W912ES-15-T-0154_Homme_Dam_Wetwell_Solicitation_Specifications.pdf
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Solicitation No. W912ES-15-T-0154
HOMME DAM
PARK RIVER, NORTH DAKOTA
CONSTRUCTION
DOCUMENTS
FOR
HOMME DAM DEWATERING
PUMP AND DISCHARGE PIPING
AUGUST 2015
US Army CorpsUS Army Corps Of EngineersOf Engineers St. Paul DistrictSt. Paul District
W81G6752239892
Homme Dam Wetw ell at Homme Dam, Park River, ND. Work under this contract includes provision of a dew atering pump, pump controls and associated piping for dew atering the Homme Dam discharge spillw ay. The pump is to be mounted in the existing w et w ell onsite. The contractor w ill design and install the associated control panel. Discharge piping shall be routed through the existing stub-out from the w etw ell. Work includes excavation and backfill, pipe bedding, geotextile, riprap scour protection and environmental protection. The estimated price range is betw een $25,000 and $100,000. The North American Industry Classif ication System (NAICS) code is 237990 w ith a small business size standard of $36.5 million. This solicitation is issued as a Total Small Business Set-Aside.
VIRGINIA M REGORRAH
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
28-Aug-2015
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10Alt 1
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________11 Sep 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
CONTRACTING DIVISION
USACE - ST. PAUL
180 5TH STREET E SUITE 700
ST. PAUL MN 55101-1678
W912ES
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912ES-15-T-0154 27
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912ES-15-T-0154
Table of Contents
TABLE OF CONTENTS
NOTES TO OFFERORS
WAGE RATES
SECTION 00010 ‐ SOLICITATION CONTRACT FORM
PRICING SCHEDULE
52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5
52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
SECTION 00600 ‐ REPRESENTATIONS & CERTIFICATIONS
CLAUSES INCORPORATED BY REFERENCE
252.203‐7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS NOV 2011
CLAUSES INCORPORATED BY FULL TEXT
52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
252.204‐7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
SECTION 00700 ‐ CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE
52.204‐7 SYSTEM FOR AWARD MANAGEMENT JUL 2013
52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011
52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS JUL 2013
52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE JUL 2013
52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT AUG 2013
52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE NOV 2011
52.222‐3 CONVICT LABOR JUN 2003
52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014
52.222‐7 WITHHOLDING OF FUNDS MAY 2014
52.222‐8 PAYROLLS AND BASIC RECORDS MAY 2014
52.222‐9 APPRENTICES AND TRAINEES JUL 2005
52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988
52.222‐11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014
52.222‐12 CONTRACT TERMINATION‐DEBARMENT MAY 2014
52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS MAY 2014
52.222‐14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988
52.222‐15 CERTIFICATION OF ELIGIBILITY MAY 2014
52.222‐21 PROHIBITION OF SEGREGATED FACILITIES APR 2015
52.222‐26 EQUAL OPPORTUNITY APR 2015
52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION APR 2015
52.222‐36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL 2014
52.222‐50 COMBATING TRAFFICKING IN PERSONS MAR 2015
52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION MAY 2011
52.223‐6 DRUG‐FREE WORKPLACE MAY 2001
52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS MAY 2008 52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG 2011
52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008
52.228‐5 INSURANCE ‐ WORK ON A GOVERNMENT INSTALLATION JAN 1997
52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014
52.228‐13 ALTERNATIVE PAYMENT PROTECTIONS JUL 2000
52.228‐14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.228‐15 PERFORMANCE AND PAYMENT BONDS‐‐CONSTRUCTION OCT 2010
52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS MAY 2014
52.232‐17 INTEREST MAY 2014
52.232‐23 ALT I ASSIGNMENT OF CLAIMS (MAY 2014) ‐ ALTERNATE I APR 1984
52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS MAY 2014
52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER‐‐SYSTEM FOR AWARD MANAGEMENT JUL 2013
52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013
52.233‐1 DISPUTES MAY 2014
52.233‐3 PROTEST AFTER AWARD AUG 1996
52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
52.236‐3 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
52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS APR 1984
52.236‐12 CLEANING UP APR 1984
52.236‐13 ACCIDENT PREVENTION NOV 1991
52.236‐17 LAYOUT OF WORK APR 1984
52.236‐26 PRECONSTRUCTION CONFERENCE FEB 1995
52.236‐27 SITE VISIT (CONSTRUCTION) FEB 1995
52.242‐14 SUSPENSION OF WORK APR 1984
52.243‐5 CHANGES AND CHANGED CONDITIONS APR 1984
52.246‐12 INSPECTION OF CONSTRUCTION AUG 1996
52.246‐21 WARRANTY OF CONSTRUCTION MAR 1994
52.249‐1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (SHORT FORM) APR 1984
52.249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) APR 1984
52.253‐1 COMPUTER GENERATED FORMS JAN 1991
252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC 1991
252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP 2011
252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP 2013
252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992
252.204‐7004 ALT A SYSTEM FOR AWARD MANAGEMENT ALTERNATE A FEB 2014
252.223‐7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS SEP 2014
252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN 2013
252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS MAR 2013
252.225‐7048 EXPORT‐CONTROLLED ITEMS JUN 2013
252.227‐7033 RIGHTS IN SHOP DRAWINGS APR 1966
252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVNG REPORTS JUN 2012
252.232‐7010 LEVIES ON CONTRACT PAYMENTS DEC 2006
252.236‐7000 MODIFICATION PROPOSALS‐PRICE BREAKDOWN DEC 1991
252.242‐7006 ACCOUNTING SYSTEM ADMINISTRATION FEB 2012
252.243‐7001 PRICING OF CONTRACT MODIFICATIONS DEC 1991
252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC 2012
252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN 2013
252.247‐7023 ALT II TRANSPORTATION OF SUPPLIES BY SEA (APR 2014) ALTERNATE II APR 2014
252.247‐7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ‐ ALTERNATE I (APR 1984)
52.212‐4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415‐1‐15
52.225‐9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION 00800 ‐ SPECIAL CONTRACT REQUIREMENTS
CLAUSES INCORPORATED BY FULL TEXT
52.000‐4004 PARTNERING
52.228‐4002 INSURANCE
52.232‐4004 INVOICE PROCEDURES
52.236‐4006 SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385‐1‐1 (MAR 2015) .. 27
52.249‐5000 BASIS FOR SETTLEMENT OF PROPOSALS
AT/OPSEC 15: PRE‐SCREEN CANDIDATES USING E‐VERIFY PROGRAM
AT/OPSEC 2: ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES
AT/OPSEC 2B: FOR CONTRACTORS WHO DO NOT REQUIRE A CAC, BUT REQUIRE ACCESS TO A DOD FACILITY OR INSTALLATION
AT/OPSEC 4: SUSPICIOUS ACTIVITY REPORTING TRAINING
NOTES TO OFFERORS
1. PLEASE SUBMIT THE FOLLOWING WITH YOUR QUOTATION: A completed Standard Form (SF) 1442 with acknowledgement of Amendments and completed pricing schedule..
Quotations are due no later than the date and time indicated in Block 13 of the Standard Form (SF) 1442.
In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.
2. Evaluation of quotations will be conducted in accordance with Federal Acquisition Regulations (FAR) Part 13, Simplified Acquisition Procedures. Award will be made to the responsible firm whose offer represents the lowest price technically acceptable quotation.
3. Quotations may be sent by email (preferred) or by mail to:
U.S. Army Corps of Engineers – St. Paul District Attn: Virginia Regorrah, Contract Specialist 180 East 5th Street, Suite 700 Saint Paul, MN 55101-1678 virginia.m.regorrah@usace.army.mil
Questions concerning this solicitation should be directed to Virginia Regorrah, Contract Specialist, by email at virginia.m.regorrah@usace.army.mil . Questions must be received not later than 5 days prior to receipt of quotes. Questions received after the deadline may not be answered prior to closing.
4. A prospective contractor must be registered in SAM (System For Award Management), including online representations and certifications. Please see www.sam.gov for registration information.
5. As a department in the United States of America federal government, the United States Army Corps of Engineers is a tax-exempt entity. Its tax exempt status ID is 62-1642142.
6. A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis.
7. A determination by the government to not award based on the responses to this solicitation is solely within the discretion of the government.
WAGE RATES
General Decision Number: ND150015 01/02/2015 ND15
Superseded General Decision Number: ND20140015
State: North Dakota
Construction Type: Heavy
Counties: Adams, Barnes, Benson, Billings, Bottineau, Bowman, Burke, Cavalier, Dickey, Divide, Dunn, Eddy, Emmons, Foster, Golden Valley, Grant, Griggs, Hettinger, Kidder, La Moure, Logan, McHenry, McIntosh, McKenzie, McLean, Mercer, Mountrail, Nelson, Oliver, Pembina, Pierce, Ramsey, Ransom, Renville, Richland, Rolette, Sargent, Sheridan, Sioux, Slope, Stark, Steele, Stutsman, Towner, Traill, Walsh, Ward, Wells and Williams Counties in North Dakota.
HEAVY CONSTRUCTION PROJECTS (including Sewer & Water Line Construction & Drainage Projects and Excluding Industrial and Processing Plants and Refineries)
Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/02/2015
ELEC0714-009 06/30/2014
ADAMS, BILLINGS, BOTTINEAU, BOWMAN, BURKE, DIVIDE, DUNN,
EMMONS, GOLDEN VALLEY, GRANT, HETTINGER, MCHENRY, MCKENZIE,
MCLEAN, MERCER, MOUNTRIAL, OLIVER, PIERCE, RENVILLE, ROLLETTE,
SHERIDAN, SOIUX, SLOPE, STARK, WARD, & WILLIAMS COUNTIES:
Rates Fringes
CABLE SPLICER....................$ 38.92 8.37+10.5%
ELECTRICIAN......................$ 38.52 8.37+10.5%
ELEC1426-012 06/01/2014
BARNES, BENSON, CAVALIER, DICKEY, EDDY, FOSTER, GRIGGS, KIDDER,
LAMOURE, LOGAN, MCINTOSH, NELSON, PEMBINA, RAMSEY, RANSOM,
RICHLAND, SARGENT, STEELE, STUTSMAN, TOWNER, TRAILL, WALSH, &
WELLS COUNTIES:
Rates Fringes
ELECTRICIAN
CABLE SPLICER...............$ 28.30 11.26
ELECTRICIAN.................$ 27.59 11.37
* ENGI0049-037 10/01/2014
Rates Fringes
Power equipment operators:
GROUP 1.....................$ 26.45 14.35
GROUP 2.....................$ 25.55 14.35
GROUP 3.....................$ 25.15 14.35
GROUP 4.....................$ 25.15 14.35
GROUP 5.....................$ 24.30 14.35
POWER EQUIPMENT OPERATORS CLASSIFICATIONS:
GROUP 1: All Terrain Vehicle Cranes 80 tons and over, Hydro, Cranes, 80 Tons and over, Crane Operator with 135' boom and Over, Gantry Crane Operator, & Traveling Tower Crane.
GROUP 2: All Terrain Vehicle Cranes over 20 tons and up to 80 tons, Hydro Cranes 20 tons up to 80 tons, Creter Crane, & Crane Operator up to 135' Boom.
GROUP 3: All Terrain Vehicle Cranes thru 20 tons, Hydro Cranes thru 20 tons, Tractor with boom attachment.
GROUP 4: Push Tractor Roller
GROUP 5: Tractor pulling Compaction or Areating Equipment
* TEAM0638-001 10/01/2014
Rates Fringes
TRUCK DRIVER
ARTICULATED OFF ROAD HAULER.$ 26.10 11.20
SUND2000-007 05/04/2000
Rates Fringes
CARPENTER
CARPENTER (Including Form building & Concrete Forms).$ 13.98
Concrete Finisher/Cement Mason...$ 14.37 3.67
Ironworker
REINFORCING.................$ 17.03
Laborers:
Common......................$ 9.96 Pipelayers..................$ 10.48
PAINTER (Brush and Spray)........$ 18.14
Power equipment operators:
Backhoes....................$ 14.00 3.74 Bobcat......................$ 12.82 2.35 Bulldozer...................$ 14.06 4.00 Excavator...................$ 12.05 Front End Loader............$ 13.15 3.17 Mechanic....................$ 15.16 5.31 Motor Grader................$ 14.74 4.51 Scraper.....................$ 13.85 4.25 Self Propelled Packer.......$ 11.55 4.25 Sheepsfoot..................$ 12.57 3.23 Skidster....................$ 11.06 2.05
TRUCK DRIVER
Dump (Excludes Semi and Tandem Dump Trucks).........$ 11.39 3.60 Semi (Includes Semi Dump Trucks).....................$ 11.52 .23 Tandem (Includes Tandem Dump Trucks)................$ 11.14 1.63
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Section 00010 ‐ Solicitation Contract Form
Pricing Schedule
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Dewatering Pump 1 Job $_____________ $______________
0002 Discharge Piping 1 Job $_____________ $_____________
0003 Topsoil and Seed 1 Job $_____________ $_____________
0004 Discharge Outlet Scour
Protection 1 Job $______________ $_____________
NET AMT $_________________
52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5
A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.
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):
www.acquisition.gov
(End of provision)
Section 00600 ‐ Representations & Certifications
CLAUSES INCORPORATED BY REFERENCE
252.203‐7005 Representation Relating to Compensation of Former DoD Officials NOV
CLAUSES INCORPORATED BY FULL TEXT
52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $36.5 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
252.204‐7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN
2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
Section 00700 ‐ Contract Clauses
| CLAUSES | INCORPORATED | BY | REFERENCE | |||||
| 52.204‐7 | System | for | Award | Management | JUL | 2013 | ||
| 52.204‐9 | Personal | Identity | Verification | of | Contractor | Personnel | JAN | 2011 |
| 52.204‐10 | Reporting | Executive | Compensation | and | First‐Tier | Subcontract | Awards | JUL |
| 52.204‐13 | System | for | Award | Management | Maintenance | JUL | 2013 | |||
| 52.209‐6 | Protecting | the | Government's | Interest | When | Subcontracting | With | Contractors | ||
| Debarred, | Suspended, | or | Proposed | for | Debarment | AUG | 2013 | |||
| 52.219‐6 | Notice | Of | Total | Small | Business | Set‐Aside | NOV | 2011 | ||
| 52.222‐3 | Convict | Labor | JUN | 2003 | ||||||
| 52.222‐6 | Construction | Wage | Rate | Requirements | MAY | 2014 | ||||
| 52.222‐7 | Withholding | of | Funds | MAY | 2014 | |||||
| 52.222‐8 | Payrolls | and | Basic | Records | MAY | 2014 | ||||
| 52.222‐9 | Apprentices | and | Trainees | JUL | 2005 | |||||
| 52.222‐10 | Compliance | with | Copeland | Act | Requirements | FEB | 1988 | |||
| 52.222‐11 | Subcontracts | (Labor | Standards) | MAY | 2014 | |||||
| 52.222‐12 | Contract | Termination‐Debarment | MAY | 2014 | ||||||
| 52.222‐13 | Compliance | With | Construction | Wage | Rate | Requirements | and | Related | ||
| Regulations | MAY | 2014 | ||||||||
| 52.222‐14 | Disputes | Concerning | Labor | Standards | FEB | 1988 | ||||
| 52.222‐15 | Certification | of | Eligibility | MAY | 2014 | |||||
| 52.222‐21 | Prohibition | Of | Segregated | Facilities | APR | 2015 | ||||
| 52.222‐26 | Equal | Opportunity | APR | 2015 | ||||||
| 52.222‐27 | Affirmative | Action | Compliance | Requirements | for | Construction | APR | 2015 | ||
| 52.222‐36 | Equal | Opportunity | for | Workers | with | Disabilities | JUL | 2014 | ||
| 52.222‐50 | Combating | Trafficking | in | Persons | MAR | 2015 | ||||
| 52.223‐5 | Pollution | Prevention | and | Right‐to‐Know | Information | MAY | 2011 | |||
| 52.223‐6 | Drug‐Free | Workplace | MAY | 2001 | ||||||
| 52.223‐17 | Affirmative | Procurement | of | EPA‐Designated | Items | in | Service | and | ||
| Construction | Contracts | MAY | 2008 | |||||||
| 52.223‐18 | Encouraging | Contractor | Policies | To | Ban | Text | Messaging | While | Driving | AUG |
| 52.225‐13 | Restrictions | on | Certain | Foreign | Purchases | JUN | 2008 | ||||||
| 52.228‐5 | Insurance | ‐ | Work | On | A | Government | Installation | JAN | 1997 | ||||
| 52.228‐12 | Prospective | Subcontractor | Requests | for | Bonds | MAY | 2014 | ||||||
| 52.228‐13 | Alternative | Payment | Protections | JUL | 2000 | ||||||||
| 52.228‐14 | Irrevocable | Letter | of | Credit | NOV | 2014 | |||||||
| 52.228‐15 | Performance | and | Payment | Bonds‐‐Construction | OCT | 2010 | |||||||
| 52.232‐5 | Payments | under | Fixed‐Price | Construction | Contracts | MAY | 2014 | ||||||
| 52.232‐17 | Interest | MAY | 2014 | ||||||||||
| 52.232‐23 | Alt | I | Assignment | of | Claims | (May | 2014) | ‐ | Alternate | I | APR | 1984 |
| 52.232‐27 | Prompt | Payment | for | Construction | Contracts | MAY | 2014 | ||
| 52.232‐33 | Payment | by | Electronic | Funds | Transfer‐‐System | for | Award | Management | JUL |
| 52.232‐39 | Unenforceability | of | Unauthorized | Obligations | JUN | 2013 | ||||
| 52.233‐1 | Disputes | MAY | 2014 | |||||||
| 52.233‐3 | Protest | After | Award | AUG | 1996 | |||||
| 52.233‐4 | Applicable | Law | for | Breach | of | Contract | Claim | OCT | 2004 | |
| 52.236‐3 | 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 | |||||
| 52.236‐9 | Protection | of | Existing | Vegetation, | Structures, | Equipment, | Utilities, | and | ||
| Improvements | APR | 1984 | ||||||||
| 52.236‐12 | Cleaning | Up | APR | 1984 | ||||||
| 52.236‐13 | Accident | Prevention | NOV | 1991 | ||||||
| 52.236‐17 | Layout | of | Work | APR | 1984 | |||||
| 52.236‐26 | Preconstruction | Conference | FEB | 1995 | ||||||
| 52.236‐27 | Site | Visit | (Construction) | FEB | 1995 | |||||
| 52.242‐14 | Suspension | of | Work | APR | 1984 | |||||
| 52.243‐5 | Changes | and | Changed | Conditions | APR | 1984 | ||||
| 52.246‐12 | Inspection | of | Construction | AUG | 1996 | |||||
| 52.246‐21 | Warranty | of | Construction | MAR | 1994 | |||||
| 52.249‐1 | Termination | For | Convenience | Of | The | Government | (Fixed | Price) | (Short | Form) |
| APR | 1984 | |||||||||
| 52.249‐10 | Default | (Fixed‐Price | Construction) | APR | 1984 | |||||
| 52.253‐1 | Computer | Generated | Forms | JAN | 1991 | |||||
| 252.201‐7000 | Contracting | Officer's | Representative | DEC | 1991 | |||||
| 252.203‐7000 | Requirements | Relating | to | Compensation | of | Former | DoD | Officials | SEP |
| 252.203‐7002 | Requirement | to | Inform | Employees | of | Whistleblower | Rights | SEP | 2013 | |
| 252.204‐7003 | Control | Of | Government | Personnel | Work | Product | APR | 1992 | ||
| 252.204‐7004 | Alt | A | System | for | Award | Management | Alternate | A | FEB | 2014 |
| 252.223‐7006 | Prohibition | On | Storage, | Treatment, | and | Disposal | of | Toxic | or | Hazardous |
| Materials | SEP | 2014 | ||||||||
| 252.223‐7008 | Prohibition | of | Hexavalent | Chromium | JUN | 2013 | ||||
| 252.225‐7008 | Restriction | on | Acquisition | of | Specialty | Metals | MAR | 2013 | ||
| 252.225‐7048 | Export‐Controlled | Items | JUN | 2013 | ||||||
| 252.227‐7033 | Rights | in | Shop | Drawings | APR | 1966 | ||||
| 252.232‐7003 | Electronic | Submission | of | Payment | Requests | and | Receivng | Reports | JUN |
| 252.232‐7010 | Levies | on | Contract | Payments | DEC | 2006 |
| 252.236‐7000 | Modification | Proposals‐Price | Breakdown | DEC | 1991 | |
| 252.242‐7006 | Accounting | System | Administration | FEB | 2012 | |
| 252.243‐7001 | Pricing | Of | Contract | Modifications | DEC | 1991 |
| 252.243‐7002 | Requests | for | Equitable | Adjustment | DEC | 2012 |
| 252.244‐7000 | Subcontracts | for | Commercial | Items | JUN | 2013 | ||||||
| 252.247‐7023 | Alt | II | Transportation | of | Supplies | by | Sea | (APR | 2014) | Alternate | II | APR |
252.247‐7024 Notification Of Transportation Of Supplies By Sea MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
| 52.211‐10 | COMMENCEMENT, | PROSECUTION, | AND | COMPLETION | OF | WORK | (APR | 1984) | ||||
| ‐ | ALTERNATE | I | (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 installation of the dewatering pump, excavation, installation of the discharge piping, backfill, compaction and discharge outlet scour protection for use not later than 15 December 2015; (d) complete the topsoil and seeding no later than 1 June 2016. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 15 October 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of clause)
52.212‐4003 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER
415‐1‐15
a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSES: DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:
1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.
2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.
b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The weather station selected for this analysis was Grand Forks University NWS ND US, which has a period of record of 122 years (1893-2015). The actual numbers have been multiplied by 5/7 to account for the workweek.) The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.
GEOGRAPHIC LOCATION -- _HOMME DAM, PARK RIVER, ND
Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Days 20 17 9 3 4 5 4 4 3 2 7 17
Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the CONTRACT CLAUSES: DEFAULT (FIXED-PRICE
CONSTRUCTION).
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.
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