Sol_1282A720Q0130.pdf
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- Attached to
- Jacobs Creek Job Corps Center Roofing Projects Federal contract opportunity
- Solicitation number
- 1282A720Q0130
- Issued by
- Department of Agriculture Forest Service
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| J-3 JAC_Roofing_MapPhotos.pdf | ||
| J-4 Wage Determiantion TN20200105 01032020.pdf | ||
| J-2 JAC_Roofing_Specs.pdf |
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
1015368
JOB CORPS AQM
USDA FOREST SERVICE
1617 COLE BLVD
LAKEWOOD CO 80401
82A7
BRADLEY HIGLEY
b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
110/27/2020
1282A720Q0130
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
J-1 Solicitation 1282A720Q0130
J-2 JAC_Roofing_Specs
J-3 JAC_Roofing_MapPhotos
J-4 Wage Determination TN20200105 01032020
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 90 calendar days and complete it within ________________ ________________ calendar days after receiving
__11/27/200
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
JOB CORPS AQM
USDA FOREST SERVICE
1617 COLE BLVD
LAKEWOOD CO 80401
82A7
JENNIFER L. MCCORD
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 29
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1282A720Q0130
Delivery: 90 Days After Notice to Proceed
Delivery Location Code: 4763
JACOBS CREEK JCC
984 DENTON VALLEY RD
BRISTOL TN 37620 US
0001 Building 301 Roof Replacement
0002 Building 504 Roof Rehab
FOB: Destination
0003 Building 504D Roof Repair and Replacement
FOB: Destination
0004 Building 514 Painting and Gutter Repair
FOB: Destination
0005 Building 608 Roof Replacement
FOB: Destination
0006 Building 705 Roof Replacement
FOB: Destination
The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice
Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 29
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1282A720Q0130
All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.
Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Issued: October 27, 2020
This solicitation is issued as a Request for Quotation (RFQ)
This procurement is a 100% small business set-aside. The North American Industry Classification System (NAICS) code for this acquisition is 238160. For the purpose of this procurement the small business size standard is 15.0 million.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-09. Award will be a firm fixed price contract. Paper copies of the Request for Quotation will not be made available.
Quotations shall be e-mailed NO LATER THAN November 27, 2020, to the following e-mail address: Brad Higley at bradley.higley@usda.gov
Project location: This project is located at the Jacobs Creek Job Corps Center located at 984 Denton Valley Rd, Bristol, TN 37620
Disclosure of the Magnitude of Construction Projects: $100,000.00 - $250,000.00
Contact: Brian Piontek, 423-217-6417, brian.g.piontek@usda.gov to schedule a site visit, concerning project, location and site conditions.
Potential offerors are strongly encouraged to visit the site on their own and evaluate the work outlined in this solicitation and attachments J-1 - J-4.
Return the following documents with your quote to be considered responsive:
1. Signed SF-1442 with any Amendment acknowledgements
2. Section B Pricing include a breakout of your pricing.
3. Relevant and recent experience
4. References for past performance
Return the above documents to Contract Specialist Brad Higley at Bradley.higley@usda.gov
Section B – SUPPLIES or SERVICES & PRICES
TOTAL PROJECT QUOTE:
NOTES:
Offerors must submit pricing on all items to be considered responsive. Round to the nearest cent
Item 0001 – 0007 Notice to Offeror(s): Funds are not presently available for Item 0001-0007. No award will be made for this line item until funds are available.
Schedule of Items Jacobs Creek JCCCC Building 301, 311, 504, 608, and 705 – Roof Replacement
ITEM
NUMBER
DESCRIPTION METHOD OF MEAS. UNIT QTY. PRICE TOTAL
Base Items
0001 Building 301 Roof Replacement LSQ LS 1 0002 Building 504 Roof Rehabilitation LSQ LS 1 0003 Building 504D Roof Repair and ReplacementLSQ LS 1 0004 Building 514 Painting and Gutter Repair LSQ LS 1 0005 Building 608 Roof Replacement LSQ LS 1 0006 Building 705 Roof Replacement LSQ LS 1
Optional Items
0007 Sheathing Replacement AQ SF 960
Total
Designated Method of Measurement: LS-Lump Sum
Price quotation furnished by:
Name: Phone: ( )
Address:
E-mail:
DUNS #:
452.211-72 Statement of Work/Specifications. (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
BIOBASED PRODUCTS
The contractor must comply with the Agriculture Act of 2014; the Food, Conservation and Energy Act of
2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 9FSRIA), 7 U.S.C.
8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in
Environmental, Energy and Economic Performance”, dated October 2, 2009; EO 13423, “Strengthening
Federal Environmental, Energy and Transportation Management”, dated January 24, 2007; and Presidential
Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and
Sustainable Product Procurement,” dated February, 2012 to provide biobased products.
All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.
For more information regarding the Department of Agriculture Biobased Program go to:
http://www.biopreferred.gov
52.223-1 Biobased Product Certification (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(c)
(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United
States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States
Department of Agriculture (USDA)-designated items unless-
(1) The product cannot be acquired-
(i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR
3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall-
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of http://www.biopreferred.gov/ any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between
October 1 and September 30; and
(2) Submit this report no later than-
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
(End of clause)
Section E - INSPECTION AND ACCEPTANCE
52.246-1 Contractor Inspection Requirements. (APR 1984)
52.246-12 Inspection of Construction. (APR 1996)
Section F - DELIVERIES OR PERFORMANCE
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 90 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.
Section G - CONTRACT ADMINISTRATION DATA
452.215-73 Postaward Conference. (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled with the successful contractor after the date of contract award.
Invoicing/Payments. All payments are processed using The Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
The IPP Customer Support Desk is available to assist users Monday through Friday (excluding
Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at
IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.
Section H - SPECIAL CONTRACT REQUIREMENTS
452.236-72 Use of Premises. (NOV 1996)
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the
USDA, the
Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the
Contractor.
(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.
Section I - CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html
52.204-7 System for Award Management. (OCT 2016)
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)
52.211-18 Variation in Estimated Quantity. (APR 1984)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)
52.222-3 Convict Labor. (JUN 2003)
52.222-6 Construction Wage Rate Requirements. (MAY 2014)
52.222-7 Withholding of Funds. (MAY 2014)
52.222-8 Payrolls and Basic Records. (MAY 2014)
52.222-9 Apprentices and Trainees. (JUL 2005)
52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)
52.222-11 Subcontracts (Labor Standards). (MAY 2014)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
52.222-15 Certification of Eligibility. (MAY 2014)
52.222-21 Prohibition of Segregated Facilities. (APR 2015)
52.222-26 Equal Opportunity. (SEP 2016)
52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(SEP 2013)
52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)
52.228-2 Additional Bond Security. (OCT 1997)
52.228-11 Pledges of Assets. (JAN 2012)
52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)
52.232-5 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. (JUL 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 Protest after Award. (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.236-2 Differing Site Conditions. (APR 1984)
52.236-5 Material and Workmanship. (APR 1984)
52.236-6 Superintendence by the Contractor. (APR 1984)
52.236-7 Permits and Responsibilities. (NOV 1991)
52.236-8 Other Contracts. (APR 1984)
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
(APR 1984)
52.236-10 Operations and Storage Areas. (APR 1984)
52.236-11 Use and Possession Prior to Completion. (APR 1984)
52.236-12 Cleaning Up. (APR 1984)
52.236-13 Accident Prevention. (NOV 1991)
52.236-16 Quantity Surveys. (APR 1984)
52.236-17 Layout of Work. (APR 1984)
52.236-21 Specifications and Drawings for Construction. (FEB 1997)
52.236-26 Preconstruction Conference. (FEB 1995)
52.243-5 Changes and Changed Conditions. (APR 1984)
52.244-6 Subcontracts for Commercial Items. (NOV 2017)
52.245-1 Government Property. (Jan 2017)
52.246-21 Warranty of Construction. (MAR 1994)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR
1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984)
452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)
452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996)
452.236-72 Use of Premises. (NOV 1996)
452.236-73 Archaeological or Historic Sites. (FEB 1988)
452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)
52.219-28 Post-Award Small Business Program Rerepresentation. (JUL 2013)
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the
Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code
238160 assigned to contract number.
52.225-9 Buy American - Construction Materials. (MAY 2014)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item- (1) Means any item of supply (including construction material) that is-
(i) A commercial item (as defined in paragraph (1) of the definition at FAR
2.101);
(ii) Sold in substantial quantities in the commercial marketplace;
and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.
The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph
(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of construction material.
Domestic construction material means-
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy
American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The
Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: (3) The
Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any
Contractor request to use foreign construction material in accordance with paragraph
(b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph
(d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the
Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy
American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute or
Balance of Payments Program.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price
Comparison Construction material description Unit of
Quantity Price measure (dollars)*
Item 1:
Foreign construction material ________ ________
________ Domestic construction material ________
________ ________ Item 2:
Foreign construction material ________ ________ ________
Domestic construction material ________ ________ ________
* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
52.228-15 Performance and Payment Bonds-Construction (OCT 2010)
(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 $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25). 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 25A). 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. (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
52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to
(1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the
Government.
(b) The Government assumes no responsibility for any conclusions or interpretations made by the
Contractor based on the information made available by the Government. Nor does the
Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.
Section J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER
ATTACHMENTS
J-1 Specifications 1282A720Q0130 Jacobs Creek Corps Center Roofing
J-2 J-2 JAC_Roofing_SpecsPlans
J-3 JAC_Roofing_MapPhotos
J-4 Wage Determiantion TN20200105 01032020
Section K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS
52.204-8 Annual Representations and Certifications. (NOV 2017)
(a)(1) The North American Industry classification System (NAICS) code for this acquisition is
__238160___.
(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 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[X] (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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United
States or its outlying areas.
A) The basic provision applies when the solicitations are issued by other than
DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 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. (xiii) 52.222-22, Previous Contracts and Compliance
Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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. (xv) 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.
(xvi) 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. (xvii) 52.223-4, Recovered Material
Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 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. (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 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, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than
$50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--
Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 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 via the
SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph
(c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
452.219-70 Size Standard and NAICS Code Information. (SEP 2001)
The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:
Contract line item(s): All
- NAICS Code 238160 Roofing Contractors
- Size Standard $16.5 million
Section L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical
(ii) Past Performance
(iii) Price
52.216-1 Type of Contract. (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action
Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Minority Participation for Each Trade
4.1 %
Goals for Female Participation for Each Trade
6.9 %, Nationwide
These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance
Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41
CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance
Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal
Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Tennessee, Sullivan County.
52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy
American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-
9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR
52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
452.204-70 Inquiries. (FEB 1988)
Inquiries and all correspondence concerning this solicitation should be submitted in writing to the
Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.
Section M - EVALUATION FACTORS FOR AWARD
Award Determination
Price is of equal importance compared to experience and past performance; however, the importance of price may become greater as the difference between experience and past performance decrease. Where experience and past performance are determined to be substantially equal, price may control the award.
The vendor shall submit a document showing recent and relevant experience in relation to the work to be performed within in this solicitation. In accordance with FAR 13.106 – 2(b)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical Capability –
Recent and Relevant Experience – provide project experience completed within the past five (5) years
Plan of Operations
2. Past Performance – Quality of work, customer satisfaction, and timeliness/responsiveness of contractor as provided by reference(s) provided by the Quoter. Electronic references, maximum of three (3), should be completed by the referenced party and emailed directly to the Contracting Officer. Government systems; such as, FAPIIS, or formal performance evaluations provided by the contractor for recent and relevant past performance.
3. Price
(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
File details come from the government source that posted it. Updated .