Sol_140L1722Q0023.pdf

140L1722Q0023

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/25/2022 0040579249

1 32

2850 YOUNGFIELD STREET

LAKEWOOD CO 80215

COLORADO STATE OFFICE

09/01/2022

BLM-CO COLORADO STATE OFFICE*

2850 YOUNGFIELD STREET

LAKEWOOD

CO 80215

303 239-3678Chau Nguyen

07/20/2022 1700 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

A pre-bid site tour will be provided on June 28, 2022. Vendors shall meet at 10:00 AM local time at the Skinner Trail/FPA Trailhead Parking Area.

For questions regarding to site tour, please contact Blaine Vecchia, 970-244-3185.

Period of Performance: 08/01/2022 to 09/01/2022

00010 SKINNER TRAIL RESURFACING

Product/Service Code: Y1PA Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

Delivery: 09/01/2022

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Request for Quotation

Type of Contract: Construction, Firm Fixed Priced (FFP), Single Award Contract County: Mesa County, Colorado Type of Construction: Other Heavy and Civil Engineering Construction Period of Performance: 30 days

Magnitude: $25,000.00-$100,000.00 NAICS: 237990 SIZE STD: $39.5 million SET-ASIDE: Total Small Business Set-Aside

Technical Representative Contract Specialist

(PRIMARYCONTACT)

Blaine Vecchia Chau Nguyen bvecchia@blm.gov cnguyen@blm.gov

Questions Due: July 5 2022 at 5:00 pm Mountain Time. All questions must be submitted in writing via email. No questions will be accepted via phone calls.

Quotes Due: July 20, 2022 at 5:00 pm Mountain Time

Award Selection Process: Lowest Price Technically Acceptable

Vendors are required to submit with proposal three (3) past performance questionnaire attached and the following information or will be rated non-responsive.

1. Include a resume for the Contracting Company who will be performing the work describing their expertise for this kind of work.

2. Past Project Experience:

a. List 3 comparable projects you have performed in the past 3 years. Indicate location, scope of work and dollar amount of each project. Indicate key employee’s role on these projects.

mailto:bvecchia@blm.gov mailto:cnguyen@blm.gov

b. Provide a reference or contact name and phone number from each project listed above, references shall be reviewed and rated to assess technical expertise.

3. Past Government Experience:

a. Describe past experience with government agencies and public buildings; provide references. Include any past experience with the BLM Colorado.

4. Technical approach to performing the work

a. Provide technical narrative of execution plan in bid package.

b. Identify planned equipment

Provide construction schedule.

Vendors are required to fill out the 889 form and submit it with proposal unless

SAM has been updated.

Bond Requirements

This project requires 100% payment bond or payment protection (FAR 52.228-15).

GENERAL

(a) The Bureau of Land Management (BLM) is seeking quotes for construction services as attached in the accompanying statement of work. The BLM intends to conduct this acquisition by use of simplified acquisition procedures in accordance with FAR Part 13. A single contract award will be made to the Offeror that submits a quotation that has been determined to be the lowest price responsible offeror.

(b) To assure timely and equitable evaluation of quotes, respondents are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete quote. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to quotation requirements, at the time of submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award.

(c) If a respondent believes that requirements in these instructions contain an error, omission, or are otherwise flawed, the respondent shall immediately notify the Contracting Officer in writing (email is the preferred method) with supporting rationale by the question deadline specified on the cover page of this document.

(d) This RFQ does not commit the Government to any costs incurred in the preparation and submission of a quotation or for any other costs incurred by any firm submitting a quote in response to this solicitation. Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFQ does not constitute an award commitment on the part of the Government.

(e) Quote must be valid for a minimum of 60 days.

(f) Respondents must complete the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ (previously

ORCA and CCR). The Government will obtain respondent representations and certifications through this system.

(g) Award is subject to and based on the availability of funds. This project is currently funded based upon an independent cost estimate.

(h) Including all other factors, to qualify for award, a respondent must be determined responsible in accordance with Federal Acquisition Regulation Part 9.

(i) Respondents shall not contact any government personnel related to this requirement other than the Contracting Officer.

(j) All questions should be emailed directly to the Contracting Officer. Only written RFI’s will be considered and responded to by the Government. BLM responses to RFIs will be posted as an amendment to the solicitation.

SPECIAL CONTRACT REQUIREMENTS

WORK HOURS

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 4:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

COMMUNICATIONS

http://www.sam.gov/portal/public/SAM/

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Mountain Standard Time.

FIRE DANGER SEASON

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

DRAWINGS

(a) Typical Drawings. Any drawings titled typical are general only and dimensions of each structure will be fixed by the Contracting Officer to adapt the design to existing conditions at the structure location.

(b) Reduced Size Drawings. Any drawings identified as "REDUCED SIZE DRAWINGS" appearing in the solicitation are photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. Prospective bidders desiring to review a copy of the full size drawings may contact the Contracting Officer identified in the solicitation.

PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.

(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.

FEDERAL HOLIDAYS

The following Federal Legal Holidays are observed:

New Year’s Day Martin Luther King,Jr.

Day President’s Day

Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas

QUOTE SUBMITTAL

Quotations must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in an offeror’s quote being deemed “non-responsive.” Quotes are due by the date and time specified on the cover page of this document to Chau Nguyen, cnguyen@blm.gov.

REQUIRED DOCUMENTATION

Respondent shall submit the following information in response to this RFQ:

(1) Short Cover Letter:

(i) Offeror’s (company) name, address, and phone number

(ii) Point of contact for individuals within the company

(iii) A statement that the proposal is valid for the time period set in block 13, Additional Solicitation

Requirements.

(iv) A response to the following questions:

o Judgments, Claims, and Lawsuits: Are there any judgments, claims, and/or lawsuits pending or outstanding againstor involving entity or partners comprising your entity?

o No , Yes . If “Yes,” submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?

o No , Yes . If “Yes,” submit details on a separate sheet.

(2) Sign Standard Form (SF) 18, Request for Quotations. An official having the authority to contractually bind the Offeror's company must sign the SF 18.

(3) Acknowledgement of Amendments: Acknowledge all solicitation amendments (if applicable) using one of the methods set forth in Block 11 of Standard Form 30, the form on which any amendment will be issued.

This will included completing blocks 8, and 15A-15C.

(4) Completion of pricing worksheet attachment - Schedule of Items

(5) Submission of Banking Information. This information will only be used in accordance with FAR 9.1, Responsible Prospective Contractors, in order to make a determination of contractor responsibility. A bank letter will be required from the apparent successful offeror prior to contract award.

BASIS FOR CONTRACT

AWARD

(a) This acquisition is a Total Small Business set-aside under the North American Industry Classification System (NAICS) Code 237990 with a small business size standard of $39.5 million. An offeror determined to be other than a Small Business will be deemed ineligible for award.

(b) The Government will select the quote that meets all requirements of the statement of work at the lowest price.

(c) The Government intends to make ONE award based upon evaluation of quotes received. Award will be made to the responsible contractor whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, and also provides the lowest price responsible offeror.

CONTRACT PROVISIONS

PROVISIONS INCORPORATED BY REFERENCE

Clause Titl e

Date

52.204-07 System for Award Management October 2018

52.204-16 Commercial and Government Entity Code Reporting August 2020

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

52.204-22 Alternative Line Item Proposal January 2017

PROVISIONS INCORPORATED BY FULL TEXT

52.204-8 Annual Representations and Certifications.

As prescribed in 4.1202(a), insert the following provision:

https://www.acquisition.gov/far/part-4#FAR_4_1202

Annual Representations and Certifications (Jan 2022)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39.5 Mil.

(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.

https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_203_2 https://www.acquisition.gov/far/part-13#FAR_Part_13 https://www.acquisition.gov/far/part-52#FAR_52_203_11 https://www.acquisition.gov/far/part-52#FAR_52_203_18

(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, CertificationRegarding 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_3 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_5 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_209_2 https://www.acquisition.gov/far/part-52#FAR_52_209_5 https://www.acquisition.gov/far/part-52#FAR_52_209_11 https://www.acquisition.gov/far/part-52#FAR_52_214_14 https://www.acquisition.gov/far/part-52#FAR_52_215_6 https://www.acquisition.gov/far/part-52#FAR_52_219_1 https://www.acquisition.gov/far/part-52#FAR_52_219_2 https://www.acquisition.gov/far/part-52#FAR_52_222_22 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_25 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_38

(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, 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 $92,319, the provision with its Alternate II applies.

(D) 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. 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.

https://www.acquisition.gov/far/part-52#FAR_52_223_1 https://www.acquisition.gov/far/part-52#FAR_52_223_2 https://www.acquisition.gov/far/part-52#FAR_52_223_4 https://www.acquisition.gov/far/part-52#FAR_52_223_22 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_225_2 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_4 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_6 https://www.acquisition.gov/far/part-52#FAR_52_225_5 https://www.acquisition.gov/far/part-52#FAR_52_225_20 https://www.acquisition.gov/far/part-52#FAR_52_225_25 https://www.acquisition.gov/far/part-52#FAR_52_226_2 https://www.acquisition.gov/far/part-52#FAR_52_204_17 https://www.acquisition.gov/far/part-52#FAR_52_204_20 https://www.acquisition.gov/far/part-52#FAR_52_222_18 https://www.acquisition.gov/far/part-52#FAR_52_222_48 https://www.acquisition.gov/far/part-52#FAR_52_222_52

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

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

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

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

FAR 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)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK May a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION February 1999 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_227_6 https://www.acquisition.gov/far/part-52#FAR_52_227_15 https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201

(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 asfollows:

Goals for Female Participation for Each TradeGoals for Minority Participation for Each Trade

2.4% 6.9%

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 the Horton Creek Campground, CA.

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 theoffer.

(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.

52.252-1 SOLICITATIONS PROVISIONS INCORPORATED BY REFERENCE – FEBRUARY 1998

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

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Claus e

Titl e

Date

52.204-13 System for Award Management Maintenance October 2018

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

November 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.211-18 Variation in Estimated Quantity April 1984 52.213-4 Terms and Conditions – Simplified Acquisitions (Other than

Commercial Items) January 2022

52.219-6 Notice of Total Small Business Set-Aside November 2020 52.219-28 Post-Award Small Business Program Representation September 2021 52.222-6 Construction Wage Requirements August 2018 52.222-7 Withholding of Funds May 2014 52.222-8 Payrolls and Basic Records July 2021 52.222-9 Apprentices and Trainees July 2005 52.222-10 Compliance with Copeland Act Requirements February 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

Act Regulations May 2014

52.222-14 Disputes Concerning Labor Standards February 1988 52.222-15 Certification of Eligibility May 2014 52.222-27 Affirmative Action Compliance Requirements for Construction April 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts September 2013

52.223-3 Hazardous Material Identification and Material Safety Data February 2021 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts August 2018

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving June 2020

52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.228-5 Insurance – Work on a Government Installation January 1997

52.232-5 Payments under Fixed-P rice Construction Contracts May 2014 52.232-23 Assignment Of Claims May 2014

52.232-27 Prompt Payment for Construction Contracts January 2017

52.232-39 Unenforceability of Unauthorized Obligations June 2013 http://acquisition.gov/far/index.html

52.236-2 Differing Site Conditions April 1984 52.236-3 Site Investigation and Conditions Affecting the Work April 1984 52.236-5 Material and Workmanship April 1984 52.236-6 Superintendence by the Contractor April 1984 52.236-7 Permits and Responsibilities November 1991 52.236-8 Other Contracts April 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

April 1984

52.236-10 Operations and Storage Areas April 1984 52.236-11 Use and Possession Prior to Completion April 1984 52.236-12 Cleaning up April 1984 52.236-13 Accident Prevention November 1991 52.236-14 Availability and Use of Utility Services April 1984 52.236-17 Layout of Work April 1984 52.236-21 Alt 1 Specifications and Drawings for Construction April 1984

52.236-26 Preconstruction Conference February 1995 52.242-14 Suspension of Work April 1984 52.243-5 Changes and Changed Conditions April 1984 52.245-1 Government Property September 2021 52.245-9 Use and Charges April 2012

52.246-21 Warranty of Construction March 1994 52.249-10, Alt I Default (Fixed-Price Construction) April 1984 DIAR 1452.236-70 Prohibition Against Use of Lead-Based Paint – Department of the

Interior July 1996

DIAR 1452.237-70 Information Collection – Department of the Interior July 1996

CLAUSES INCORPORATED BY FULL TEXT

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS- INVOICE PROCESSING PLATFORM

(IPP) April 2013

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Format and Content:

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number

2. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

3. The accounting must follow the approved schedule of values as described in the specification attachment.

4. Total amount due for the billing period

5. Certification of Progress Payment

6. Payrolls (Mail weekly)

7. Substantiation of Subcontractor Payment

8. 52.223-9 Certification with final payment request.

9. A Release of Claims (See 1452.204-70) with a request for final payment.

A Progress Report (may be included in Progress Meeting Notes) shall be submitted to support each invoice and shall include a summary of work performed during the period of performance identified on the invoice, which at http://www.ipp.gov/ a minimum must include:

1. ACTIVITY: Description of the previous month’s project activities and the planned activities for the next month. Also, Describe activities performed on contingency task(s), percent complete, task or deliverable schedule and identify any issues or concerns that may affect the performance and/or completion of the task(s);

2. PERCENTAGE COMPLETE: In accordance with the accepted Schedule of Values, for each task/deliverable: identify the percentage completed during the month and the cumulative percentage completed;

3. SCHEDULE: Reconcile progress of each task/deliverable with the schedule identified for each; submit a revised schedule as required.

4. ISSUES OR CONCERNS: Identify issues and/or concerns that may affect the project Statement of Work (SOW) or schedule.

5. OTHER INFORMATION: Any other information required in the Contract to be included in the Progress Report.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(END OF CLAUSE)

LOCAL INTERNET PAYMENT PLATFORM (IPP) HOTLINE

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK April 1984 ALTERNATE 1 April 1984

The Contractor shall be required to

(a) commence work under this contract within 5 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 30 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.225-9 Buy American-Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

Buy American-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– mailto:ippgroup@bos.frb.org mailto:ippgroup@bos.frb.org https://www.acquisition.gov/far/part-25#FAR_25_1102

(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".

https://www.acquisition.gov/far/part-2#FAR_2_101

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:

________________________________________________[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) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505

(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…