RFQ_21Q0020_ElkCityRoof.docx

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NezPerce Clearwater NF, Red River RD, Elk City Roofing
Solicitation number
1240LU21Q0020
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Solicitation No: 1240LU21Q0020, Elk City Roofing, Page 37

Insert SF18, 1 page

Table of Contents

PART I—THE SCHEDULE4
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS4
B.1 SCHEDULE OF ITEMS4
B.2 SCHEDULE NOTES4
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK5
C.1SCOPE OF CONTRACT5
C.2PROJECT LOCATON5
C.3MAGNITUDE OF CONSTRUCTION PROJECT5
C.4TECHNICAL SPECIFICATIONS5
C.5CLAUSES5
SECTION D--PACKAGING AND MARKING6
D-1PACKING AND MARKING6
D-2PROJECT LABELING FOR OFFICIAL COORESPONDENCE6
SECTION E--INSPECTION AND ACCEPTANCE7
E.1CLAUSES7
SECTION F--DELIVERIES OR PERFORMANCE8
F.1CLAUSES8
SECTION G--CONTRACT ADMINISTRATION DATA9
G.1CLAUSES9
SECTION H--SPECIAL CONTRACT REQUIREMENTS10
H.1CLAUSES10
PART II--CONTRACT CLAUSES11
SECTION I--CONTRACT CLAUSES11
I.1CLAUSES11
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS32
SECTION J--LIST OF ATTACHMENTS32
J.1ATTACHMENTS32
PART IV--REPRESENTATIONS AND INSTRUCTIONS33
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND33
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS33
K.1PROVISIONS33
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS44
L.1PROVISIONS44
L.2QUOTE PREPARATION INSTRUCTIONS:44
SECTION M--EVALUATION FACTORS FOR AWARD51
M.1PROVISIONS51
M.2PROPOSAL EVALUATION51
M.3TECHNICAL EVALUATION FACTORS51

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS Comment by Johnson, Melissa -FS: Insert the schedule of items here

Base Item

Item Description

MM*
Est

Quantity Pay Unit Unit Price

Amount

001900

Mobilization

LSQ

LS

xx

021350 Waste Material Disposal

LSQ

LS

xx

024119
Selective Demolition

LSQ

LS

xx

062030

Carpentry

AQ

SF

074113

Metal Roof Panels

AQ

SF

077253

S-5 Colorgard Snow Retention System

AQ

LF

Total (Base Items)

Option Item

**Gutter System with Screen
AQ
135
LF

TOTAL (All Base and Option Items)

B.2 SCHEDULE NOTES Comment by Johnson, Melissa -FS: Include necessary information to assist the contractor in completing the price schedule and any other information you wish to highlight.

*MM = Method of Measurement LSQ - Lump Sum Quantity AQ – Actual Quantity

**NOTE: SEE SPECIFICATIONS UNDER METAL PANELS FOR OPTIONAL GUTTER SYSTEM WITH SCREEN.

Quote on all items. Only quotes to the nearest cent will be accepted. Estimated square foot areas are provided for bidding purposes, it is the Contractor’s responsibility to confirm actual qualities for construction purposes.

Option Item The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option item by written notice to the Contractor within 60 days after contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. It is the unilateral right of the Government to exercise Option Item at the price agreed upon. Award of option item is contingent on availability of funds and in the best interest of the Government.

Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for option item to the total price for the basic requirement. Evaluation of option item will not obligate the Government to exercise the additive items.

B-3 Permits and Responsibilities. Idaho Use Tax, FAR Clause 52.236-7 Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Comment by Johnson, Melissa -FS: Insert applicable information into these sections.

C.1 SCOPE OF CONTRACT

Project consists of removing and replacing the existing roofs with new roofing, including underlayment materials, roofing, flashing, fascia, ridge caps (as required), waterproofing, and all other incidental work to complete the project. The existing roofing materials shall be disposed of at a county approved landfill or by other legal means. The Contractor shall provide all materials and labor necessary to complete the work in a professional workman like manner and in accordance with attached specifications and manufacturer’s installation instructions and drawings. All lots of roofing materials must be from the same manufacturer to ensure consistency. Final cleanup shall be considered incidental to the work.

The building must be protected from leakage and exposure to the weather during removal of the existing roof and completion of the new roof.

Contractor shall be responsible for verifying roofing dimensions and for the repair of incidental damage to premises.

Building Descriptions: Elk City, The District Duplex Building #1009 is a single story residential duplex building, with a basement, that has a surface area of approximately 2500 square feet. Lower edge of roof is approximately 12’ above ground level.

C.2 PROJECT LOCATON

Elk City Ranger Station is located in Elk City, Idaho County, Idaho and is within the Nez Perce-Clearwater National Forests. Elk City Ranger Station is located approximately 125 miles east of Lewiston, Idaho. From Lewiston, Idaho travel east along U.S. Highway 12 to 63 miles to Grangeville, Idaho, travel through Grangeville on State Highway 13 and continue 16 miles to the junction of State highway 14 turn right and continue 50 miles to Elk City then turn left on American River road 0.2, veer right 0.2 miles to stay on American river road, then take first right into the USFS Drive, Office building is on the left. The receptionist can direct you to the duplex

C.3 MAGNITUDE OF CONSTRUCTION PROJECT

Between $25,000 - $100,000

C.4 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) Comment by Johnson, Melissa -FS: Include if Specifications are attached rather than included in Section C.

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.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) Comment by Johnson, Melissa -FS: Include if there are attachments in Section J.

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

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1CLAUSES
52.211-18Variation in Estimated Quantity (APR 1984)Comment by Johnson, Melissa -FS: Use when contract authorizes a variation in estimated quantity of unit-priced items.
52.242-14Suspension of Work (APR 1984)Comment by Johnson, Melissa -FS: Use in all fixed price construction contracts.

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Comment by Johnson, Melissa -FS: Use in all fixed price construction contracts.

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 October 1, 2021. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

452.215-73 Post Award Conference (NOV 1996) Comment by Johnson, Melissa -FS: Use if requiring a post award conference with the contractor.

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at TBD.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.237-74 Key Personnel (FEB 1988) Comment by Johnson, Melissa -FS: Use if you wish to restrict substitutions of personnel. Fill in the blank.

(a) The Contractor shall assign to this contract the following key personnel:

On Site Representative

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Use of Premises The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business. Contractor will have access to Electricity, Water, and Utilities available on site.

Safety. This administrative site will be open to the public and Government personnel during construction operations under this contract. Portions of the building or premises may be closed at the discretion of the CO. Site shall be kept clean, safe, and professional during contract period. The contractor shall provide for the safety of the public and others present within the site, including preventing fall hazards for open trenches, protection from wires and electric shock, and maintaining a safe working space between moving machinery and the public.

All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

Disposal Site. All materials to be disposed of by the Contractor shall be removed from the project site and disposed of at an acceptable site off of Forest Service lands. It is the Contractor’s responsibility to locate an acceptable disposal area, and to pay all costs involved in the disposal of materials.

Clean Up. The Contractor shall maintain the work area in a clean and orderly condition. The work area shall be cleaned at the end of each workday. The work area shall be thoroughly cleaned of waste materials, nails, and debris at the end of construction

All construction methods and procedures shall be in compliance with applicable OSHA regulations, 29 CFR art 1926 and Part 1910. Provide appropriate safety barricades and signs to protect the public from construction hazards.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 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 clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-7Anti-Kickback Procedures (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding $150K.
52.203-12Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts exceeding $150K.
52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-10Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts $30K or more
52.204-13System for Award Management Maintenance (OCT 2018)
52.204-18Commercial and Government Entity Code Maintenance (AUG 2020)Comment by Johnson, Melissa -FS: Required in contracts that contain provision 52.204-16.
52.204-19Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-23Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)
52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)Comment by Johnson, Melissa -FS: Use if value exceeds $35K
52.209-10Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.215-8Order of Precedence—Uniform Contract Format (OCT 1997)Comment by Johnson, Melissa -FS: Use in all solicitations and contracts for construction.
52.219-6Notice of Total Small Business Set-Aside (NOV 2020)Comment by Johnson, Melissa -FS: Use in solicitations and contracts set aside for small business
52.219-28Post Award Small Business Program Rerepresentation (NOV 2020)
52.222-3Convict Labor (JUN 2003)Comment by Johnson, Melissa -FS: Use in solicitations and contracts over micro.
52.222-4Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018)Comment by Johnson, Melissa -FS: Use if over $150K and include the use of laborers or mechanics. (Not required for contracts in Puerto Rico)
52.222-6Construction Wage Rate Requirement (AUG 2018)Comment by Johnson, Melissa -FS: Use in construction solicitations and contracts over $2K.
52.222-7Withholding of Funds (MAY 2014)
52.222-8Payrolls and Basic Records (AUG 2018)
52.222-9Apprentices and Trainees (JUL 2005)
52.222-10Compliance with Copeland Act Requirements (FEB 1988)
52.222-11Subcontracts (Labor Standards) (MAY 2014)
52.222-12Contract Termination - Debarment (MAY 2014)
52.222-13Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)
52.222-14Disputes Concerning Labor Standards (FEB 1988)
52.222-15Certification of Eligibility (MAY 2014)
52.222-21Prohibition of Segregated Facilities (APR 2015)Comment by Johnson, Melissa -FS: Use if including 52.222-26
52.222-26Equal Opportunity (APR 2016)Comment by Johnson, Melissa -FS: Use unless exempt (see 22.807a)
52.222-27Affirmative Action Compliance Requirements for Construction (APR 2015)Comment by Johnson, Melissa -FS: Use if including 52.222-26 and contract is expected to exceed $10K.
52.222-35Equal Opportunity for Veterans (JUN 2020)Comment by Johnson, Melissa -FS: Use if value is expected to be $150K or more.
52.222-36Equal Opportunity for Workers with Disabilities (JUN 2020)Comment by Johnson, Melissa -FS: Use if expected to exceed $15K unless work is in Puerto Rico.
52.222-37Employment Reports on Veterans (JUN 2020)Comment by Johnson, Melissa -FS: Use if including 52.222-35.
52.222-50Combating Trafficking in Persons (OCT 2020)
52.222-54Employment Eligibility Verification (OCT 2015)Comment by Johnson, Melissa -FS: Use if expected to exceed $150K except those for work outside the US or have a PoP of less than 120 days
52.222-55Minimum Wages under Executive Order 13658 (NOV 2020)Comment by Johnson, Melissa -FS: Use if clause 52.222-6 is included and work is in the US.
52.222-62Paid Sick Leave under Executive Order 13706 (Jan 2017)Comment by Johnson, Melissa -FS: Use if clause 52.222-6 is included and work is in the US.
52.223-2Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)Comment by Johnson, Melissa -FS: Use unless the contract does not involve the use of biobased products.
52.223-3Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021)Comment by Johnson, Melissa -FS: Use if the contract will require the delivery of hazardous materials as defined in 23.301
52.223-5Pollution Prevention and Right-to-Know Information (MAY 2011)Comment by Johnson, Melissa -FS: Use if performance is in whole or in part on a federal facility
52.223-18Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
52.225-13Restrictions on Certain Foreign Purchases (FEB 2021)Comment by Johnson, Melissa -FS: Use in all unless an exception applies
52.226-1Utilization of Indian Organizations and Indian-Owned Economic Enterprises (June 2000)Comment by Johnson, Melissa -FS: Use if the CO determines that subcontracting possibilities exist for these orgs and funds are available for any increased costs
52.227-1Authorization and Consent (JUN 2020)Comment by Johnson, Melissa -FS: Use if over SAT. Not for use for contracts outside US. Optional under SAT.
52.227-2Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)
52.227-4Patent Indemnity -- Construction Contracts (DEC 2007)
52.228-2Additional Bond Security (OCT 1997)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.228-5Insurance – Work on a Government Installation (JAN 1997)Comment by Johnson, Melissa -FS: Use over SAT for work on a government installation unless work is outside the US. Optional under SAT.
52.228-12Prospective Subcontractor Requests for Bonds (MAY 2014)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.228-14Irrevocable Letter of Credit (NOV 2014)Comment by Johnson, Melissa -FS: Use if bonding is required (over $35K)
52.232-5Payments under Fixed-Price Construction Contracts (MAY 2014)Comment by Johnson, Melissa -FS: Use in fixed price construction contracts
52.232-17Interest (MAY 2014)Comment by Johnson, Melissa -FS: Use in contracts over SAT. Optional below SAT.
52.232-23Assignment of Claims (MAY 2014)Comment by Johnson, Melissa -FS: Use over micro unless prohibiting assignments (see 32.803)

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

52.232-33Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)Comment by Johnson, Melissa -FS: If including 52.204-7 unless payment will be made by GPC.
52.232-39Unenforceability of Unauthorized Obligations (JUN 2013)
52.233-1Disputes (MAY 2014) Alt 1 (DEC 1991)
52.233-3Protest after Award (AUG 1996)
52.233-4Applicable Law for Breach of Contract Claim (OCT 2004)
52.236-2Differing Site Conditions (APR 1984)Comment by Johnson, Melissa -FS: Use if over SAT. Optional under SAT.
52.236-3Site Investigation and Conditions Affecting the Work (APR 1984)
52.236-5Material and Workmanship (APR 1984)
52.236-6Superintendence by the Contractor (APR 1984)Comment by Johnson, Melissa -FS: Use if over SAT. Optional under SAT.
52.236-7Permits and Responsibilities (NOV 1991)
52.236-8Other Contracts (APR 1984)Comment by Johnson, Melissa -FS: Use in all over SAT. Optional under SAT.
52.236-9Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)
52.236-10Operations and Storage Areas (APR 1984)
52.236-11Use and Possession Prior to Completion (APR 1984)
52.236-12Cleaning Up (APR 1984)
52.236-13Accident Prevention (NOV 1991)
Alternate I (NOV 1991)Comment by Johnson, Melissa -FS: Use if work is of a long duration or hazardous nature.
52.236-14Availability and Use of Utility Services (APR 1984)Comment by Johnson, Melissa -FS: Use if utilities are available for contractor use. List available utilities in the specifications.
52.236-17Layout of Work (APR 1984)Comment by Johnson, Melissa -FS: Use in FFP construction and use of this clause is appropriate due to a need for accurate work layout and for siting verification during performance.
52.236-21Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

52.243-5Changes and Changed Conditions (APR 1984)Comment by Johnson, Melissa -FS: Use under SAT
52.244-6Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020)
52.245-1Government Property (JAN 2017) - Alt 1 (APR 2012)Comment by Johnson, Melissa -FS: Use if providing government property.
52.245-9Use and Charges (APR 2012)
52.246-21Warranty of Construction (MAR 1994)Comment by Johnson, Melissa -FS: Use in FFP construction contracts and the use of a warranty clause has been approved under agency procedures. Use Alt 1 if brand name products are specified.

Alternate I (MAR 1994)

52.248-3Value Engineering – Construction (OCT 2020)Comment by Johnson, Melissa -FS: Use if over SAT unless an incentive contract is contemplated. Optional under SAT..
52.249-1Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984)Comment by Johnson, Melissa -FS: Use under SAT. Use Alt I for DDR contracts

Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984) Comment by Johnson, Melissa -FS: Use in FFP construction contracts under SAT. Use with Alt 1 for demo, dismantling, removal.

Alternate I (APR 1984)

52.253-1Computer Generated Forms (JAN 1991)
452.232-70Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)Comment by Johnson, Melissa -FS: Use when bonds are required (over $35K)
452.236-71Prohibition against the Use of Lead-Paint (NOV 1996)Comment by Johnson, Melissa -FS: Use if work involves rehab of buildings
452.236-72Use of Premises (NOV 1996)
452.236-73Archeological or Historic Sites (FEB 1988)Comment by Johnson, Melissa -FS: Use if work is in an area where they might find historic sites.
452.236-74Control of Erosion, Sedimentation and Pollution (NOV 1996)Comment by Johnson, Melissa -FS: Use if applicable need exists
452.236-76Samples and Certificates (FEB 1988)
452.236-77Emergency Response (NOV 1996)

52.225-9 Buy American Act-Construction Materials (FEB 2021) Comment by Johnson, Melissa -FS: Use 225-9 for construction contracts under $7,008,000

(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 Federal Acquisition Regulation (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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"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 domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 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.

(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)* Item1:

Foreign construction material_____________________
Domestic construction material_____________________

Item2:

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.]

52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020) Comment by Johnson, Melissa -FS: Use if bonds are required (over $35K)

(a) The Contractor shall obtain from each person acting as an individual surety on a performance bond or a payment bond - (1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety, [except that the words “being duly sworn, depose and say” on the Standard Form 28 are replaced with the word “affirm” and the Standard Form 28 is not required to be sworn and notarized in block 12].

(b)The Contracting Officer may release a portion of the security interest on the individual surety's assets based upon substantial performance of the Contractor's obligations under its performance bond. The security interest in support of a performance bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 (40 U.S.C. 3131). Until completion of any warranty period, or for 1 year following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (b)(1) of this clause. Until completion of any warranty period, or for 90 days following final payment, whichever is later.

(c)A surety's assets pledged in support of a payment bond may be released to a subcontractor or supplier upon Government receipt of a Federal district court judgment, or a sworn statement by the subcontractor or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that it approves of such release. The security interest on the individual surety's assets in support of a payment bond shall be maintained—

(1) Contracts for the construction, alteration, or repair of any public building or public work of the Federal Government exceeding $150,000 which require performance and payment bonds (40 U.S.C. 3131). For 1 year following final payment, or until resolution of all pending claims filed against the payment bond during the 1-year period following final payment, whichever is later.

(2) Contracts subject to alternative payment protection (see FAR 28.102-1(b)(1)). For the full contract performance period plus 1 year.

(3) Other contracts not subject to the requirements of paragraph (c)(1) of this clause. For 90 days following final payment.

(d)The Contracting Officer may allow the Contractor to substitute an individual surety, for a performance or payment bond, after contract award. The Contractor shall comply with the requirements of paragraph (a) of this clause within the timeframe established by the Contracting Officer.

52.228-13 Alternative Payment Protections (JUL 2000) (applicable value $35,000 - $150,000) Comment by Johnson, Melissa -FS [2]: Use in solicitations and contracts for construction, when the estimated or actual value exceeds $35,000 but does not exceed $150,000. Complete the clause by specifying the payment protections selected (see 28.102-1(b)(1)) and the deadline for submission. The contracting officer may revise paragraph (b) of the clause to establish a lower percentage in accordance with 28.102-2(c).

See FAR 28.102-1 for all payment protections options that you can choose from

(a) The Contractor shall submit one of the following payment protections Payment Bond or Irrevocable letter of credit (ILC).

(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.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.236-4 Physical Data (APR 1984) Comment by Johnson, Melissa -FS: Use if physical data is provided to offerors.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surface observations.

(b) Weather conditions Normal snow conditions indicate a work season from approximately June 1 to November 1. It is anticipated that frost is present during the contract time frame

52.252-6 Authorized Deviations in Clauses (NOV 2020) Comment by Johnson, Melissa -FS: Use if there are clause deviations.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.211-71 Equal Products Offered (NOV 1996) Comment by Johnson, Melissa -FS: Use if specifying brand name products.

(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product:

Contract Line Item Number (if any): _____________________________ Brand Name or Equal Product identified by the Government in this solicitation:_ _________________________________ Offered Product Name:___________________________________________ Catalog Description or part number:_________________________________ Manufacturer's Name:____________________________________________ Manufacturer's Address:__________________________________________

(b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS Comment by Johnson, Melissa -FS: List any attachments here. Drawings, plans, wage determination, maps, etc.

Wage Determination

Special Project Specifications The following Special Project Specifications are applicable to this contract and are physically included in this section:

SECTION 000500 – SUMMARY OF WORK

SECTION 001900 – MOBILIZATION

SECTION 011250 - MEASUREMENT AND PAYMENT

SECTION 017320 – SELECTIVE DEMOLITION

SECTION 021350 - WASTE MATERIAL DISPOSAL (LANDFILL)

SECTION 062030 - CARPENTRY

SECTION 074113 - METAL ROOF PANELS

SECTION 077253 - COLORGARD SNOW GUARDS

SECTION 079000 - CAULKING AND SEALANTS

Exhibits The following exhibits are a part of this solicitation and any resulting contract:

Elk City District Duplex #1009 photo

Roof Sketch

Administrative Site Aerial

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

52.204-8 Annual Representations and Certifications (MAR 2020) (DEVIATION JUL 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238160 Roofing Contractors.

(2) The small business size standard is $16.5 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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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 SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000 $50,000, 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) (B) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) (C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR…

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