or letterhead stationary must show –

The solicitation number;

The time specified in the solicitation for receipt of offers;

The name, address, and telephone number of the offeror;

“Remit to” address, if different than mailing address;

5. Resume of onsite Project Manager/Foreman (the person who has day to day oversight of the project). The resume shall clearly identify experience, training/education, and qualifications.

6. Past Performance: Provide three past performance references on similar jobs performed in the last 2 years, supplied on the form contained in Appendix 6, Page 52.

7. Submittals for sinks, partitions (partition panels, doors, dividers, and partition hardware), tile and paint. Submittals shall include a general description, technical specifications (cut sheet), and warranties. (See Statement of Work section 4.2, pg. 35)

8. Bid Guarantee. If submitting a bid bond, use form SF 24 Bid Bond (available at:

http://www.gsa.gov/portal/forms/type/SF). (See FAR Clause 52.228-1 Bid Guarantee, Pg. 17)

Attention Limited Liability Company (LLC). If submitting a bid bond and you are an LLC, do not complete the “Type of Organization” block on the SF-24 Bid Bond form. None of the four boxes fit your entity. However, if you are an LLC and you are submitting a bid as part of a joint venture or partnership, check the applicable box.

Evaluation Factors for Award:

WFLHD will issue an order resulting from the request for quotations to the responsible offeror whose quotation results in the best value to the government, considering both price and non-price factors.

The following factors will be used to evaluate quotations.

1. Similarity of proposed submittals. The Submittals for sinks, partitions (partition panels, doors, dividers, and partition hardware), tile and paint will be evaluated on similarity (qualities, characteristics, and appearance) to the corresponding items in the second floor bathroom.

2. Price

3. Experience & qualifications of the onsite project manager / foreman.

4. Past Performance. The offeror’s past performance on related contracts will be evaluated to determine the likelihood of successful performance.

5. Reasonableness of the work schedule.

Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 45 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Data Universal Numbering System (DUNS) Number: 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 identified the Offeror’s name and address. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. Contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform.

Central Contractor Registration: The offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award. If the Offeror does not become registered in the CCR database, the Contracting Officer cannot proceed with award of the purchase order. Register online at http://www.ccr.gov

Contractor shall perform a walk-through of the work area prior to submitting bid documents. A mandatory walk-through of the work area has been scheduled. During the walk through prospective bidders will be provided opportunity to view the work area and all government provided equipment available. During the walkthrough interested bidders may take measurements, pictures, and ask questions about the work. The walkthrough will include a visit to a recently remodeled facility bathroom that includes many of the features identified for this project. See clause 52.236-27 (page 11) for additional details.

Drawings and material schedules are included with this statement of work. The contractor is responsible for identifying any discrepancies in dimensions or quantities shown on the drawings and schedules or contained in this statement of work prior to submittal. Contractor shall notify the Contracting Officer of any discrepancies that could affect the contractor’s ability to complete the work as described.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR INFORMATION

CALL:

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

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DTFH70-11-Q-00011 June 14, 2011 3 of 52

WFLHD Office Remodel

Federal Highway Administration Western Federal Lands Highway Division 610 East 5th Street Vancouver, WA 98661

Same as block #7

Angy L. Liljedahl angy.liljedahl@dot.gov Fax: 360-619-7932

This solicitation is a Request for Quotation for a lump sum firm fixed price, 100% set-a-side for small business'

NAICS code and size standard: 238390 and the size standard is $14.0 mil.

In strict accordance with: Federal Acquisition Regulations (FAR), Transportation Acquisition Regulations (TAR), Transportation Acquisition Manual (TAM) and the Davis Bacon Wage Act:

General Wage Determination: WA080047 05/13/2011 WA47 State: Washington, County: Clark, City: Vancouver

Purpose: Western Federal Lands Highway Division (WFLHD), Vancouver, WA intends to remodel two bathrooms to include work on floors, walls, ceilings, fixtures, partitions, plumbing, electrical, and life safety in its building at 610 E. 5th Street, Vancouver, WA. The purpose of this work is to upgrade to meet ADA requirements, install environmentally sustainable features and to modernize the bathrooms. The contractor performing the work is responsible for providing all tools, labor, equipment, materials, and services to perform the work as described in the Statement of Work

Estimated price range for this project is less than $150,000

“You can monitor contractor submitted questions and the Government’s answers at the following link:

http://www.wfl.fhwa.dot.gov/contracting/simplified/solicitations.htm. Click on View all answered questions.”

Clause 52.211.10

3 2:00 p.m.

July 6, 2011

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AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

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WFLHD Contract Clause (Page 21)

Angy L. Liljedahl

Submitted by: ______________________________________________________

Lump Sum Project Bid

TOTAL $

(Reserved) a angy.liljedahl Text Box

Solicitation Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

52.204-6 -- Data Universal Numbering System (DUNS) Number. (Apr 2008) 52.214-34 -- Submission of Offers in the English Language (Apr 1991) 52-214-35 -- Submission of Offers in U.S. Currency (Apr 1991)

PROVISIONS – FULL TEXT

52.204-8 Annual Representations and Certifications. (May 2011)

(a) (1) The North American Industry Classification (NAICS) code for this solicitation is 238390 Other Building Finishing Contractors.

(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) (B) Exceed the simplified acquisition threshold; and

(C) (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 Corporation Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(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, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II 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 Engaging in Sanctioned Activities Relating to Iran— 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 at http://orca.bpn.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.

52.222-5 Davis-Bacon Act—Secondary Site of the Work (July 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade: 4.5% Goals for Female Participation for Each Trade: 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Clark County, Washington.

52.225-10 Notice of Buy American Act Requirement—Construction Materials (Feb 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations

52.236-27 Site Visit (Construction) (Feb 1995) Alternate I (Feb 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

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

June 22, 2011 at 9:00 a.m.

(c) Participants will need to sign in at the front window. A government issued ID will be required to enter the building.

THIS SITE VISIT IS MANDATORY

(RESERVED)

Federal Acquisition Regulation Contract Clauses

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

www.acquisition.gov/far/

52.204-7 Central Contractor Registration (Apr 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial

Items) (May 2011) 52.219-6 Notice of Total Small Business Set-Aside (June 2003) 52.222-6 Davis-Bacon Act (July 2005) 52.222-7 Withholding of Funds (Feb 1988) 52.222-8 Payrolls and Basic Records (Jun 2010) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (July 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) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (Dec 2007) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

Alternate I (July 1995).

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (May 2008) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.227-4 Patent Indemnity—Construction Contracts (Dec 2007) 52.228-11 Pledges of Asset (Sept 2009) 52.228-14 Irrevocable Letter of Credit.(Dec 1999) 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-17 Interest (Oct 2010) 52.232-23 Assignment of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Oct 2008) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.245-1 Government Property (Aug 2010) 52.245-9 Use and Charges (Aug 2010) 52.246-12 Inspection of Construction (Aug 1996) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984)

Clauses (Full Text)

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 60 calendar days after notice to proceed; subject to such extensions as may be authorized. The time stated for completion shall include final cleanup of the premises.

52.219-28 Post-Award Small Business Program Re-Representation (April 2009)

(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/services/contractingopportunities/sizestandardstopics/.

(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 [ ] is, [ ] is not a small business concern under NAICS Code 238390 (Other Building Finishing Contractors) assigned to contract number __________________ [Contractor to sign and date and insert authorized signer’s name and title].

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.