Sol_140L6421Q0003.pdf

140L6421Q0003

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

02/23/2021 0040512099

1 100

ONE N. CENTRAL AVE, SUITE 800

PHOENIX AZ 85004

BLM AZ-STATE OFC ADMN SVCS(AZ951)

04/30/2021

BLM-AZ YUMA FIELD OFFICE*

Suite A 7341 E. 30th St

YUMA

AZ 85365-6525

602 417-9434Lisa Hariper

03/09/2021 1700 PS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Please include your DUNS number with your quote.

The Bureau of Land Management, Arizona State Office, is seeking quotes for the purchase of one

(1) Compact Track Loader with a Forestry Package and other attachments in accordance with the specifications provided. To be delivered to the Yuma Field Office, address provided. This RFQ will close 3/09/2021 5pm PS. Please include your DUNS number with your quote.

In order to do business with the federal government all vendors must be currently registered in SAM.gov. If you are not registered Continued ...

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)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 100

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L6421Q0003 or your registration is expired in SAM.gov, you will need to register or update your registration at this time.

00010 Compact Track Loader with Forestry Package and 1 EA select attachments

In accordance with the specifications attached.

Product/Service Code: 3895

Product/Service Description: MISCELLANEOUS

CONSTRUCTION EQUIPMENT

Delivery: 04/30/2021

Any questions must be submitted in writing no later than 5:00 pm PS, on 3/02/2021. Send all questions to lhariper@blm.gov.

Quotes may be submitted: electronically via email to lhariper@blm.gov. All solicitation documents must be filled out, signed and submitted along with your formal quote.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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SCHEDULE ……………………………………………………………………………………………………………………………………………….

SOLICITATION/CONTRACT FORM SF-18 ……………………………………………………………………………………

SCHEDULE OF ITEMS ………………………………………………………………………………………………………………………………..

DESCRIPTION/SPECIFICATIONS ………………………………………………………………………………………………………………..

PACKAGING AND MARKING ………………………………………………………………………………………………………………………………..

INSPECTION AND ACCEPTANCE ………………………………………………………………………………………………………………….

Inspection (Aug 1999) …………………………………………………………………………………………………………………………….

DELIVERIES OR PERFORMANCE ……………………………………………………………………………………………………………….

Commencement, Prosecution, and Completion of Work ………………………………………………………………………………………….

Liquidated Damages

CONTRACT ADMINISTRATION DATA ………………………………………………………………………………………………..

Payment by Electronic Funds Transfer - System for Award Management ………………..

Procurement Office Representative ………………………………………………………………………………………………

SPECIAL CONTRACT REQUIREMENTS ……………………………………………………………………………………………..

Fire Danger Season …………………………………………………………………………………………………………………………

Drawings ……………………………………………………………………………………………………………………………………………

Preservation of Historical and Archeological Data ……………………………………………………………………………..

CONTRACT CLAUSES ………………………………………………………………………………………………………………………………..

CONTRACT CLAUSES ………………………………………………………………………………………………………………………………..

Authorized Deviations in Clauses ………………………………………………………………………………………………………..

Release Of Claims - Department of the Interior …………………………………………………………………………………..

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS …………………………………………………………………..

LIST OF ATTACHMENTS ……………………………………………………………………………………………………………………………..

REPRESENTATIONS AND INSTRUCTIONS …………………………………………………………………………………………………..

Authorities and Delegations …………………………………………………………………………………………..

Contracting Officer's Representative (COR) an or Project Inspector (PI) ………………………..

52.211-12

SECTION G

1452.204-70

PART II

SECTION I

SECTION K

52.252-1

Certificate of Independent Price Determination ………………………………………………………………………………….

Taxpayer Identification ………………………………………………………………………………………………………………………

Annual Representations and Certifications ………………………………………………………………………………………….

Certification Regarding Responsibility Matters …………………………………………………………………………………..

Small Business Program Representations ………………………………………………………………………………………………

Previous Contracts and Compliance Reports ……………………………………………………………………………………….

52.252-6

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION A

PART I

9.1510.301

52.211-10

SECTION F

SECTION E

9.1510.016

9.1510.017

9.1510.018

9.1510.304

9.1510.305

SECTION C

SECTION B

SECTION D

SECTION H

9.1510.322

1452.201-70

9.1510.046

52.232-33

Pre-Work Conference ………………………………………………………………………………………………………………………….

Notice to Proceed ……………………………………………………………………………………………………………………………..

9.1510.303 Charges of Actual Damages - Delayed Performance ……………………………………………………………………………

Table of Contents

PART III

SECTION J

52.222-22

52.219-1

52.204-8

52.209-5

52.203-2

52.204-3

PART IV

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS ………………………………………

Solicitations Provisions Incorporated by Reference ……………………………………………………………………………..

4 of

Service of Protest Department of the Interior (Deviation) ……………………………………………………………….

Basis for Award ………………………………………………………………………………………………………………………………….

52.223-13

52.225-20

52.225-25

9.1510.310

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION M

52.252-5

52.233-2

52.216-1

SECTION L

Acquisition of EPEAT® - Registered Imaging Equipment ……………………………………………………………………..

Prohibition on Conducting Restricted Business Operations in Sudan - Certification ……

Prohibition on Engaging in Sanctioned Activities Relating to Iran - Certification …………

INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR RESPONDENTS …………………………………….

Type of Contract ……………………………………………………………………………………………………………………

EVALUATION AND AWARD FACTORS …………………………………………………………………………………………………………

Authorized Deviation in Provisions ………………………………………………………………………………………………….

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Project: Compact Track Loader

THE SCHEDULE

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

PART I

SECTION A SOLICITATION/CONTRACT FORM SF-18

See separate document, Page 1 - 2, SF-18

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Unit of Measurement Key

CY =

LF =

LS =

TN =

EA =

Cubic Yard

Linear Feet

Lump Sum

Tons

Each

TOTAL PROPOSAL FOR ALL ITEMS (ALL OR NONE) =

Total

Amount Unit Price

Unit of

Issue Qty

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION B SCHEDULE OF ITEMS

Item # Description

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(Oct 2014)36.204 Disclosure of Magnitude of Construction Projects

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION C DESCRIPTION/SPECIFICATIONS

The Bureau of Land Management, Arizona State Office, is seeking quotes for the purchase of a

Compact Track Loader with Forestry Package and other attachments according to the Specifications provided.

8 of

PACKAGING AND MARKING

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION D

(THIS SECTION NOT USED)

9 of

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION E INSPECTION AND ACCEPTANCE

9.1510.301

(b) Inspection in the form of a review of all required reports will be performed by the Contracting Officer's

Representative (COR). Accordingly, all reports, data, and documentation required by the contract will be submitted to the COR who will recommend approval/disapproval for acceptance purposes to the Contracting

Officer.

(c) The Contractor shall notify the COR or the Project Inspector (PI) at least 3 days before the scheduled completion date, so the Government can schedule final inspection. The Contractor will not be granted a time extension to perform a work correction required as a result of a periodic or final inspection if such correction is necessary because of improper work by the Contractor. The Contractor or his authorized representative must be at the worksite at time of final inspection.

Inspection (Aug 1999)

(a) Work will be subject to periodic inspections by the Government to assure satisfactory progress, to determine quantities or work performed for progress payment purposes, to be certain that work is being performed in accordance with contract specifications, and to determine if work corrections are necessary.

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Commencement, Prosecution, and Completion of Work52.211-10

Liquidated Damages - Construction

The Contractor shall be required to (a) commence work under this contract within (See Block 11 of Standard

Form 1442) 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 (See Block 11 of Standard Form

1442).* The time stated for completion shall include final cleanup of the premises.

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION F DELIVERIES OR PERFORMANCE

(Apr 1984)

52.211-12 (Sep 2000)

9.1510.303 Charges for Actual Damages - Delayed Performance

Should the Contractor fail to complete the work within the performance time allowed or any extension thereof, and his right to proceed is not terminated, he shall, in the absence of a liquidated damages provision, be charged actual damages suffered by the Government which can be directly attributable to the

Contractor's delayed performance. Such damages shall include, but not necessarily be limited to, the Project

Inspector's hourly salary, per-diem, travel or other expenses as well as losses of Government-Furnished property which can be accurately determined.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The parties agree that quantifying losses arising from Contractor’s delay is inherently difficult insofar as delay may impact the Government’s reputation or require the Government to provide non-monetary concessions to the public, and further stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience in the construction industry and given the nature of the losses that may result from delay.

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in an amount to be determined, for each calendar day of delay until the work is completed or accepted.

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(Oct 2018)

(May 2014)

52.232-23

William Boyett wboyett@blm.gov

1452.201-70

Payment by Electronic Funds Transfer - System for Award

Management 52.232-33

Interest

Assignment of Claims

52.232-17

51Page

(May 2014)

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

SECTION G CONTRACT ADMINISTRATION DATA

3. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(Nov 2007)Authorities and Delegations

1. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract or accept nonconforming work.

2. The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The

COR will be appointed in writing and a copy of the appointment will be furnished to the contractor. Changes in this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. The COR for this contract will be:

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

4. The Contractor will comply with the written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. The contractor need not proceed with direction that it considers to have been issued without proper authority. The contractor will immediately notify the Contracting Officer in writing, as completely as possible, if the COR has taken an action (or failed to take action) or has issued direction (written or oral) that the contractor considers to exceed their appointment. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's direction issued under paragraph 5, of this clause.

928-718-3709

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The designated PI for this project is:

William Boyett wboyett@blm.gov

928-718-3709

The designated COR for this project is:

Contracting Officer's Representative (COR) and/or Project

Inspector (PI)

(Apr 1998)

1 North Central Ave, Suite 800

Phoenix, AZ 85004

(602) 417-9434 lhariper@blm.gov

9.1510.322 (Apr 1998)Procurement Office Representative

The COR and/or Project Inspector (PI) will be appointed by the Contracting Officer upon award of the contract. Such COR/PI will be responsible for giving the Contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

5. The Contracting Officer shall promptly respond in writing to any notice made under paragraph 4. of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

9.1510.046

6. The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

The Procurement Office Representative for this requirement is:

Lisa Hariper

13 of

Fire Extinguisher must be in all vehicles;

If the 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.

Fire Tools must be on site;

Approved spark arresters must be on all internal combustion engines;

A basic Fire Safety Plan must be submitted by the successful contractor at the Pre-Work Conference.

9.1510.017 Drawings (Apr 1998)

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

9.1510.016 Fire Danger Season (Apr 1998)

SECTION H SPECIAL CONTRACT REQUIREMENTS

(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.

9.1510.018 Preservation of Historical and Archeological Data (Apr 1998)

(a) Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

(b) The Contractor agrees that should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorically, historical, or archeological data he will notify the

Contracting Officer immediately in writing giving the location and nature of the findings.

(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 applicable clauses in the Contract

Clauses Section of this contract.

(d) The Contractor agrees to insert this paragraph in all subcontracts which involve the performance of work on the terrain of the site.

14 of

Environmental Interruption of Work

A basic Fire Safety Plan and Health & Safety Plan must be submitted by the successful contractor at the Pre-

Work Conference.

9.1510.305 Notice to Proceed (Aug 1999)

After award of contract, the COR will issue a written notice to proceed to the Contractor. Issuance of such notice may be delayed for a reasonable time if adverse soil, vegetative, or climatological conditions exist.

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

9.1510.304 Pre-Work Conference (Aug 1999)

After award a pre-work conference shall be held between the Contractor and the COR. The date and time of the meeting shall be determined by the COR and the Contractor in consultation. Discussions relative to contract requirements and the specific responsibilities of each party will be conducted at this time.

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on

Saturday, Sunday, or legal National Holidays unless authorized by the COR.

The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The

Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Work Hours

15 of

Prohibition of Segregated Facilities

Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

CONTRACT CLAUSES

Definitions

Gratuities

Covenant Against Contingent Fees

Restrictions on Subcontractor Sales to the Government

Anti-Kickback Procedures

Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

Price or Fee Adjustment for Illegal or Improper Activity

System for Award Management

Variation in Estimated Quantity

Audit and Records - Negotiation

Order of Precedence – Uniform Contract Format

Allowable Cost and Payment

Utilization of Small Business Concerns

Limitations on Subcontracting

Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

Contract Work Hours and Safety Standards Act – Overtime

Compensation

Construction Wage Rate Requirements

Withholding of Funds

Payrolls and Basic Records

Apprentices and Trainees

Compliance With Copeland Act Requirements

Subcontracts (Labor Standards)

Compliance with Construction Wage Rate Requirements and Related

Regulations

Disputes Concerning Labor Standards

Certification of Eligibility

Contract Termination-Debarment

52.219-28

Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment 52.209-6

52.222-8

(Nov 2011)

(Jul 2013)

52.222-10

52.222-11

52.222-12

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

PART II

(Aug 2018)

CONTRACT CLAUSES

52.222-3

52.222-6

52.222-7

52.204-7

52.211-18

52.215-2

52.215-8

52.216-7

52.219-8

52.219-14

SECTION I

52.203-3

52.203-5

52.203-6

52.203-7

52.203-10

(May 2014)

(Sep 2006)

(May 2014)

(May 2014)

(Oct 2010)Limitation on Payments to Influence Certain Federal Transactions

52.203-8 (May 2014)

(Oct 1997)

(Aug 2018)

(Oct 2018)

(Jan 2017)

52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018)

(Aug 2018)

(May 2014)

(Jun 2003)

Post Award Small Business Program Rerepresentation

Convict Labor

52.222-14

52.222-15

52.222-21

52.222-13

52.222-23

52.222-4 (May 2018)

(Apr 2015)

(Feb 1988)

(May 2014)

(May 2014)

(Feb 1999)

(Oct 2015)

52.219-27

(Nov 2013)52.202-1

(Jul 2005)

(Feb 1998)

(May 2014)

(May 2014)

52.222-9

(Oct 2018)

(Apr 1984)

(Oct 2010)

52.203-12

(Apr 1984)

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Disputes - Alternate I (Dec 1991)

Protest After Award

Applicable Law for Breach of Contract Claim

Differing Site Conditions

Site Investigation and Conditions Affecting the Work

Material and Workmanship

Superintendence by the Contractor

Permits and Responsibilities

Other Contracts

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

Operations and Storage Areas

Use and Possession Prior to Completion

Cleaning Up

Accident Prevention

Schedules for Construction Contracts

Quantity Surveys

Layout of Work

Equal Opportunity for Veterans

Equal Opportunity for Workers With Disabilities

Buy American - Construction Materials

Bid Guarantee

Additional Bond Security

Pledges of Assets

Equal Opportunity

Patent Indemnity – Construction Contracts

Location: Colorado River District Office

Employment Reports on Veterans

Combating Trafficking in Persons

Authorization and Consent

(Feb 1997)Specifications and Drawings for Construction52.236-21

52.236-17

52.228-2

52.228-11

52.228-14

52.228-15

52.229-3

52.236-8

52.236-9

52.236-10

52.236-11

52.236-12

52.236-13

52.236-15

52.236-16

52.236-3

52.236-5

52.236-6

52.236-7

52.233-1

(Nov 2014)

(Aug 2018)

(Oct 1997)

(Sep 1996)

(Dec 2007)

(Dec 2007)

(May 2014)

(Jun 2014)

(May 2001)

(Oct 2015)

(Mar 2015)

(Feb 2016)

(Jul 2014)

(Oct 2015)

(Sep 2016)52.222-26

52.222-35

52.222-36

Project: Compact Track Loader

Solicitation Number: 140L6421Q0003

52.222-37

52.222-50

52.222-54

52.223-6

52.223-14

52.227-1

52.223-18

52.227-4

(Aug 2011)

(Dec 2007)52.227-2

Employment Eligibility Verification

Drug-Free Workplace

Acquisition of EPEAT® - Registered Televisions

Encouraging Contractor Policies to Ban Text Messaging While Driving

Notice and Assistance Regarding Patent and Copyright Infringement

52.233-3

52.233-4

52.236-2

Irrevocable Letter of Credit

Performance and Payment Bonds – Construction

Federal, State, and Local Taxes

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Nov 1991)

(Apr 1984)

(Apr 1984)

(Oct 2004)

(Aug 1996)

(May 2014)

(Feb 2013)

(Oct 2010)

(Apr 1984)

(Apr 1984)

(Apr 1984)

(Nov 1991)

52.228-1

52.225-9

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

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(Feb 1995)

(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

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. 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--

(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

(Oct 2015)

(Apr 1984)

(Jan 1991)

(Jul 1996)

(Apr 1994)

(Apr 2012)

(Jul 1995)

(Apr 1984)

(Jun 2007)

(Oct 2018)

(Jan 2017)

(Apr 2012)

(Mar 1994)

52.249-2

52.249-10

52.253-1

1452.203-70

Bankruptcy

Suspension of Work

Changes

Subcontracts for Commercial Items

Government Property - Alternate I

Use and Charges

Warranty of Construction

Value Engineering - Construction

Termination for Convenience of the Government (Fixed-Price)

Alternate I (Sep 1996)

52.242-13

52.242-14

52.243-4

1452.215-70 Examination of Records by the Department of the Interior

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

52.244-6

52.245-1

52.245-9

52.246-21

52.248-3

Default (Fixed-Price Construction)

Computer Generated Forms

Restriction on Endorsements - Department of the Interior

52.236-26 Preconstruction Conference

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(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

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(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) 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 the 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: ______ [Contracting

Officer to list applicable excepted materials or indicate “none”]

(1)

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Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(c) Request for determination of inapplicability of the Buy American statute.

(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--

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(G) Name and address of the proposed supplier; and

(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.

Project: Compact Track Loader

(F) Location of the construction project;

(E) Time of delivery or availability;

(D) Price;

(C) Quantity;

(B) Unit of measure;

(A) A description of the foreign and domestic construction materials;

(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).

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Location: Colorado River District Office

[*Include all delivery costs to construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

Solicitation Number: 140L6421Q0003

Price (dollars)*QuantityUnit of MeasureConstruction Material Description

Item 1

Foreign Construction Material

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the

Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 2

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

(End of Clause)

[Include other applicable supporting information.]

Domestic Construction Material

(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.

(1)

(2)

(3)

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Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(a) The Government has determined that the Buy American Act is not applicable to the following construction materials because they are not mined, produced, or manufactured in the U.S. in sufficient quantities of a satisfactory quality:

Authorized Deviations in Clauses52.252-6 (Apr 1984)

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

(b) The use in this solicitation or contract of any DIAR. (48 CFR 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Release of Claims - Department of the Interior (Jul 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

1452.204-70

1452.225-70 Use of Foreign Construction Materials (Jul 1996)

NONE

(b) Offers based on the use of foreign construction materials other than those listed in (a) above may be acceptable if the Government determines that U.S. construction material is not available, would be impracticable or constitute an unreasonable price. Please contact the contracting officer with questions or comments concerning non-availability or impracticability of U.S. material.

(c)(1) Offers based upon use of foreign construction material for cost savings will be considered reasonable if the cost of each foreign construction material, plus 6 percent, is less than the cost of each comparable U.S.

construction material. The Contracting Officer shall compute the cost of each foreign construction material to include all delivery costs to the construction site, and any applicable duty (whether or not a duty-free entry certificate is issued.) This evaluation shall be made for each foreign construction material included in the offer, but not listed in subparagraph (a) above in this clause.

(2) Any contractor cost savings from post-award approval to substitute foreign construction material for U.S.

construction material shall be passed on to the Government.

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Solicitation Number: 140L6421Q0003

Project: Compact Track Loader

Location: Colorado River District Office

(d)(1) This offer is based on the use of foreign construction material not listed in (a) above. For each foreign item proposed the offeror shall furnish the following information for the foreign material offered: item description, supplier, unit of measure, quantity, unit price, duty (even if a duty free certificate is issued), delivery costs, and total price and shall also identify information on a U.S. item comparable to the foreign item including: supplier, unit of measure, quantity, unit price, delivery costs and total price.

(2) If the Government rejects the use of foreign construction material listed under paragraph (d)(1) above, the Government will evaluate the Contractor's offer using the offeror's stated price for the comparable U.S.

construction material, and the offeror shall be required to furnish such domestic construction material at the

Contractor's originally offered price. In preaward situations, an offer which does not state a price for a comparable U.S. construction material will be rejected by the Government. In postaward situations an offer proposing foreign material which does not state the price for the comparable U.S. construction material will be rejected by the Government. The Contractor shall use comparable U.S. material for the project and any additional cost for the use of this U.S. material shall be absorbed by the Contractor.

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LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

PART III

SECTION J LIST OF ATTACHMENTS

Project: Compact Track Loader

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Federal Acquisition Regulation clauses:

Certifications and Disclosure Regarding Payments to Influence

Certain Federal Transactions

Notice of Requirement for Affirmative Action to Ensure Equal

Employment

Notice of Progress Payments

Project: Compact Track Loader http://www.acquisition.gov/far http://farsite.hill.af.mil/

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

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

PART IV REPRESENTATIONS AND INSTRUCTIONS

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

52.203-2 Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

52.222-38 (Feb 2016)

52.232-13 (Apr 1984)

52.203-11 (Sep 2007)

(Feb 1999)52.222-23

Compliance with Veterans’ Employment Reporting Requirements http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://www.acquisition.gov/far http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://farsite.hill.af.mil/ http://www.acquisition.gov/far http://farsite.hill.af.mil/

(2)

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Project: Compact Track Loader

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ___________________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs

(a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(End of Provision)

52.204-3 Taxpayer Identification (Oct 1998)

(a) Definitions.

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. “Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

51Page

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

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(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.

6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of a Federal Government;

(e) Type of organization.

TIN is not required because:

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax exempt);

Government Entity (Federal, State, or local);

Foreign Government;

Project: Compact Track Loader

Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

TIN has been applied for.

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the

United States and does not have an office or place of business or a fiscal paying agent in the United States;

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

TIN:

(a)

(b)

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Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(f) Common Parent.

Name and TIN of common parent:

International organization per 26 CFR 1.6049-4

Other

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision

TIN:

Name:

(End of Provision)

Project: Compact Track Loader

(1) The North American Industry classification System (NAICS) code for this acquisition is 333924

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(2) The small business size standard is 0

(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.

(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:

(i) Paragraph (d) applies.

52.204-8 Annual Representations and Certifications (Oct 2018)

(c)

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Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

Project: Compact Track Loader

(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

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

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

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Solicitation Number: 140L6421Q0003

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

Project: Compact Track Loader

(xvii) 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.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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Location: Colorado River District Office

Solicitation Number: 140L6421Q0003

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its

Alternate II applies.

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

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Certification.

(v)…