SOLICITATION NOTICE
Z -- lead based paint abatement of a government owned single family house
- Notice Date
- 8/28/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 531390
— Other Activities Related to Real Estate
- Contracting Office
- Department of Agriculture, Rural Development, New York State Office, The Galleries of Syracuse, 441 South Salina Street, Suite 357, 5th Floor, Syracuse, New York, 13202, United States
- ZIP Code
- 13202
- Solicitation Number
- 37-08-006
- Archive Date
- 9/27/2008
- Point of Contact
- Richard C. Brower,, Phone: 3154776406, Carla A. Reese,, Phone: 315-477-6402
- E-Mail Address
-
richard.brower@ny.usda.gov, carla.reese@ny.usda.gov
- Small Business Set-Aside
- Total Small Business
- Description
- REQUEST FOR QUOTATIONS (THIS IS NOT AN ORDER)This RFQ is not a Small Business-Small Purchase Set-Aside (52.219-4)PAGE OF 1PAGES 12 + Exhibits 1. REQUEST NO. 37-08-0062. DATE ISSUED 8/28/20083. REQUISITION/PURCHASE REQUEST No. 4. CERT. FOR NAT. DEF. UNDER BDSA REG.2 AND/OR DMS REG 1RATING NA 5A. ISSUED BY USDA, Rural Development The Galleries of Syracuse6. DELIVER BY (DATE) 9/12/2008 441 S. Salina St., Ste. 357 Syracuse, NY 132027. DELIVERY FOB OTHER X Destination 0 (See Schedule) 5B. FOR INFORMATION CALL: RICHARD C. BROWER, CONTRACTING OFFICER (315) 477-64069. DESTINATION (Consignee and address, including ZIP Code) 8.TO: NAME AND ADDRESS, INCLUDING ZIP CODERD Manager USDA, Rural Development 1942 Old Dekalb Rd. Canton, NY 13617 10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE Close of Business 9/12/200811. BUSINESS CLASSIFICATION (Check appropriate boxes) a. STANDARD INDUSTRIAL b. SMALL BUSINESS CLASSIFICATION CODE______________ SIZE STANDARD _________________ OTHER THAN c. 0 SMALL 0 SMALL 0 DISADVANTAGED 0 WOMEN-OWNED IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. 12. SCHEDULE (Include applicable Federal, State and local taxes) Item No. (a)SUPPLIES/SERVICES (b)QUANTITY (c)UNIT (d)UNIT PRICE (e)AMOUNT (f) 01Contractor to provide all materials, labor, tools, supplies transportation, landfill arrangements and other items necessary to complete lead based paint abatement activities which could include wet scraping, replacement, and repainting in a government owned two story single family residence and related outbuildings in accordance with all Federal, State and Local laws. The residence has been inspected for lead based paint and contamination has been found to be present. Copies of the lead inspection results are attached to this RFQ. See Page 2 for Lead Paint and possible Asbestos warnings. Certified abatement workers who successfully completed a lead based paint and asbestos abatement worker course accredited by the EPA must conduct abatement. A lead based paint supervisor certified by EPA must supervise all workers on site. The contractor (and any subcontractors) must be licensed in the State of New York to do the above services. A copy of the Contractor's current license(s) must be attached and returned with this RFQ. LOCATION: 25 HIGH STREET, TUPPER LAKE, NY. All work to be completed within 90 days of acceptance of the Purchase Order by the contractor. 13. DISCOUNT FOR PROMPT PAYMENT10 CALENDAR DAYS %20 CALENDAR DAYS %30 CALENDAR DAYS % CALENDAR DAYS % NOTE: Additional provisions and representations 0 are 0 are not attached. 14. NAME AND ADDRESS OF QUOTER (Street, city, county, Sate and ZIP Code) 15. AUTHORIZED SIGNATURE 16. DATE OF QUOTATOIN 17. NAME AND TITLE OF SIGNER (Type or print) 18. TELEPHONE NO. (Include Area Code) NSN 7540-01-152-808518-121STANDARD FORM 18 (REV. 5-93 PREVIOUS EDITION NOT USABLE Prescribed by GSA *U.S. GPO 1993-300-892/60147FAR (49 CFR) 53.215-a(a) OBJECTIVE USDA, Rural Development requires the services of a company that is EPA Certified to perform lead hazard control services in New York. The property is an Agency inventory property and all identified lead hazards must be abated in accordance with the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as Title X HUD Rule 1012 and 1013 of Title X, activated in September 2000. The specific reference is Subpart C -Disposition of Residential Property Owned by a Federal Agency Other than HUD, which states the Federal agency shall abate all identified lead-based paint hazards in accordance with 40 CFR 745.227. Abatement is completed when clearance is achieved in accordance with 40 CFR 745.227. All lead abatement rehabilitation work outlined below should be completed in accordance with all appropriate state and federal regulations. Furthermore, it should be assumed that in any area where rehabilitation is to be completed, that there could be asbestos containing materials. Therefore, both lead and asbestos safe work practices must be conducted in the areas outlined below in accordance to all applicable state and federal guidelines. Any items removed from the property must also be disposed of in accordance with all appropriate state and federal regulations. All lead based paint to be removed as listed below in such a manner as to prevent possible asbestos containing material from becoming hazardous. Contractor must possess current certification with the EPA and/or the State of New York to perform lead hazard and asbestos control services. Certified abatement workers who successfully completed a lead based paint and asbestos abatement worker course accredited by EPA and/or the State of New York must conduct abatement. A lead based paint supervisor certified by EPA must supervise all workers on site. SERVICES AND PRICES PRICE SCHEDULE The Contractor shall provide the following services at the price listed for each job. The quoted prices shall include all wages, indirect costs, travel (mileage), overhead, general and administrative expense, profit, materials, labor, tools, supplies, permits, etc. All items removed from property are to be disposed of in accordance with appropriate regulations and lead hazard based paint requirements. See attached floor layouts (not drawn to scale). LOCATION: 25 High St., Tupper Lake, NY All lead based paint to be removed as listed below. On exterior areas, ground cover will be used to prevent ground contamination. No soil to be removed unless contamination occurs. Signs will be placed indicating that lead based paint removal is being done. Perform specialized cleaning using HEPA vacuum and wet cleaning methods throughout the house. All work for each line item should include any additional materials not listed specifically in order to obtain final clearance by certified inspector. If work is substantially changed due to hidden conditions or deterioration that is not visibly obvious, contractor is to contact the Contracting Officer to report the problem and await further instructions. Specification: Rural Development requires the following work: Lead Abatement Scope of Work 25 High Street, Tupper Lake, NY (formerly Reandeau #9005126551) Property consists of a two-story brick style (main dwelling) and a 1-car detached garage. Several lead based paint hazards were identified on both the main dwelling and garage. 1. MAIN DWELLING: All windows (to include window sills, window casings, jambs, trimwork etc.) in the main dwelling are to be removed and replaced with double-hung vinyl type replacement windows (double-glazed, argon filled with at least R-4 rating, low-end window units-Pella or equal). Approximately 33 windows in all are to be removed/replaced. Interior window trim work is to be replaced with pine trim of equal measurements and left unpainted. Exterior window trim work is to be primed and then painted with at least two coats exterior white paint. Windows and window trim work dimensions are as follows: A. Back porch (sketch suggests 5 windows in all separated by trimwork) Window #1 dimensions 32 x 60 /trim work dimensions 1 thick x 6 wide x 68 @2 pieces & 1 x 6 x 32 @2 pieces Window #2 dimensions 32 x 60 /trim work dimensions 1 thick x 6 wide x 68 @2 pieces & 1 x 6 x 32 @2 pieces Window #3 dimensions 32 x 60 /trim work dimensions 1 thick x 6 wide x 68 @2 pieces & 1 x 6 x 32 @2 pieces Window #4 dimensions 28 x 40 /trim work dimensions 1thick x 6 wide x 54 @ 2 pieces & 1x 6x 28 @ 2 pieces Window #5 dimensions 28 x 40 /trim work dimensions 1thick x 6 wide x 54 @ 2 pieces & 1x 6x 28 @ 2 pieces B. Diningroom (sketch suggests 2 windows side-by-side but separated by trim work) Window #1 dimensions 30x60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 2 piece Window #2 dimensions 30x60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 2 piece C. Kitchen (sketch suggests 3 windows side-by-side but separated by trim work) Window #1 dimensions 28 x 40 /trim work dimensions 1thick x 4 wide x 48 @ 2 pieces & 1x4x 28 @ 2 pieces Window #2 dimensions 28 x 40 /trim work dimensions 1thick x 4 wide x 48 @ 2 pieces & 1x4x 28 @ 2 pieces Window #3 dimensions 28 x 40 /trim work dimensions 1thick x 4 wide x 48 @ 2 pieces & 1x4x 28 @ 2 pieces D. Playroom/Livingroom/Common Area (sketch suggests 2 windows side-by-side on wall #2; 1 window on each side of entrydoor-wall #1 and one window on wall 4) Window #1 dimensions 30x60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 1 piece Window #2 dimensions 30x60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 1 piece Window #3 dimensions 28 x 40 /trim work dimensions 1thick x 6 wide x 54 @ 2 pieces & 1x 6x 28 @ 2 pieces Window #4 dimensions 28 x 60 /trim work dimensions 1 thick x 6 wide x 76 @2 pieces & 1 x 6 x 28 @ 2 pieces Window #5 dimensions 28 x 60 /trim work dimensions 1 thick x 6 wide x 76 @2 pieces & 1 x 6 x 28 @ 2 pieces Window #6 dimensions 28 x 60 /trim work dimensions 1 thick x 6 wide x 76 @2 pieces & 1 x 6 x 28 @ 2 pieces E. 2nd floor/5 Bedrooms-1Bath/Hallway Window #1 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #2 dimensions54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #3 dimensions 30x 60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 1 piece Window #4 dimensions 30 x 60 /trim work dimensions 1thick x 4wide x 68 @ 2 pieces & 1 x 4 x 30 @ 1 piece Window #5 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #6 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #7 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #8 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #9 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #10 dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #11dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #12dimensions 54x 64 /trim work dimensions 1 thick x 4 wide x 72 @2 pieces & 1 x 4 x 54 @ 2 pieces Window #13 dimensions 28 x 52 /trim work dimensions 1 thick x 4 wide x 60 @2 pieces & 1 x 4 x 30 @ 2 pieces Window #14 dimensions 28x 52 /trim work dimensions 1 thick x 4 wide x 60 @2 pieces & 1 x 4 x 30 @ 2 pieces Window #15 dimensions 28 x 32 /trim work dimensions 1 thick x 4 wide x 40 @2 pieces & 1 x 4 x 28 @ 2 pieces Window #16 dimensions 34 x 68 /trim work dimensions 1 thick x 4 wide x 78 @2 pieces & 1 x 4 x 34 @ 2 pieces Window #17 dimensions 34 x 68 /trim work dimensions 1 thick x 4 wide x 78 @2 pieces & 1 x 4 x 34 @ 2 pieces $___________________________ 2. MAIN DWELLING EXTERIOR TRIM WORK: The eaves, soffits and fascia boards on the 1st and 2nd floor of the main dwelling are to be removed and replaced with new eaves, soffits and fascia boards on both levels. Main dwelling circumference dimensions are noted below. The 2nd floor level has approximately the same dimensions as the 1st floor level. Main dwelling dimensions 41 X 28 taken from ground level (will cover fascia boards/soffits) Eaves Soffitt : 1 thick X 2 deep (approx. depth and thickness measurements) Fascia : 1 thick X 8 high $___________________________ 3. FRONT PORCH ENTRY-WAY DOOR: Remove and install new door, to include trim work/casings/door jambs. Door is to be replaced with exterior steel door. Exterior trim work is to be primed and painted with two coats premium quality exterior white paint. Interior trim work is to be left unpainted. Approx. door/trim work dimensions are as follows: Door: 36 X 82 Trim work 4 pieces @ 1 thick x 4 wide x 94 long 2 pieces @ 1 thick x 4 wide x 88 long $___________________________ 4. REAR PORCH ENTRY-WAY DOOR: Remove and install new door, to include trim work/casings/door jambs. Door is to be replaced with exterior steel door. Exterior trim work is to be primed and painted with two coats premium quality exterior white paint. Interior trim work is to be left unpainted. Approx. door/trim work dimensions are as follows: Door: 32 x 80 Trim work 2 pieces @ 1 thick x 4 wide x 84 long 1 piece @ 1 thick x 4 wide x 32 long $___________________________ 5. SIDE DOOR (RIGHT SIDE OF MAIN DWELLING): Remove and install new door, to include trim work/casings/door jambs. Door is to be replaced with exterior steel door. Exterior trim work is to be primed and painted with two coats good quality exterior white paint. Interior trim work is to be left unpainted. Approx. door/trim work dimensions are as follows: Door: 32 x 80 Trim work: 2 pieces @ 1 thick x 4 wide x 84 long 1 piece @ 1 thick x 4 wide x 32 long $___________________________ 6. KITCHEN WALLS: All walls in the kitchen are to be removed with new sheetrock installed on all four walls. Sheetrock seams/joints are to be taped and filled with joint compound, sanded and made ready for painting. Walls are to be left unpainted. Approximate wall dimensions are as follows: Wall #1 dimensions 22 x 8 Wall #2 dimensions 14 x 8 Wall #3 dimensions 14 x 8 Wall #4 dimensions 7 x 8 $___________________________ 7. 2ND FLOOR BATHROOM: Remove and replace entire bathroom ceiling approximately 44 sq. foot in size (6 x 74). Install new ceiling covering (Sheetrock Brand ½ thick water resistant sheetrock). Sheetrock seams/joints are to be taped and plastered with joint compound, sanded to a smooth finish and painted with one coat interior water-resistant primer and two coats water-resistant medium-high gloss white interior paint. $_______________________ 8. GARAGE: The two back wall window casings/sills/trimwork are to be removed and replaced, with two new replacement windows being installed (double-hung vinyl type replacement windows double-glazed, argon filled with at least R-4 rating, low-end window units-Pella or equal). Window trim-work is to be replaced with standard sized pine trim work with both interior/exterior trim work being primed and painted with two coats premium quality exterior white paint. Window #1-back wall 2 4 X 46 Window #2-back wall 24 X 46 $___________________________ 9. GARAGE: Garage front-wall overhead door frame-work is to be completely removed and replaced with new framework. A new overhead door is not to be installed (only the framework). Frame work is to be primed and painted with two coats premium quality exterior white paint. Front wall 2@ 8 X 4 1@ 9 X 4 $___________________________ 10. GARAGE: Garage fascia boards/soffits are to be removed and replaced with new fascia boards/soffits. Fascia boards/soffits for all 4 sides 20 X 17 (overall garage dimensions) Soffits are 18 and fascia board is 5. $___________________________ 11. GARAGE ROOF: Damaged sections of the garage roof are to be removed and replaced with new roof decking to match thickness of existing roof decking. The entire roof is to be re-shingled with 20 year black shingles. Damaged Roof 560 sq. ft. (approx measurements for damaged sections only) $___________________________ 12. SOIL ABATEMENT: The soil around the main dwelling and detached garage driplines needs to be abated. Soil around the drip line(s) is to be removed to a depth no less than 6-8 inches. Once soil is removed, replace soil with bark/mulch to a depth no less than 8-10 inches. Prior to installing bark/mulch, all walks, driveways, lanes and any streets adjacent to the excavation area should be cleaned of all contaminated soil. All loose soil is to be scraped, washed and wet-swept from the above mentioned surfaces. 20 X 17 (garage dimensions) 41 X 28 (main dwelling dimensions) $___________________________ Workers must follow removal requirements as listed under Abatement 24 CFR 35.120(b). Safe Work Practices 24 CFR 35.1350, Worksite Preparation and Containment 24 CFR 35.1345, Worksite Clean up 24 CFR 35.1350(c) and Clearance Examination 24 CFR 35.1340. In those areas where soil is removed, replacement topsoil, mulch or similar material will be brought in its place. Contaminated soil, debris, containment materials and lead dust will be properly disposed of using a method that is acceptable to EPA and HUD. Work will be completed using lead safe work practices to the extent that clearance is achieved. Final payment will be made once the reassessment report states that all lead hazards have been abated. TOTAL COST$____________* *CONTRACTOR IS TO COMPLETE. DESCRIPTION/SPECIFICATIONS/WORK STATEMENT In the performance of the required tasks previously outlined, the Contractor may encounter unforeseen additional work. In this regard, and as set forth in the clause entitled Changes and Changed Conditions, made a part of this purchase order (contract), the Contractor is further required to: 1. If necessary, place all utilities in service and determine repairs or replacements which should be made. 2. Recommend additional repairs or replacement which should be made to increase utility or aesthetic value or to meet Minimum Property or Thermal Standards. 3. Prepare and deliver to the Inspection Office listed in the INSPECTION AND ACCEPTANCE Paragraph 1(b), a list of recommendations, in accordance with a or b above, together with the Contractors quotation for performing each work item recommended. As detailed in the Changes and Differing Site Conditions clauses the Contractor is not authorized to proceed with any of its recommended jobs until so specifically authorized by the Contracting Officer. Upon agreement as to the work actually required, and any appropriate equitable adjustment in the cost of, or the time required for performing the work, the Contracting Officer will modify the purchase order accordingly. INSPECTION AND ACCEPTANCE 1. INSPECTION AND ACCEPTANCE (AGAR 452-246-70) (FEB 1988) (a) The Contracting Officer or the Contracting Officers duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance will be performed at the address of the Contracting Officers Point of Contact (POC). 2. FINAL INSPECTION: The abatement work will not be considered acceptable until the site passes a reassessment examination conducted by ESPC. 1785 Military Turnpike, Suite 13, Plattsburgh, NY 12901, Attn: Jasper Strong. Contractor is responsible for contacting ESPC at 518-563-9445 to coordinate the clearance examination. The Contractor shall give the Inspector a minimum of seven (7) calendar days advance notice of the date the work will be fully completed and ready for final inspection. USDA, Rural Development will bear the cost of the exam. The Contractors responsibility will terminate when all work has been completed, the final inspection made and work accepted by the USDA. The Contractor will then be released from further obligation except as required by the warranty clause of this purchase order, if required, or any other additional warranties offered by the Contractor or its Subcontractors and Suppliers. DELIVERIES, PERFORMANCE AND PAYMENT 1. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (FAR 52.211-10) (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire Work ready for use not later than 90 calendar days after the date the Contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises. Contractor must provide seven (7) calendar days notice prior to completion of work so arrangements can be made for lead abatement assessment inspection by the RD office in Batavia, NY. Cost of reassessment report will be born by Rural Development. 2. PAYMENTS: Payment will be made upon Contractors completion of the required work, inspection and acceptance of the work by the Contracting Officers Representative and submission of a proper invoice by the Contractor. Exhibit A is a sample of the format for a proper invoice. SPECIAL CONTRACT REQUIREMENTS/CLAUSES 1. CONDUCT (FmHA 452.203-70-4d) (August 1990) During the course of this contract, the Contractor will maintain the same high standards of honesty, integrity, impartiality, confidentiality of information, and conduct as Government employees are expected to maintain. The Contractor will not engage in other employment which is incompatible with the duties of this contract. The Contractor will not, directly or indirectly, engage in financial transactions or any kind of business dealings relying on information obtained through the performance of this contract. The Contractor will not have a direct or indirect financial or other interest that conflicts, or appears to conflict, with its responsibilities and duties under this contract. 2. The Contractor shall be liable for any loss from, or injury to, any property resulting solely from the Contractors negligence and/or failure to perform the services provided for herein. 3. The Contractor waives, releases, and discharge the Government from any and all claims, demands, and causes for action for damages to persons(s)/or property which may arise in any manner incident to the execution of this contract, except his/her rightful claim for payment or compensation, as provided herein. 4. CONTRACTOR QUALIFICATIONS: Contractor must possess current certification with the EPA to perform lead hazard control services in New York. Certified abatement workers who successfully completed a lead-based paint abatement worker course accredited by EPA must conduct abatement. A lead based paint abatement supervisor certified by EPA must supervise all workers on site. 5. The Contractor shall obtain the services of qualified employees in all instances, and the Contractor is responsible for actions or omissions of employees in performance of work under this contract. The Contractor shall not commit, nor permit to commit any waste, or unlawful acts or nuisances upon property assigned. 6. COMPLIANCE WITH CODES: The Contractor will comply with all state, city and local codes, laws, and ordinances in effect at the time of the award of the contract and applicable to such work. This includes, but is not limited to the proper use of equipment, setting up work area in order to contain any lead dust or debris that is created, performing job using lead safe work practices, cleaning as work is performed and proper disposal of lead dust and debris. Contractor shall obtain at his expense, such permits, certificates and licenses as may be required in the performance of the work specified. 7. INSURANCE: Contractor must maintain lead insurance coverage of at least one million dollars in addition to general liability insurance and other insurance adequate to cover a business operation. 8. STORAGE: The Contractor may use the premises of the dwelling on which it is working for storage of equipment, tools, and materials. However, USDA, Rural Development assumes no responsibility for any tools, materials, or equipment stored by the Contractor. No combustible materials, or other fire hazards shall be left or allowed to accumulate. 9. SANITARY REQUIREMENTS: If the sanitary facilities contained in the dwelling(s) are inadequate or nonfunctional, the Contractor shall provide, at its own expense, adequate sanitary facilities for its workmen. All facilities shall be maintained in a clean and hygienic condition at all times and secured during nonworking hours. 10. MINIMUM STANDARDS: Minimum Property (construction and repair) and Federal Standards specified in RD Instruction 1924-A (available in any USDA, Rural Development Office) are applicable to this contract. 11. SUBSTITUTIONS AND/OR APPROVED EQUAL: Where a particular make, brand, or type or material or equipment is mentioned in the specifications, it is to denote quality standard of article desired, but does not restrict Contractor to brand specified. However, any substitution must meet with the approval of the Contracting Officer or his/her authorized representative. If after award the Contractor is unable to obtain specified materials, he/she will request approval of such substitution, in writing, to the CO or COR. Submittals for approval of substitute materials must contain sufficient information, descriptive brochures, drawings, samples, or other data as is necessary to provide direct comparison to the specified material. 12. BUILDING, SIZE AND DIMENSIONS: RD will not be responsible for any error or variation in the dimensions or sizes in the specifications and drawings. Nor will the Contractor, because of an error or variation, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications. 13. GOVERNMENT FURNISHED MATERIAL: Prospective Contractors and the successful Contractor will contact Brian Murray, RD Manager, USDA-Rural Development, 3 Commerce Lane, Canton, NY 13617 at (315) 386-2401 extension 4 to coordinate the following; (a) Keys to premises (The successful Contractor will return all keys to Rural Development at final inspection. (b) Initial plans and specifications, if available. (c) Review of FmHA and RD Instructions (regulations). (d) Necessary posters and forms. 14. POST AWARD CONFERENCE: A post award telephone conference is required. The contractor will contact the Point of Contact in item #13 above to schedule the conference within 48 hours of receipt of the Purchase Order or contract award whichever is later. The conference is to be with the appointed Point of Contact. 15. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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://www.arnet.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.203-7Anti-Kickback Procedures Jul 1995 52.204-7 Central Contractor Registration. Oct 2003 52.204-8 Annual Representations and CertificationsJan 2005 52.209-5Certification Regarding Debarment, Suspension,Proposed Debarment, and Other Responsibility MattersDec 2001 52.211-10 Commencement, Prosecution, and Completion of WorkApr 1984 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development Sept 2000 52.213-4Terms and Conditions Simplified Acquisitions (Other than Commercial Items) May 2002 52.219-6Notice of Total Small Business Set-AsideJul 1996 52.222-4Contract Work Hours and Safety Standards Act Overtime CompensationSep 2000 52.222-5David-Bacon ActFeb 1995 52.222-7Withholding of FundsFeb 1988 52.222-8Payrolls and Basic RecordsFeb 1988 52.222-9Apprentices and TraineesFeb 1988 52.222-10Compliance with Copeland Act RequirementsFeb 1988 52.222-11Subcontracts (Labor Standards)Feb 1998 52.222-12Contract Termination DebarmentFeb 1998 52.222-13Compliance with Davis-Bacon and Related Act RegulationsFeb 1988 52.222-14Disputes Concerning Labor StandardsFeb 1988 52.222-15Certification of EligibilityFeb 1988 52.222-23Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for ConstructionFeb 1999 52.222-27Affirmation Action Compliance Requirements for ConstructionFeb 1999 52.223-13 Certification of Toxic Chemical Release Reporting Aug 2003 52.223-14 Toxic Chemical Release Reporting Aug 2003 52.225-10 Notice of Buy American Act Requirement-Construction Materials May 2002 52.225-13 Restrictions on Certain Foreign PurchasesDec 2003 52.232-5Payments under Fixed-Price Construction Contracts Sept 2000 52.232-23Assignment of ClaimsJan 1986 52.232.27Prompt Payment for Construction ContractsFeb 2002 52.232-33Payment by Electronic Funds Transfer-Central Contractor Registration Oct 2003 52.233-2 Service of Protest Aug 1996 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract ClaimOct 2004 52.236-5Material and WorkmanshipApr 1984 52.236-7Permits and Responsibilities Nov 1991 52.236-13 Accident Prevention Nov 1991 52.236-14Availability and Use of Utility ServicesApr 1984 52.236-28 Preparation of Proposals-Construction Oct 1997 52.242-14Suspension of WorkApr 1984 52.243-5Changes and Changed ConditionsApr 1984 52.236-13 Accident Prevention Nov 1991 AGRICULTURE ACQUISITION REGULATION CLAUSES (FAR Part 12) AGAR Provision 452.219-70 Size Standard and NAICS Code Information Jan 2005 LIST OF ATTACHMENTS Exhibit A Sample Invoice Format, 1 page. Exhibit B Buy American Act/Balance of Payment Programs Exhibit C Department of Labor Wage Determination Exhibit D Vendor Confidential Information Exhibit E Lead Based Paint Risk Assessment Report dated 12/31/2007 REPRESENTATIONS AND CERTIFICATIONS 52.204-8 Annual Representations and Certifications. (a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (b) applies. [ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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 ORCA. INSTRUCTIONS, CONDITIONS AND NOTICES 1.ALTERATION IN SOLICITATION (FAR 52.252.3)(APR 1984) Portions of this solicitation are altered as follows: The terms Quotation and Quoter are substituted for Offer and Offeror or Proposal and Proposer whenever they occur in this solicitation. 2.DATA UNIVERSAL NUMBERING SYSTEMS (DUNS) (FAR 52.204-6) (JUN 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.customerservice@dnb.com. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com. 3.PREPARATION AND SUBMISSION OF OFFERS/QUOTATIONS: Offerors/quoters shall prepare and submit their offers as outlined below: a.Offerors/quoters are responsible for examining the solicitation, inserting the requested information in the blanks/blocks provided on the SF 18, the Price Schedule, and the Representations and Certifications. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the offer/quotation. b.Offerors/quoters are to submit one fully executed copy of the solicitation to the address indicated in Block 5A on page 1 of the solicitation. This submission must be received by the closing date indicated in Block 10 on the SF 18 (page 1). Facsimile (FAX) proposals are not authorized and will not be considered for award. NOTE: Offerors/quoters that fail to submit the requested information may be determined unacceptable and may not be considered for award. 4. INQUIRES (AGAR 452.204.71) (FEB 1988) Inquires and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award. AWARD BASIS FOR AWARD: The Government will evaluate the responses to this solicitation on the basis of price and any price-related factors specified elsewhere in this solicitation. A purchase order (contract) will be issued to the overall lowest responsive, responsible quoter. Responsibility will be determined in accordance with FAR Subpart 9.1. SAMPLE INVOICE FORMATEXHIBIT A ________________________ __________________________ Invoice NumberInvoice Date Purchase Order No._________________________________________ Payment to be sent to: ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬______________________________________________________ Name ______________________________________________________ Address ______________________________________________________ Address ______________________________________________________ City StateZip Code DESCRIPTION OF WORK PERFORMED: Discount/Payment Terms:_____________________ Payment Amount Due:________________________ __________________________________ Contractors Signature BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAMEXHIBIT B 1.BUY AMERICAN ACT CONSTRUCTION MATERIALS (FAR 52.225-9)(MAY 2002) (a) Definitions. As used in this clause-- "Component" means any article, material, or supply incorporated directly into construction materials. "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 end product. "Domestic construction material" means-- (1) An unmanufactured construction material mined or produced in the United States; or (2) A construction material manufactured in the United States, if 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 non-availability determinations have been made are treated as domestic. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands, and any other place subject to U.S. jurisdiction, but does not include leased bases. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) and the Balance of Payments Program by providing a preference for domestic construction material. 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 the construction material or components listed by the Government as follows: _________________________________________________________________________________ [Contracting Officer to list applicable excepted materials or indicate "none"] (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-- (i)The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American 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. Exhibit B Page 2 (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. (i)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). (ii)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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the information and any applicable supporting data based on the survey of suppliers. 2.NOTICE OF BUY AMERICAN ACT CONSTRUCTION MATERIALS (FAR 52.225-10) (MAY 2002) (a) Definitions. "Construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. EXHIBIT B Page 3 (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as non-responsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.
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