W25G1V-18-R-0011__Solicitation.docx

W25G1V18R0011

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTES

NOTES:

1. ELECTRONIC SOLICITATION: This solicitation, including amendments, is available electronically only and available for downloading by interested sources at https://www.fbo.gov/ . No Bidders or Solicitation Mailing Lists (BML/SML) are available from the Government; however, interested sources are encouraged to register for the solicitation. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issue. Offerors are advised to consult the website frequently to check for the issue of amendments since an amendment may be issued up until the offer due date and time. Failure to acknowledge amendments may render your offer non-responsive and ineligible for award.

2. All proposals must be submitted electronically, via e-mail only, to the Contract Specialist at mark.a.buonomo.civ@mail.mil. See Section L for Submission Instructions.

3. In accordance with DFARS 252.204-7004, lack of a SAM (System for Award Management, www.SAM.gov) datebase registration will result in an offeror being ineligible for award.

4. Offerors are advised that this requirement is a 100% set-aside for small business. Offers will only be accepted from small businesses.

5. CONTRACT INFORMATION: This requirement will result in one (1) firm fixed-price (FFP) construction contract for On-Call Road Repair Services, for 1 base year and 4 option years. An individual work order will be issued by the Government for each job prior to any services being performed. See Attachment I - Scope of Work for more information.

6. APPLICABLE DAVIS BACON ACT WAGE DECISION:

7. SITE VISIT: In accordance with FAR 52.236-27, a pre-proposal site visit will be held on Tuesday, April 3, at 10:00am. The meeting location will be Building 20 (Guard Shack/Security), Tobyhanna Army Depot. Offerors planning to attend must e-mail the Contract Specialist.

8. QUESTIONS AND ANSWERS: All questions must be submitted in writing to mark.a.buonomo.civ@mail.mil. Offerors are instructed NOT to contact any TYAD personnel, as this may result in a delay of answers. Questions must be received no later than April 6, 2018 @ 2:00PM. All questions and answers will then be incorporated into the solicitation and any resultant contract via amendment.

Section B - Supplies or Services and Prices

On-Call Road Repair - Base Year

FFP

Construction Services associated with the repair and maintenance of asphalt at Tobyhanna Army Depot, to include all licenses, permits, labor, materials, equipment, supervision, and management to complete each work order. See Attachment I - Scope of Work for a full description of key elements and tasks to be performed.

IN LIEU OF THIS PRICING DOCUMENT, OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT ATTACHMENT II - PRICING SHEET AS THEIR OFFICIAL PROPOSAL. SUBMISSION INSTRUCTIONS CAN BE FOUND IN SECTION L OF THIS SOLICITATION.

FOB: Destination

NSN: AASSVC733400F9

NET AMT

FFP

Construction Services associated with the repair and maintenance of asphalt at Tobyhanna Army Depot, to include all licenses, permits, labor, materials, equipment, supervision, and management to complete each work order. See Attachment I - Scope of Work for a full description of key elements and tasks to be performed.

IN LIEU OF THIS PRICING DOCUMENT, OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT ATTACHMENT II - PRICING SHEET AS THEIR OFFICIAL PROPOSAL. SUBMISSION INSTRUCTIONS CAN BE FOUND IN SECTION L OF THIS SOLICITATION.

NET AMT

FFP

Construction Services associated with the repair and maintenance of asphalt at Tobyhanna Army Depot, to include all licenses, permits, labor, materials, equipment, supervision, and management to complete each work order. See Attachment I - Scope of Work for a full description of key elements and tasks to be performed.

IN LIEU OF THIS PRICING DOCUMENT, OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT ATTACHMENT II - PRICING SHEET AS THEIR OFFICIAL PROPOSAL. SUBMISSION INSTRUCTIONS CAN BE FOUND IN SECTION L OF THIS SOLICITATION.

NET AMT

FFP

Construction Services associated with the repair and maintenance of asphalt at Tobyhanna Army Depot, to include all licenses, permits, labor, materials, equipment, supervision, and management to complete each work order. See Attachment I - Scope of Work for a full description of key elements and tasks to be performed.

IN LIEU OF THIS PRICING DOCUMENT, OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT ATTACHMENT II - PRICING SHEET AS THEIR OFFICIAL PROPOSAL. SUBMISSION INSTRUCTIONS CAN BE FOUND IN SECTION L OF THIS SOLICITATION.

NET AMT

FFP

Construction Services associated with the repair and maintenance of asphalt at Tobyhanna Army Depot, to include all licenses, permits, labor, materials, equipment, supervision, and management to complete each work order. See Attachment I - Scope of Work for a full description of key elements and tasks to be performed.

IN LIEU OF THIS PRICING DOCUMENT, OFFERORS ARE INSTRUCTED TO COMPLETE AND SUBMIT ATTACHMENT II - PRICING SHEET AS THEIR OFFICIAL PROPOSAL. SUBMISSION INSTRUCTIONS CAN BE FOUND IN SECTION L OF THIS SOLICITATION.

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-APR-2019

XXX

XXX PA 00000

W25G1V

30-APR-2020

30-APR-2021

30-APR-2022

30-APR-2023

Section H - Special Contract Requirements

SECTION H

H.1 DEPOT REGULATIONS CONTRACTING OFFICER'S NOTICE

While within the confines of Tobyhanna Army Depot, Contractor employees will adhere to and be governed by all rules, regulations, policies, procedures and directives issued by the Commanding Officer, Tobyhanna Army Depot, and said employees will be required to conduct themselves in the same manner required of Government employees.

H.2 RATE OF WAGES CONTRACTING OFFICER NOTICE

(a) The minimum wages paid to laborers and mechanics on this project, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth below. (This clause is inoperative if the contract is in the amount of $2,000 or less).

(b) Any class of laborers and mechanics, including apprentices and trainees, not listed below employed on this contract shall be reclassified conformably to the schedule set out below by mutual agreement between the Contractor and class of labor concerned, subject to the prior approval of the Contracting Officer, and to the following criteria being satisfied:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(ii) The classification is utilized in the area by the construction industry;

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

In the event that a listed classification in fact performs the work of the missing classification, then that listed classification wage rate shall be used for the laborers or mechanics performing the said work. Information regarding whether a listed classification is documented as performing the work of the missing classification is available from the union in cases where the listed rate for the candidate classification was obtained from a union; or the information is available from DOL if the listed rate of the candidate classification is based upon a DOL survey. A classification rate can be determined as being from a DOL survey or from a union rate by the identifier above the classification: if the identifier shows the first few letters of the classification (e.g., carpenters may show “carp”, plumbers may show “plum”), the rate is a union rate; if, however, the identifiers starts with “SU”, the rate is based on a DOL survey. All identifiers starting with “SU” are non-union rates. Questions regarding whether a classification with a rate based upon a survey (i.e., non-union) is documented as doing the work of the missing classification may be posed to DOL at the regional office at (215) 861-5830.

(c) For purposes of a conformance, in the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the questions, accompanied by the recommendation of the Contracting Officer, shall be referred to the Department of Labor for final determination.

WAGE DETERMINATION:

(d)(1) A Contractor may employ apprentices on Government Construction projects. The Contractor, prior to using apprentices on the contract work must submit to the Contracting Officer written evidence of registration of such employees in a program which has been accepted either by the Bureau of Apprenticeship and Training (BAT), U.S. Department of Labor, or by a state apprenticeship and training agency approved and recognized by BAT. Trainees may be employed only under programs approved by BAT. The Contractor also shall be required to submit written evidence of apprentice to journeyman and trainee to journeyman ratios and wage rates including fringe benefit payments established for his program in the project area. Upon receipt of such submission, the Contracting Officer shall accept these ratios and rates for the purposes of determining the Contractor's compliance with the DavisBacon Act clause.

(2) Whenever a contractor has classified employees as apprentices or trainees without complying with the foregoing requirements, the classification shall be rejected, and the Contractor shall be required to pay such employees at the rates applicable to the classification of the work they actually performed.

H.3 HAZARDOUS MATERIAL CONTRACTING OFFICER'S NOTICE

This contract may involve the delivery of hazardous materials as defined by the latest version of Appendix A, Federal Standard 313. FAR 52.2233, Hazardous Material Identification And Material Safety Data (JAN 1997) and DFAR 252.2237001, Hazard Warning Labels (DEC 1991), is included in full text. The attached DOL Form OSHA174 (or other approved DOL Form similar to OSHA20) must be submitted by the apparently successful Offeror prior to award of the contract or delivery of material.

H.4 PROGRESS PAYMENT REQUESTS

In accordance with the terms of the contract clause entitled Prompt Payment For Construction Contracts (FAR 52.23227, SEP 2005) the following information and documentation is required to be included in any proper invoice for payment. Omission of information or documentation from the following list does not alleviate the Contractor's responsibility to submit that information or documentation with its payment invoice if submission is required elsewhere in this contract.

(a) Updated Progress Schedule as required by FAR clause 52.23615, Schedules For Construction Contracts (APR 1984).

(b) Certified payroll records as required by FAR Clause 52.2228, Payrolls And Basic Records (FEB 1988).

(c) As required by FAR Clause 52.2325, Payments Under FixedPrice Construction Contracts (SEP 2002):

(1) Contractor Certification (Subparagraph (c))

(2) A listing of the total value of each subcontract

(3) A listing of the amount included for work performed by each subcontractor and amounts previously paid to each subcontractor.

PLEASE NOTE: For Final Payment Only A release of all claims against the Government arising by virtue of the contract.

H.5 WORK AREA RESTRICTIONS CONTRACTING OFFICER'S NOTICE

Contractor employees are restricted to the immediate area of the job site and not permitted access to any area adjacent to said job site without expressed written permission of the Contracting Officer.

H.6 PROTECTION OF OPENINGS CONTRACTING OFFICER'S NOTICE

1. During the periods of inclement or cold weather, and at the end of each work day, the contractor shall provide a secure temporary enclosure to seal all openings being worked on.

2. Security of the building/area will not be downgraded during nonworking time.

H.7 RESERVED

H.8 COORDINATION CONTRACTING OFFICER'S NOTICE

a. All work shall be scheduled so as to provide minimum interference with depot operations. The Contractor shall coordinate the schedule with the Contracting Officer, prior to commencement of work.

b. Working hours shall be between 0730 and 1600 hours, Monday through Friday, (excluding Federal Holidays and the day after Thanksgiving if deemed a Federal Holiday) unless prior approval has been received from the Contracting Officer.

c. Successful bidder(s) shall within five (5) days after commencement of work submit a written, practicable construction schedule to the Contracting Officer for written approval.

d. If the work requires tapping into existing electrical, sewerage, water, storm, air lines, alarms, etc., this maneuver shall not interfere with Depot operations. Interruptions shall occur during a weekend or during other than regular working hours and shall be coordinated with the Contracting Officer's Representative. When a situation such as this arises, the contractor shall notify the COR, in writing, at least seven (7) days in advance of the occurrence, describing the circumstances and requesting approval. (In the event of conflict between this paragraph and the Technical Specifications, the latter shall govern).

H.9 APPROVALS CONTRACTING OFFICER'S NOTICE

All reference to approvals as may be required throughout the specifications, attachment I, Technical Specifications shall be deemed to mean the written approval of the Contracting Officer. All requests for approval shall be made in writing to the Contracting Officer.

H.10 FAR 52.23612 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of clause)

CONTRACTING OFFICER'S NOTICE:

1. Debris and Rubbish: Remove debris and rubbish from the site as soon as practicable. Do not allow to accumulate in buildings or on site. (However, see paragraph 3. below concerning cardboard waste.) Also remove debris from excavations.

2. Debris Control: Remove and transport debris, to an approved disposal site, in a manner as to prevent spillage on streets or adjacent areas.

3. Disposal of Debris:

a. Removal of debris and rubbish shall be the responsibility of the Contractor. The Contractor shall dispose of all materials, except as noted b. below, outside the limits of the Government Controlled Property at a site approved by local and state authorities.

COMPLIANCE WITH THE MONROE COUNTY SOLID WASTE MANAGEMENT ORDINANCE/PLAN IS REQUIRED FOR THE HAULING AND DISPOSAL OF CONSTRUCTION/ DEMOLITION WASTE. FOR ALL OTHER WASTE, COMPLIANCE MAY BE REQUIRED. CONTRACTORS ARE RESPONSIBLE FOR CONTACTING THE MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY TO DETERMINE SPECIFIC COMPLIANCE RESPONSIBILITIES AND REQUIREMENTS. MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY CAN BE REACHED AT 5704217301. PLEASE NOTE, THE USE OF TRANSFER FACILITIES FROM THE MONROE COUNTY CONTRACTED FACILITIES LIST IS NOT ALLOWED FOR TOBYHANNA ARMY DEPOT PROJECTS.

b. CONTRACTORS ARE ENCOURAGED AND SPECIFICALLY REQUESTED TO DISPOSE OF CARDBOARD DEBRIS WITHIN THE CONFINES OF THE GOVERNMENT CONTROLLED PROPERTY AT ANY OF THE DEPOT'S READILY ACCESSIBLE CARDBOARD BALER LOCATIONS. IF A BALER IS NOT LOCATED NEAR THE JOB SITE, CARDBOARD DEBRIS MAY BE NEATLY STACKED AT THE JOB SITE FOR SUBSEQUENT PICKUP BY GOVERNMENT PERSONNEL. ALL CARDBOARD DEBRIS DISPOSAL ARRANGEMENTS MUST BE COORDINATED WITH THE CONTRACTING OFFICER'S REPRESENTATIVE.

4. The Contracting Officer shall be notified, in writing, of the location of the selected disposal site.

5. A final cleanup is required at end of the project to include dust, debris, smudges, stains, marks of any kind, spills, dirt, construction material, all waste, rags, etc. Vacuuming and wet mop will be required for projects within structures that have finished areas.

H.11 FAR 52.23614 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

(End of clause)

CONTRACTING OFFICER'S NOTICE: There will be no charge for any utilities required for this contract. Bidder/Offeror shall not include any costs for securing such utilities in his bid price.

H.12 SECURITY INSPECTION

By submission of a bid/offer under this solicitation, the Contractor acknowledges and agrees that all vehicles operated by the contractor and commercial vendors and subcontractors will be inspected by Depot Security personnel prior to entering or departing the controlled area of Tobyhanna Army Depot.

H.13 RESERVED:

H.14 INSURANCE REQUIREMENTS

Reference the clause FAR 52.228-5 Insurance – Work On A Government Installation (JAN 1997) and pursuant to FAR 28.307-2 the following insurance requirements apply. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY. Contractors are required to comply with applicable Federal and State worker’s 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. Bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence is required. Property damage liability insurance is not required unless otherwise specified.

( c ) AUTOMOBILE LIABILITY. Automobile liability insurance written on the comprehensive form of policy is required. 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. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H. 15 CONSTRUCTION DRAWINGS

Reference the clause FAR 52.236-21 I included by reference in Section I.

a. Shop drawings should be submitted directly to the Contracting Officer’s Representative (COR).

b. In the event the contractor desires that more than one approved set be returned (See FAR 52.236-21(g)), the contractor shall submit additional copies for approval and request these additional copies be returned to the contractor.

c. Four sets of shop drawings shall be submitted at the completion of the work indicating minor changes or revisions made with the knowledge and consent of the COR to previously approved shop drawing submittals. If no changes or revisions have been made, this resubmittal is not required.

d. When changes and revisions have been made to the contract drawings, one clean marked-up set of these drawings shall be submitted upon completion of the work, indicating these changes and revisions.

H.16 TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR RESTRICTIONS

Depot Access:

A background check and approval from Tobyhanna Army Depot (TYAD) Security Branch is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, “Request Access to Tobyhanna Army Depot” to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All of the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD. See “Access and General Protection/Security Policy and Procedures”.

Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by TYAD Security Branch. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. Submit the completed ELTY Forms 648-C form(s) to the COR or POC.

H.17 CONTRACTOR VEHICLES, TRAILERS AND EQUIPMENT

All contractor owned, rented or leased vehicles, trailers, and/or equipment for use on site shall be identified with the contractor’s company name, job site description, point of contact and phone number where the contractor can be reached 24 hours a day. The contractor shall ensure all referenced items are to be checked for proper operation, leaks, etc. prior to delivery to Tobyhanna Army Depot. The contractor shall coordinate with the Contracting Officer’s Representative or assigned Government point of contact prior to leaving any of the referenced items unattended at the site.

H.18 USE OF POWER EQUIPMENT USING FOSSIL FUEL

Contractors are prohibited from using diesel or gasoline powered equipment in an enclosed environment that is populated at the time the equipment is to be used unless coordinated and approved by the COR and the Safety Office. Alternate power such as propane or electricity is acceptable for use in populated areas. If the Government has required that the pertinent work be performed during times when the enclosed area is unpopulated, the COR must coordinate with the Safety Office for specific approval of both the use of the diesel/gasoline powered equipment and the schedule of the work for the Contractor to use the diesel or gasoline powered equipment. Under those circumstances which unequivocally preclude use of alternate power, and diesel or gasoline powered equipment must be used, the COR must coordinate with the Safety Office for approval of such use.

END SECTION H

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 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 14 days after notification of each individual work order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

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--

(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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act 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 Act 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 Act. (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) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

52.252-1 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):

http://farsite.hill.af.mil/

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):

http://farsite.hill.af.mil/

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

SOLICITATION ATTACHMENTS

Attachment I

Scope of Work

Attachment II

Pricing Sheet

Microsoft Excel; 6 worksheets

Attachment III

Safety Standards

Attachment IV

Environmental Concerns

Attachment V

SOP for Excavation

Section K - Representations, Certifications and Other Statements of Offerors

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.

(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 payment 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.

(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).

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