Solicitation_1240BJ22R0007_Wrangell HVAC Phase 2.pdf
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- Attached to
- WRANGELL COMPOUND HVAC REPLACEMENT PHASE 2 Federal contract opportunity
- Solicitation number
- 1240BJ22R0007
- Issued by
- Department of Agriculture Forest Service
About this file
This federal solicitation requests offers for facility repair work at the Wrangell Compound located in Wrangell, Alaska. The work includes selective demolition of an existing heating system and installation of new electric heat pumps, radiant heaters, and a ventilation system at the USDA Forest Service office building. The base work involves replacing an oil-fired boiler heating system with electric alternatives, while the optional work includes installing a new office ventilation system. Offers are due by the response date specified in the solicitation. The award will be a firm-fixed price construction contract issued by the USDA Forest Service. The contractor must perform all work in accordance with the specifications, including compliance with labor laws and prevailing wage requirements. The period of performance is anticipated to conclude by September 2022.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment 0002 to 1240BJ22R0007_Wrangell HVAC Project.pdf | ||
| Amendment 0001 to 1240BJ22R0007_Wrangell HVAC Phase 2 project.pdf | ||
| A-01 Attachment 5_Wage Deter Constr Building.pdf | ||
| A-01 Attachment 2_Drawings.pdf | ||
| A-01 Attachment 4_BAA D.F Nonavailability.pdf | ||
| A-01 Attachment 3_Addendum to construction docs.docx | DOCX document | |
| A-01 Attachment 1_Tech Specs.pdf |
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Text version
Solicitation No: 1240BJ22R0007 Project Name WRANGELL COMPOUND HVAC REPLACEMENT PHASE 2 of 52
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
B.2 SCHEDULE NOTES
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK ... Error! Bookmark not defined.
C.1 SCOPE OF CONTRACT ........................................................ Error! Bookmark not defined.
C.2 PROJECT LOCATON ............................................................ Error! Bookmark not defined.
C.3 MAGNITUDE OF CONSTRUCTION PROJECT ............... Error! Bookmark not defined.
C.4 TECHNICAL SPECIFICATIONS
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
F.2 OTHER REQUIREMENTS ................................................... Error! Bookmark not defined.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
G.2 OTHER REQUIREMENTS
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
H.2 OTHER REQUIREMENTS
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
J.1 ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 PROVISIONS
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
L.1 PROVISIONS
SECTION M--EVALUATION FACTORS FOR AWARD
M.1 PROVISIONS
M.2 PROPOSAL EVALUATION
M.3 TECHNICAL EVALUATION FACTORS
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SCHEDULE OF ITEMS
Item # Schedule of Supplies/Services Quantity Pay Unit Unit Price Amount
0001 Base Item: Office Heating System Renovation 0001AA Mobilization for Base Item 1 LS $ $ 0001AB Demolition 1 LS $ $ 0001AC Mechanical 1 LS $ $ 0001AD Electrical 1 LS $ $ 0001AE Architectural 1 LS $ $
Total Item(s) 0001: $ 1001 Option Item 1: Office Ventilation System
1001AA Mobilization for Option Item 1, if Option Item 1 is awarded no later than 30 days after award of Base Item.
1 LS $ $
1001AB Demolition 1 LS $ $ 1001AC All remaining office ventilation system work shown on the drawings
1 LS $ $
1001AD Plumbing & Fire Protection Systems 1 LS $ $ Total Item(s) 1001: $
1002 Option Item 2: Late Mobilization for Office Ventilation System 1002AA Mobilization for Option Item 1 – Office
Ventilation System, if Option Item 1 is awarded more than 30 days after award of Base Item. Exclude costs incurred regardless of award date.
1 LS $ $
Total Item(s) 1002: $
B.2 SCHEDULE NOTES
LS – Lump Sum Additional Terms:
1) Quoters must submit prices for all Items in the Schedule of Items above.
2) Disclosure of the Magnitude of Construction Projects:
Between $500,000 and $1,000,000.
3) Mobilization does not include on-site construction activities including the movement of personnel, materials, or equipment within the project site.
4) Payment for bond premiums in accordance with (IAW) Federal Acquisition Regulation ((FAR)
48 CFR Chapter 1) Clause 52.232-5 Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Mobilization.
5) Payment will be made IAW Section G.2. only for those Items listed on the Schedule of Items above.
SECTION C - DESCRIPTION/SPECIFICATION/STATEMENT OF WORK
C.1 Description of Work / Scope of the Contract
The intent of this contract is to provide for facility repair consisting of, but not limited to:
selective demolition of a heating system, electrical system, and fuel oil delivery system; electric heat pump installation; electric radiant heater installation; and ventilation system installation at the USDA Forest Service office building in Wrangell, Alaska.
Base item work includes replacing the office’s oil-fired boiler and hydronic heating system with electric heat pumps and electric radiant heaters, which includes:
• Demolition and removal of existing oil-fired boiler, chimney, expansion tank, pumps, piping, heating units, valves, controls, fuel oil tank, fuel oil piping, supports, containments, and electrical service panelboard and branch circuiting
• Patching and repair of walls, ceiling, floors, and roof where existing heating system is removed
• Provision of multi-zone heat pump system consisting of outdoor units, foundations for outdoor units, indoor units, refrigerant piping, condensate piping, controls, and chases for refrigerant piping
• Provision of electric radiant heaters and controls
• Provision of new electrical service including meter center, meters, circuit breakers, panelboard, panelboard feeders, surge protective device for panelboard, branch circuiting to new heat pump and radiant heaters, disconnects, and service light and outlet
Retain and reuse the existing electrical service conductors from the utility transformer to the building service entrance.
Option item work includes installation of an office ventilation system, which includes
• Relocating a sprinkler header and service sink.
• Removal then reconstruction of the exterior wall to install the heat recovery unit.
• Provision of a ventilation system consisting of heat recovery unit, louvers,
• dampers, ductwork, diffusers, grilles and controls.
• Design and provision of structural reinforcement of the existing floor to support the heat recover unit.
The above descriptions are provided as an outline of major work items and shall not be construed as an inclusive or complete listing of all items of work under this contract.
The Contractor shall furnish all management, labor, equipment, supervision, tools, materials, transportation, operating supplies, supervision, workman’s compensation, unemployment insurance and incidentals necessary to perform the work in accordance with the specification and provisions of the contract.
C.2 Project Location and Access
Project is located at the Wrangell Ranger District Administrative Site at 525 Bennett Street in Wrangell, AK, approximately 80 miles northwest of Ketchikan. Wrangell is a remote community in Southeast Alaska, and is not connected to the mainland road system. It is accessible via commercial airline, Alaska Marine Highway System ferry service, and barge line. As of December 2021: commercial jet service occurs twice per day, one northbound and one southbound flight; ferry service occurs twice per week, one northbound and one southbound vessel.
C.3 Background The Wrangell Ranger District Administrative Site (aka the Wrangell Compound) includes a 9,400 SF two story office, 4,200 SF single story warehouse, 3,025 SF single story bunkhouse, and 3,360 SF single story garage. All buildings are wood-framed. The buildings were constructed in the mid 1980’s, and the original heating and electrical systems were installed in 1986. The office heating system and much of the electrical service equipment is at the end of its operational life.
C.4 Reference Codes, Standards, and Specifications
1. The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein.
2. All construction shall comply with the following:
A. 2012 editions of the International Building Code (IBC), International Fire Code (IFC), and International Mechanical Code (IMC).
B. 2015 edition of the Uniform Plumbing Code C. National Electrical Code (NEC) of the National Fire Protection Association, 2014 edition.
D. NFPA 101 Life Safety Code E. Architectural Barriers Act Accessibility Standards F. Manufacturer’s recommendations G. All applicable Federal, State, and Local laws, ordinances, and regulations.
H. Other codes, reference standards, specifications and regulations referred to within these specifications (even though not specifically listed here) are also fully applicable to the solicitation and any resultant contract.
3. In case of conflict between codes, reference standards, Drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the CO for clarification and directions prior to ordering or providing any materials or furnishing labor. The Contractor shall bid for the most stringent requirements.
C.5 Information about the Site
Quoters are urged and expected to inspect the site where the work will be performed.
There will not be a Pre-Bid Tour for the project. Prospective quoters are encouraged to tour the site prior to quoting.
With their quote, the Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the Government.
For information about the project site, contact the following individual:
Name: Jeremy Powell Address: R10 - Tongass NF – Wrangell Ranger District 525 Bennett Street, Wrangell, AK Telephone: 907.874-7516 E-mail: jeremy.powell@usda.gov
C.6 Clauses
AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.
AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)
The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract / task order.
The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached
C.7 BioBased Products
The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.
The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.
The following is an example list of products that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.
Graffiti and grease removers Insulation foam Concrete and asphalt release fluids Fluid-filled transformers Wood and concrete sealers Composite panels Adhesive and mastic removers Carpets Roof coating Hydraulic fluid Diesel fuel additives Greases Dust suppressant 2-cycle engine oil Absorbents
Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material
In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.
The awarded Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.
The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.
The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
C.8 Required Submittals
The following is a general summary of the required submittals. Other submittals may be required as specified elsewhere in this contract.
Submittal Title Referenced By Specification No.
Submittal Date
Schedule of Work / Progress Schedule Schedules for Construction Contracts (FAR 52.236-15)
With Quote.
Job Specific Safety Plan including how Contractor will apply to the requirements regarding COVID.
Accident Prevention, (FAR 42.236-13)
COVID information with Quote. Rest of Safety Plan Prior to Work Starting
Copy of Required Insurance Coverage Insurance work on Government Installation (FAR 52.228-5)
Prior to Work Starting
Designation of Representative
R6-FS-6300-6
Superintendence by Contract (FAR 52.236-6)
At the Post Award Conference
Notification of Subcontracting & SF1413 - Statement and Acknowledgement for each Subcontractor including Owner/Operators and other Sole Proprietorship Subcontractors [not required for material suppliers]
Subcontracts (Labor Standards)
(FAR 52.236-11)
Prior to Subcontractor Starting Work
Payroll Records WH347 Certified Payrolls submitted weekly
Basic Contract Payrolls and Basic Records (FAR 52.222-8)
Weekly
Drug Free Workplace Policy (If applicable)
Drug-Free Workplace
(FAR 52.223-6)
Prior to Work Starting
Release of Claims Form Section G Prior to Final Payment Biobased or BioPreferred Products FAR 52.223-2 With Quote and in accordance with Clause Other Submittals Section C As required in Specifications and Plans
C.9 TECHNICAL SPECIFICATIONS
The technical specifications will be attached as listed in Section J.1.
SECTION D--PACKAGING AND MARKING
D-1 PACKING AND MARKING
All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.
D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE
The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.
SECTION E--INSPECTION AND ACCEPTANCE
E.1 CLAUSES
52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)
SECTION F--DELIVERIES OR PERFORMANCE
F.1 CLAUSES
52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)
52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within __10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 30, 2022.
The time stated for completion shall include final cleanup of the premises.
52.211-12 Liquidated Damages—Construction (SEP 2000)
(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 the amount of ____________ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.
(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.
SECTION G--CONTRACT ADMINISTRATION DATA
G.1 CLAUSES
G.2 OTHER REQUIREMENTS
Post Award Conference (NOV 1996)
A post award conference with the successful offeror is required. It will be scheduled and held within _15_days after the date of contract award. The conference will be held by __Teleconference__.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1 CLAUSES
FAR 52.236-4 Physical Data (APR 1984)
Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
A. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by observations and measurements.
B. Transportation facilities: Wrangell is a remote community in Southeast Alaska, not connected to the mainland road system. It is accessible via commercial airline, Alaska Marine Highway System ferry service and barge line. It is a full-service community.
H.2 OTHER REQUIREMENTS
Conformity with Drawings and Specifications
Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. “Reasonably close conformity” is compliance with reasonable and customary manufacturing and construction tolerance.
A. Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
C. Government inspections and tests are for the sole benefit of the Government and do not--
1. Relieve the Contractor of responsibility for providing adequate quality control measures.
2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance.
3. Constitute or imply acceptance; or
4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.
D. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.
The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
G. If the Contractor does not promptly replace or correct rejected work, the Government may
(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or
(2) terminate for default the Contractor's right to proceed.
H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
Warning Signs and Restrictions
Contractor shall be totally responsible for safety signing, barricades and other signing to maintain a safe site to the public and Government employees.
Job Specific Safety Plan
Prior to allowing any work to commence on the project, the Contractor shall submit a Safety Plan to the Contracting Officer that is in accordance with OSHA Regulations. The Plan shall recognize the inherently hazardous conditions that will exist on this contract. Some of these hazardous conditions are, but not limited to: handling hazardous material, loading and unloading of materials, site security, noises and dust. Such safety plan shall include all tasks and related activities anticipated to successfully complete the work. The safety plan shall include the Personal Protective Equipment (PPE) that the Contractor provides for his/her employees at no cost to them. It shall include how often the PPE is inspected to ensure that it is not defective or damaged. It shall include steps the Contractor takes to ensure that his/her workers are using the PPE on the worksite and what steps the Contractor uses if an employee is found to be working without the required PPE. The Contractor shall include any safety training he/she provides to his/her employees.
The safety plan must also describe the Contractor’s efforts and response to adaptively comply with current and future State of Alaska COVID-19 Health Mandates along with any other Federal, State or Local requirements. The Contractor must include in their safety plan how they intend to comply with existing requirements and maintain flexibility to comply with changes as they occur. If travel is anticipated, a copy of the Contractor’s travel plan or protocol (indicate whether the plan is a draft or whether the plan has already been submitted) for maintaining critical infrastructure as required by State Health Mandates. State of Alaska COVID-19 Information can be found here: https:/covid19.alaska.gov.
Safety Items
(a) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the work site.
(b) The following checked activities have been identified by the Government as potential safety hazards.
[] Confined Entry Space.
[] Temporary excavation/deep trenching/slope stability.
[] Tree Felling.
[] Fall hazard from work heights exceeding six feet.
[] Blasting.
[] Traffic control on high-volume and/or high-speed and/or limited visibility roads.
[] Heavy equipment operation.
[] Tree climbing and/or tower climbing.
[] Fire hazards.
[X] Hazard materials handling.
[X] Electrical hazard.
[] Hydraulic and/or pneumatic and/or other high pressure hazards.
[] Mechanical hazards such as pulleys, springs, etc.
[X] Power tool operation including eye protection.
[] Overhead hazards.
[X] COVID - 19
Storage of Materials and Equipment
Materials shall be stored to assure the preservation of their quality and fitness for work.
Approved areas on the Forest Service administrative site may be used for storage purposes, except demolished materials may not be stored on Forest Service land. All storage sites approved by the Government shall be restored to a satisfactory condition at the Contractor's expense.
Product Substitution, Shop Drawings and Material Certification
A. Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government-Furnished Property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer’s approval of any substitute will not affect the Contractor’s responsibility for such modification. All substitutions shall be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.
Utility Services
Electrical power, water, and wastewater services are available at the site.
Prosecution of Work
A. The following special controls will affect the Contractor’s prosecution of work:
a. The bunkhouse may be occupied during the Period of Performance. Contractor shall take special care to limit disruption to occupants, ensure continue occupant safety, and ensure utilities are not interrupted for more than 4 hours at a time.
b. For scheduled power outages, inform the CO 72 hours in advance.
B. The Contractor may encounter other contractors performing work on projects in the area.
C. Utilities made available by the Government for use by the Contractor are: Electric power, restrooms, water.
Hazardous Materials
Contractor shall notify the Government of any hazardous materials and or waste (as defined in 29 CFR 1910.1200) to be used on the job and will have Material Safety Data Sheets (MSDSs) for those materials available on the job. All such materials shall be labeled in accordance with Federal and State regulations.
Disposal of Material
Debris encountered in the construction (metals, etc.) and other waste materials generated in the construction (cartons, scrap, etc.) shall be removed and disposed of in a State or City approved site off of National Forest Service Land, unless other disposal means are authorized in the plans or specifications.
KEY PERSONNEL
(a) The Contractor shall assign to this contract the following key personnel:
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
USE OF PREMISES
(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.
(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.
INSURANCE COVERAGE
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of ____*___ per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I.1 CLAUSES
52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
(MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform
Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY
2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
(OCT 2018)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY
2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations
(MAY 2014)
52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately
Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC
2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (NOV 2021) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN
2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction
Contracts (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (FEB 2021) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (JUN 2016) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
52.223-20 Aerosols (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.225-9 Buy American Act-Construction Materials (NOV 2021) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT
2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and
Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)
Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)
Alternate I (APR 1984) Alternate II (APR 1984)
52.242-5 Payments to Small Business Subcontractors (JAN 2017)
52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022)
(DEVIATION APR 2020)
52.245-1 Government Property (SEP 2021) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)
Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)
Alternate I (SEP 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984)
Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)
52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period o performance of the base items.
52.225-9 Buy American Act-Construction Materials (NOV 2021)
NOTE: SEE ATTACHED DETERMINATION AND FINDINGS ON NONAVAILABILITY OF DOMESTIC
CONSTRUCTION MATERIAL.
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;
and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.
The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States;
or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United
States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States.
Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The
Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate "none"]
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any
Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy
American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description Unit of Measure Quantity Price (dollars)* Item1:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
Item2:
Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
52.228-1 Bid Guarantee (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a (by email with solicitation documents) bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –
(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of…
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