RFQ - Lake Glendale Recreation Area.pdf
PDF 2 MB Posted
- Attached to
- GAOA Shawnee National Forest - Lake Glendale Recreation Area Main Transmission Line Replacement
- Solicitation number
- 12445522Q0030
- Issued by
-
Department of Agriculture Forest Service
About this file
This federal solicitation requests quotes to replace the main underground transmission electrical lines and inspect transformers within the Lake Glendale Recreation Area on the Shawnee National Forest. Offerors must have an active SAM registration and submit price and technical proposals by April 6, 2022. The technical proposal should include past performance, experience performing similar work, and technical approach. Price will be evaluated for reasonableness along with the technical factors of past performance, experience, and technical approach, which are more important than price. A pre-bid meeting will be held on March 11, 2022 at the project location. The solicitation includes standard clauses for construction contracts governed by the FAR.
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Other files
| File | Type | Posted |
|---|---|---|
| SF 30-AMENDMENT-0001 dated 03162022.pdf | ||
| AMENDMENT 0001 - Revised J3 Vicinity Map.pdf | ||
| J1 WAGE RATE DETERMINATION.pdf | ||
| J3 VICINITY MAP.pdf | ||
| J2 SITE PLANS.pdf |
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Text version
REQUEST FOR QUOTATION
I I
PA
E OF PAGES
rTHIS /SNOT AN ORDER)
THIS RFQ 1K) IS □ IS NOT A SMALL BUSINESS SET ASIDE
1. REQUEST NO. 12. DATE ISSUED 13. REQUISITION/PURCHASE REQUEST NO. r· CERT. FOR NAT. DEF. RATING
12445522Q0030 03/07/2022 1057709
UNDER BDSA REG. 2
AND/OR DMS REG.1
5a. ISSUED BY USDA-FS CSA EAST 13 6. DELIVERY BY (Dato)
CAROL NORTHROP 10/14/2022
4 FARM COLONY DRIVE 7. DELIVERY
WARREN PA 16365 1K] FOB DESTINATION □ OTHER
(See Schedule)
9. DESTINATION
a. NAME OF CONSIGNEE
SHAWNEE NATIONAL FOREST
5b. FOR INFORMATION CALL: (No collect cells)
NAME TELEPHONE NUMBER b. STREET ADDRESS AREACODE INUMBER 50 HWY 145 sCAROL NORTHROP 814 728-6242
8. TO:
a. NAME lb.COMPANY
c. STREET ADDRESS c.CITY
HARRISBURG
d. CITY e. STATE I f.ZIP CODE d. STATE l e.ZIP CODE
IL 62946
10. PLEASE FURNISH QUOTATIONS TO IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so
THE ISSUING OFFICE IN BLOCK 5a ON indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs OR BEFORE CLOSE OF BUSINESS (Date) incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic
04/06/2022 1600 CT
origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
1 1. SCHEDULE /Include BDDlicable Federal Stele and focal texes)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(a) (b) (c) (d) (e) (f)
GAOA SHF Lake Glendale Recreation Area Main Transmission Line Replacement
CONTRACTOR MUST BE REGISTERED IN
�ww.sam.gov/ in order to submit an offer on this tproject.
[ENTER UNIQUE ENTITY ID
Please complete this package and return by the response date via email to carol.northrop@usda.gov
�NTER PRICING ON SCHEDULE OF ITEMS ON PAGE 5 OF
THIS SOLICITATION PACKAGE
Period of Performance: 04/18/2022 to 10/14/2022 Continued
a. 10 CALENDAR DAYS(%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT ►
NUMBER
I
PERCENTAGE
NOTE: Additional provisions and representations LJare LJ are not attached
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS c.COUNTY d.CITY
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
I
8, STATE
I f.ZIP CODE
SIGN QUOTATION
16.SIGNER
a. NAME (Type or print) b. TELEPHONE
AREACODE
C, TITLE (Type or print) NUMBER
STANDARD FORM 18 (REV. 6-95 )
Prescribed by GSA- FAR (48 CFR) 53.215-1(a) carolnorthrop Highlight carolnorthrop Highlight carolnorthrop Highlight
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED
12445522Q0030
NAME OF OFFEROR OR CONTRACTOR
ITEM NO. SUPPLIES/SERVICES
(A) (B)
0001 GAOA Lake Glendale Recreation Area - Main
Transmission Line Replacement
Delivery: 10/14/2022
NSN 7540-01-152-8067
QUANTITY UNIT UNIT PRICE
(C) (D) (E)
PAGE
OF
AMOUNT
(F)
OPTIONAL FORM 336 (�6)
Solicitation No: 12445522Q0030 Project Name: GAOA Lake Glendale Recreation Area - Main Transmission Line Replacement
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
B.2 SCHEDULE NOTES
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
C.2 PROJECT LOCATON
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
C.4 TECHNICAL SPECIFICATIONS
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL COORESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
L.1 PROVISIONS
L.2 QUOTE PREPARATION INSTRUCTIONS:
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 PROVISIONS
M.2 PROPOSAL EVALUATION
M.3 TECHNICAL EVALUATION FACTORS
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
Main Underground Transmission Electric Line Replacement Lake Glendale Recreation Area
Shawnee NF Pope County, Illinois
B.1 SCHEDULE OF ITEMS
Item Supplies/Services Qty Unit of Issue
Total Price
0001 Replacement of Main Underground Transmission Line from pole to Duck Bay Picnic Area within the Lake Glendale Recreation Area, including a site plan details.
1 LS $
0002 Replacement of Main Underground Transmission Line Main Line to Oak Point and Goose Bay Picnic Area within the lake Glendale Recreation Area, including a site plan detail
1 LS $
TOTAL $
OFFEROR NAME
OFFEROR DUNS NUMBER
OFFEROR EMAIL ADDRESS
OFFEROR PHONE NUMBER
Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:
B.2 SCHEDULE NOTES
a. Contractor must be registered at www.sam.gov to be considered. THIS IS A FREE
REGISTRATION.
b. There will be a pre-bid meeting for this project. See page 40 for details.
c. There is a requirement to submit a technical proposal with your offer. See Section L & M for preparation instructions.
d. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.
e. This is a construction project which has the following bonding requirements:
- 20% bid bond for offers over $150,000 required with offer submission.
- 100% performance and payment bonds for offers over $150,000 upon award.
- See Section I for details.
- Proper bonding forms must be utilized. SF24, SF25 & SF25A forms can be accessed at https://www.gsa.gov/reference/forms
f. Due to mail/delivery limitations as a result of the COVID-19 pandemic, bid guarantees must be submitted electronically via email with quotes. NO FAXES OR HARDCOPIES
WILL BE ACCEPTED.
http://www.sam.gov/ https://www.gsa.gov/reference/forms carolnorthrop Highlight
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
This project consists of providing all labor, equipment, tools and materials to replace the 7200 V main underground transmission electrical lines, connections and inspect all transformers within the Lake Glendale Recreation Area on the Shawnee National Forest.
C.2 PROJECT LOCATON
From Harrisburg, IL - Take Highway 145 south 26.5 miles. Turn left into the recreation area off of Hwy 145.
C.3 MAGNITUDE OF CONSTRUCTION PROJECT
The Government's estimate is between $100,000 and $250,000
C.4 TECHNICAL SPECIFICATIONS
SECTION 260001 – BASIC ELECTRICAL REQUIREMENTS
Part 1 - GENERAL
1.1 GENERAL REQUIREMENTS
A. Provide the following: All labor, equipment, tools and materials to replace the 7200 V main underground transmission electrical lines, connections and inspect all transformers within the Lake Glendale Recreation Area.
B. Contractor shall coordinate as with Southeastern Illinois Electric Cooperative for connection with the meter and any associated transformers.
C. All work shall be done in accordance with the National Electrical Code, National Electric Safety Code and any superseding state or local code.
1.2 CURRENT SITE CONDITIONS
A. Currently the site is supplied electricity from a meter located within the southwestern portion of the recreation area. Access to the area is a dirt road from state highway 145 south of the main recreation are entrance.
B. The recreation site shall remain open. Contractor shall coordinate with concessionaire for temporary closure of the facilities as needed.
C. The main transmission line is an underground 7200 V line that was installed in 1968.
D. Replacement shall begin at the main meter. Approximate length from the meter on the pole to
Duck Bay Picnic Area transformer is 5,840 LF.
E. Approximate length from the main transmission line to Oak Point transformer and to Goose Bay Picnic Area transformer is 1,700 LF.
F. Five existing transformers with distribution panels shall be inspected and notify COR of any issues associated with them that might affect their performance.
G. Contractor shall verify all quantities.
H. Contractor shall locate all other utilities within the new line installation area.
Part 2 - PRODUCTS
2.1 GOVERNMENT FURNISHED MATERIALS
A. Site plans of the recreation area with approximate utilities locations.
B. Information on existing transformers and panels.
C. Government shall make available all drawings for improvements at the site involving all resent utility work.
2.2 CONTRACTOR FURNISHED MATERIALS
A. Commercially available Underground High Voltage Transmission cable, minimal 7200 V B. All necessary conduit, connectors, splicers, and other items recommended by manufacture.
C. Underground-Type plastic line marker shall be a standard permanent, bright-colored, continuous printed plastic tape intended for electric line buried cable and installed to standard.
D. Grounding material and installation drawing.
E. Drawing showing the location of proposed new line installation.
F. Contractor shall submit 3 copies of data information for all proposed furnished materials for approval to the COR prior to installation.
G. The COR shall inform contractor of approval or rejection of each item with in 14 days of receiving submissions and return a copy to the contractor.
Part 3 - EXECUTION
3.1 TRENCHING
A. All trenching shall be for power only with a minimum of 36” deep and wide enough to accommodate the conduit.
B. The conduit shall be bedded with a minimum of 4” of sand.
C. All primary conduit (7200V) must be 3” diameter rigid PVC, extra heavy, Schedule 80.
D. Install conduit and make conduit bends in accordance with NEC.
E. Trenching may cross surfaced roads instead of boring.
F. Any damage done to other utilities during trenching operations shall be contractors’ responsibility to repair.
3.2 ELECTRIC LINE INSTALLATION
A. Install electrical cable and connectors in accordance to manufactures instructions, applicable requirements, and industry practices.
B. Existing line may be abandoned in place in accordance with applied standards.
C. Contractor shall install new transmission line from the meter to each termination point;
i.e.…transformer, distribution panel, building disconnect, etc.
D. Minimum bending radius shall be according to manufacturer’s instructions.
E. Cable splices shall be made in accordance with the manufacturer’s instructions.
F. Install underground-Type plastic line marker according to manufactures instructions.
G. Each line shall be individually tested to ensure the full capacity of power is available to each termination point.
H. Notify COR immediately of any damage encountered to a building, distribution panel, or other sites within the project area.
3.3 BACKFILL AND FINAL GRADING
A. Minimum of 12 inches clean soil free of organic material shall be filled above new cable.
B. Remainder of backfill shall be native material free of large organic material from site.
C. Seed disturbed areas with lawn mixture and mulch with weed free straw.
D. Top 12 inches of backfill across road sections shall be CA 6 (crushed aggregate) topped with 4 inches of cold patch for a smooth transition across disturbed areas.
3.4 FINAL REPORT
A. Contractor shall provide a final report and drawings detailing the installation and location of all new line.
B. Report shall contain at a minimum a layout of the electrical lines with notations of any power disruption, disconnections made, and in the case of equipment damage within a building or distribution notations of the damaged items.
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)
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 180 days after contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
G.2 OTHER REQUIREMENTS
Post Award Conference (NOV 1996)
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 the Shawnee National Forest Harrisburg Office, Lake Glendale Recreation Area or via conference call.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
H.2 OTHER REQUIREMENTS
ARCHAEOLOGICAL OR HISTORIC SITES
If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION
(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
INSURANCE COVERAGE
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.
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
52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY
2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations
(MAY 2014)
52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN
2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction
Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT
2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)
52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)
Alternate I (NOV 1991) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)
(DEVIATION APR 2020)
52.246-21 Warranty of Construction (MAR 1994) 52.249-10 Default (Fixed-Price Construction) (APR 1984)
Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
(a) Definitions. As used in this clause— “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.
Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to Carol Northrop, Contracting Officer.
52.225-9 Buy American Act-Construction Materials (NOV 2021)
(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 product (as defined in paragraph (1) of the definition of “commercial product” 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 product or to the construction materials or components listed by the Government as follows:
___________NONE_____________________________________
[Contracting Officer to list applicable excepted materials or indicate "none"]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American 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.]
52.228-1 Bid Guarantee (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –
(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be _20__ percent of the bid price.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION APR 2020)
(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.
https://www.acquisition.gov/far/part-28#FAR_28_203_1
(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.
52.228-15 Performance and Payment Bonds -- Construction (JUN 2020) (DEVIATION APR 2020)
(a)Definitions. As used in this clause -- “Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.
(b) Amount of required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance Bonds (Standard Form 25, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A, EXCEPT THAT A SEAL IS NOT REQUIRED). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.
(3) Additional bond protection.
https://www.acquisition.gov/far/part-28#FAR_28_102_1
(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:
U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.
52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (FEB 2021)
(a)Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(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.
(b)The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c)The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
http://www.fms.treas.gov/c570/ https://www.acquisition.gov/far/part-28#FAR_28_203_1 https://www.acquisition.gov/far/part-52#FAR_52_228_1
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
(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 products or commercial services.
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(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.
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
J1 Davis Bacon Wage Rate Determination – IL20220016, Pope County J2 Site Plans J3 Vicinity Map
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 (JAN 2022) (DEVIATION JUL 2020)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is____238210____.
(2) The small business size standard is _$16.5M__.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition -
(i)Is set aside for small business and has a value above the simplified acquisition threshold;
(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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 products or commercial services.
(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 $92,319, the provision with its Alternate II applies.
(D) (C) If the acquisition value is $92,319 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.
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