PRESOL | Z | spray on roofing | 24-Jul-08

FBO DAILY ISSUE OF JULY 24, 2008 FBO #2432
SOLICITATION NOTICE

Z -- spray on roofing

Notice Date: 7/22/2008
Notice Type: Combined Synopsis/Solicitation
NAICS: 238160 — Roofing Contractors
Contracting Office: Department of Agriculture, Agricultural Research Service, Pacific West Area Parlier, CA, San Joaquin Valley Sciences Center, 9611 S. Riverbend Ave., Parlier, California, 93648
ZIP Code: 93648
Solicitation Number: AG9135080001
Response Due: 8/5/2008
Archive Date: 8/20/2008
Point of Contact: Saul R Garcia,, Phone: 5595962956
E-Mail Address: sgarcia@fresno.ars.usda.gov
Small Business Set-Aside: Service-Disabled Veteran-Owned
Description: Spray on Roofing Insulation A site visit will be held 29 July 2008 at 10:00 at: USDA, ARS, PWA 17053 N. Shafter Ave Bldg. 119 Shafter, CA Contact Dale Spurgeon (661)746-8001 dale.spurgeon@ars.usda.gov for directions and to indicate your interest. Prospective offerors should visit the site prior to submitting offers to fully acquaint themselves as to existing conditions, conditions under which the work will be done, regulations of the department regarding work on the site, use of services, roads, utilities, etc, and other relevant matters. Failure on the part of the offeror to inspect the premises will not relieve the contractor from and responsibility for satisfactory and proper completion of this contract. Contract Clauses: 452.246-70 Inspection and Acceptance (FEB 1988) (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within immediately after award, as no bonds will be required, therefore no notice to proceed will be issued 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 120 days after award of the purchase. The time stated for completion shall include final cleanup of the premises. (End of clause) Payment Requests All payment requests must be submitted on the ARS Form 372 and ARS Form 371. Column C and D of ARS Form 371 should be updated to show the dates the work was actually done. Both forms should be submitted to the Contracting Officer's Representative. In order to process payment requests, certified weekly payrolls must also be submitted. If current payrolls have not been submitted to the Contracting Officer's Representative, the payment request will be returned. Requests for payment should be submitted to: USDA, ARS, PWA SJVASC, Saul Garcia 9611 S. Riverbend Ave Parlier, CA 93648 Contractor Proposed Change Orders With each proposal involving an increase or decrease in the contract price, the Contractor shall submit a written statement of the monetary extent of a claim for equitable adjustment. As a minimum the following shall be shown in the breakdown: a. Material quantities and unit costs b. Labor costs broken down by trades, hours worked and hourly rate. c. Rental or operation cost of construction equipment used exclusively on work involved in the change. d. Labor burden, including fringe benefits, workmen's compensation, public liability insurance. e. Overhead f. Profit g. FICA and FUTA Employment Taxes h. Sales Tax (if any) Work Hours Normal work hours are from 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractors will not be permitted to work on Saturday, Sunday, or legal holidays unless otherwise authorized by the Contractor Officer. Request to work overtime must be submitted a minimum of two days in advance of the date on which overtime use is anticipated. The exclusion of work on Saturday, Sunday and holidays has been considered in putting the performance time of this contract. The following legal holidays are observed: New Year's Day 1 January Martin Luther King, Jr. birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday of October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December When one of the above designated legal holidays fall on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies. Release from Claims Provide the following paragraph with your final invoice: The Contractor shall compile and submit a release of all claims against the Government arising under and by virtue of the purchase order, similar to the following with the final invoice or billing request: "For and in consideration of the receipt of final payment in the amount of $_________ under and pursuant to Purchase Order No. _______________, the undersigned releases the Government from any and all obligations whatsoever arising under said purchase order. ______________________________________ _____________ Signed, name and title of authorized Date representative of contractor 52.204-7 CENTRAL CONTRACTOR REGISTRATION (JULY 2006) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (Feb 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (EOs, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-5, Payments under Fixed-Price Construction Contracts (Sep 2002) (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-27, Prompt Payment for Construction Contracts (Sep 2005). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2007). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acqnet.gov (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (End of clause) 52.217-7 Option FOR INCREASE QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989) T he Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) 52.225-9 Buy American Act - Construction Materials (JAN 2005) (a) Definitions. As used in this clause - 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; 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 nonavailability 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, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) 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: 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. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including - (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American 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. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1 : Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. •· Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). (End of clause) 52.236-2 Differing Site ConditionS (Apr 1984) 52.236-3 Site Investigation and ConDItions Affecting the Work (Apr 1984) 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 52.236-8 OTHER CONTRACTS (APR 1984) 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITITIES, AND IMPROVEMENTS (APR 1984) 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) 52.236-12 CLEANING UP (APR 1984) 52.236-13 accident prevention (NOV 1991) 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984) 52.242-14 SUSPENSION OF WORK (APR 1984) •52.246-21 WARRANTY OF CONSTRUCTION (APR 1984) 452.228-71 INSURANCE COVERAGE (NOV 1996) •452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) PROVISIONS: 52.204-8 Annual Representations and Certifications (Jan 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160 (2) The small business size standard is SDVOSB. (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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) 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 (c) 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: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) 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. (End of provision) 52.211-6 Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) I52.217-5 Evaluation of Options. (Jul 1990) 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or service to be acquired under this solicitation are listed below: Contract Line Item(s): all NAICs Code: 238210 Size Standard: $13.0 million average annual receipts. (End of provision) 52.222-22 Previous Contract and Compliance Reports, if 52.222-26 is applicable. 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999) 52.225-10 Notice of Buy American Act Requirement-Construction Materials (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. (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 nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) 52.228-13 Alternative Payment Protections. As prescribed in 28.102-3 (b), insert the following clause: Alternative Payment Protections (July 2000) (a) The Contractor shall submit one of the following payment protections: ________________________________________________ ________________________________________________ ________________________________________________ (b) The amount of the payment protection shall be 100 percent of the contract price. (c) The submission of the payment protection is required within _________ days of contract award. (d) The payment protection shall provide protection for the full contract performance period plus a one-year period. (e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties. (f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement. (End of clause) 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996) If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA, Agricultural Research Service. (End of provision) 52.223-1 Biobased Product Certification (Dec 2007) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(c)(3) ), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements. (End of provision) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Dec 2007) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless- (1) The product cannot be acquired- (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred. (End of clause) 52.222-6 Davis Bacon 52.222-7 Withholding of funds 52.222-8 Payrolls and basic Redorcs 52.222-13 Compliance with Davis Bacon 52.222-14 Disputes 52.222-15 Clarifications
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Place of Performance: Address: Shafter research and extension center, 17053 N. Shafter Ave., Shafter, California, 93263, United States; Zip Code: 93263
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