Solicitation_12837919Q0006_-_Santa_Fe_NF_Forest-Road_Resurfacing_Project.pdf

pg. 1

Important items applicable to a contract resulting from this solicitation:

1.) Performance and Payment Bonds are required in an amount equal to 100% of the Contract Value resulting from this solicitation. Reference Contract Clause 52.228-15 PERFORMANCE AND

PAYMENT BONDS.

2.) Prospective contractors shall submit an offer on the base item and all optional items solicited.

3.) If the contractor has questions about the project they shall submit them in writing to both the CO –

Joseph Varoz (joseph.varoz@usda.gov) and COR – Albert Martinez (albert.j.martinez@usda.gov) no later than Friday, July 12th, 2019 at 10:00 AM MDT.

4.) A link for maps of Forest Service Roads is included below:

https://www.fs.usda.gov/detail/santafe/landmanagement/projects/?cid=stelprdb5412097

CHECKLIST OF MINIMUM REQUIREMENTS

TO RESPOND TO THIS REQUEST FOR QUOTATIONS (RFQ)

_____ Respond with the complete RETURN PACKAGE – See Page 37 for Past Performance / Technical

Capability/Price

_____ Provide your DUNS number _______________________

_____ Provide business email address to facilitate communications ______________________

_____ Have active vendor record for the DUNS number above in the System for Award Management (SAM) https://www.sam.gov

Completed offers be emailed only to: joseph.varoz@usda.gov mailto:joseph.varoz@usda.gov mailto:albert.j.martinez@usda.gov https://www.fs.usda.gov/detail/santafe/landmanagement/projects/?cid=stelprdb5412097 https://www.sam.gov/

pg. 2

Section B – The Schedule

Schedule of Items - Base Bid - NFSR 539

Item

Number Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

1,436 tons

303(01) Roadbed

Reconditioning

1.0 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

Tax

Total:

Schedule of Items - Option A - NFSR 103

Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

5,024 tons

303(01) Roadbed

Reconditioning

3.5 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

pg. 3

Schedule of Items - Option B - NFSR 95

Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

1,436 tons

303(01) Roadbed

Reconditioning

1.0 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

Schedule of Items -Option C - NFSR 31

Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

2,153 tons

303(01) Roadbed

Reconditioning

1.5 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

pg. 4

Schedule of Items - Option D - NFSR 534

Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

718 tons

303(01) Roadbed

Reconditioning

0.5 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

Schedule of Items - Option E - NFSR 144

Description Quantity Unit

Unit

Price Amount

302(01)

Furnish, Placing, Compacting, and

Finishing Minor

Crushed

Aggregate

7,895 tons

303(01) Roadbed

Reconditioning

5.5 mile

154(01)

Contractor

Sampling and

Testing

1.0 LMPSM

151(01) Mobilization All LMPSM

Subtotal

Contractor Signature____________________________________Date_______________________

DUNS #:_______________________________________________FED TAX ID#_____________________

pg. 5

Section C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Project: Forest Road Re-Surfacing

1.0 Scope of Contract

The Contractor shall re-surface thirteen (13) miles on six (6) National Forest System Roads (NFSR) at the

Santa Fe National Forest (SFNF). The work consists of the following:

1) Reconditioning the existing roads in accordance with Section 303. – Road Reconditioning of

Section 9.0 and 10.0 in the specifications below.

2) Placing of Minor Crushed Aggregate in accordance with Section 302. – Minor Crushed

Aggregate of Section 9.0 and 10.0 in the specifications below.

The six (6) roads are double-lane and the width of the roads is not constant and varies along the length of the roads; the average width of the roads is fifteen (15) feet. The SFNF intends to keep the roads open to the public during the construction. The Contractor shall adhere to Specification Section 156 for the roads to remain open for public traffic.

The depth of the placed aggregate at each work location will depend on the road and local conditions as determined by the COR, not to exceed three (3) inches in compacted depth.

The Bid Items listed in the Bid Schedule below consist of one (1) Base Bid and five (5) Optional Bid

Schedules A thru E Bidders must provide a bid for the Base Bid and all Optional Schedules in order for their bid to be valid. The Government may award the Base Bid and/or any of the Optional Schedules, all, or none subject to the availability of government funding. The Contractor shall coordinate the schedule with the COR in coordination with the districts to resurface the roads.

Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, supplies, and perform all work required to complete the project in conformity with the specifications and in accordance with the provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown in the Bid Schedule.

2.0 Project Locations

The work to be done on the SFNF on the following roads at locations that will be staked by the COR on the ground. The approximate locations are shown on the attached maps.

Road

Ranger District

Approximate

Length

NFSR 539 Cuba 0.9 miles

NFSR 103 Coyote 3.5 miles

NFSR 95 Cuba 1.0 mile

NFSR 31 Española 1.5 miles

NFSR 534 Cuba 0.5 miles

NFSR 144 Española 5.5 miles

pg. 6

Project Vicinity Map

Work locations are on various parts of the Santa Fe National Forest. Please see the maps below for the approximate locations. The actual locations will be staked on the ground.

NFSR 103 and NFSR 539 to travel to NFSR 103, travel east on New Mexico highway 126 from Cuba to NFSR

103. Turn left on NFSR 103. To travel to NFSR 539, travel east on New Mexico highway 126 from Cuba to the end of pavement. Turn right and travel south on NFSR 20 to the bridge. NFSR 539 begins just south of the bridge.

pg. 7

NFSR 95

pg. 8

NFSR 31

pg. 9

NFSR 534

pg. 10

NFSR 144

3.0 Site Information and Limitations

The Contractor shall perform all work within the travel width of the road. The travel width of the road extends from the shoulder Bar Ditch to shoulder Bar Ditch. The Contractor shall not perform any work outside of the travel width of the road.

4.0 Staging and Storage Areas

The Contractor shall coordinate with the COR for locations to stage equipment and material. The staging area(s) will be within close vicinity of the project areas. The staging area(s) will be brought back to their original condition upon completion of the resurfacing.

5.0 Inspection of Worksite

The SFNF does not intend to schedule a pre-bid meeting nor conduct any site visits of the roads. The

Contractors are encouraged to inspect the roads before submitting a bid in order to acquaint themselves with the locations of the roads, the condition of the roads, and to determine the extent of preparation and road conditioning needed. A map showing the locations of the roads is provided in section 2.0 Project Locations.

pg. 11

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions including soft and unstable areas for sub-excavation, that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledge in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

6.0 Start Date

The Contractor shall schedule to start work within ten (10) days of receipt of Notice-to-Proceed (NTP).

7.0 Contract Time

The Period of Performance (POP) shall be one-hundred eighty (180) Calendar Days from receipt of NTP.

The Contractor shall schedule all work to be done Monday thru Friday 7:00 a.m. – 5:00 p.m. The Contractor shall not schedule any work on federal holidays, except to maintain any traffic control devices and dust control. Exemptions to this schedule may be granted by written approval from the COR for periods of limited duration.

8.0 Construction Requirements

Construction requirements are as stated in FP-14 Standard Specifications for Construction of Roads and

Bridges on Federal Highway Projects. The Contractor shall submit any questions in writing to the

Contracting Officer Representative (COR) during the Period of Performance (POP) of this contract.

9.0 Construction Specifications

The following specifications for this project are: Standard specifications for Construction of Roads and

Bridges on Federal Highway Projects, FP-14, U.S. Customary Units, published by the U.S. Department of

Transportation, Federal Highway Administration. The complete set of specifications are available at the following website: http://flh.fhwa.dot.gov/resources/specs/fp-14.htm

(a) 10.0 Special Contract Requirements

(b) Section 107. - LEGAL RELATIONS

(c) AND RESPONSIBILITY TO THE PUBLIC

107.05 Responsibility for Damage Claims. Delete the first sentence of the third paragraph and substitute the following:

Before work begins, submit “certificates of insurance” certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government.

107.10 Environmental Protection.

(a) Federal Water Pollution Control Act (Clean Water Act) 33 USC § 1251 et seq. Add the following:

(4) Do not ford running streams with construction equipment. Obtain approval from the CO to use temporary bridges or other structures whenever crossings are necessary.

http://flh.fhwa.dot.gov/resources/specs/fp-14.htm

pg. 12

(5) Immediately clear ephemeral drainages, intermittent and perennial streams, lakes and reservoirs of all work items, debris or other obstructions placed by or resulting from construction operations.

(6) Locate machinery servicing and refueling areas away from streambeds and washes to reduce the possibility and minimize the impacts of accidental spills or discharges.

(b) Oil and hazardous substances. Add the following to the end of the third paragraph:

Sand or soils are not approved absorbent materials.

Add the following to the end of the fourth paragraph:

Report the spill to the appropriate federal, state, and local authorities as required by the SPCC plan or hazardous spill plan.

107.11 Protection of Forests, Parks, and Public Lands. Add the following:

Comply with Section 110. – Fire Protection Plan.

Add the following Section:

Section 110. – FIRE PROTECTION PLAN

Description

110.01 This work consists of following the fire prevention and control plan, suppressing fires caused by contract operations, and reimbursing the Forest Service for the cost of suppressing fires caused by contract operations.

Required Equipment

110.02 Furnish the following equipment and maintain the equipment in serviceable condition:

(a) Fire toolbox. A fire toolbox at a central location within ¼ mile of the work location consisting 4 shovels, 2 axes, 1 Pulaski, 5 one gallon canteens.

(b) Fire guard tool cache. A fire guard tool cache box consisting of 2 shovels, 2 Pulaskis, 2 McLeod tools, and 2 4 gallon minimum backpack pumps filled with water.

(c) Trucks. Equip each truck with a shovel, DB axe, and class 10ABC pressurized chemical fire extinguisher.

(d) Power saws. Equip each power saw with a shovel, metal fuel-safety can, and a pressurized chemical fire extinguisher.

Construction Requirements

110.03 Contractor's Responsibility in Fighting Own Fire. Immediately extinguish without expense to the

Government, all fires on or in the vicinity of the project caused by contract operations whether set directly or indirectly as a result of the work on this project.

The Contractor may be held liable for all damages, including all fire suppression costs incurred by the United

States, resulting from fires set or caused by his employees or resulting from the operation of this contract.

pg. 13

110.04 Execution of Fire Plan. Designate at least one fire guard who is responsible for executing and carrying out the fire requirements.

Include the fire requirements in all subcontracts.

Inform all employees of the existence and conditions of the fire requirements.

110.05 Compliance Inspection. Make vehicles and fire equipment available for inspection to insure compliance with the fire requirements.

Correct any identified deficiencies within 24 hours. Halt all activities with potential to start fires until the deficiencies are corrected and the corrections approved.

Make daily inspections to insure that the terms of the fire requirements are met at all times.

110.06 Fire Precaution Schedule. Each workday afternoon, or at other approved times, contact the

Jemez Ranger Station at (575) 829-3535 to determine the industrial fire precaution plan for the next work day. Restrict operations in accordance with the plan for that day unless directed or approved.

110.07 Blasting. Provide a fire guard during all blasting operations and for 1 hour after blasting is complete.

Do not use caps and safety fuse detonators for blasting during periods when industrial fire precaution plan C is in effect.

Blasting is prohibited when industrial fire protection plan D is in effect.

110.08 Welding. Weld only in a cleared area. Obtain approval before welding during industrial fire precaution plan B, C, and D. Provide a 3-gallon minimum backpack pump filled with water at welding site.

Wet down the area in the immediate vicinity of the operation before and after operations. Thoroughly check the area adjacent to the welding operations for fires 1 hour after welding.

110.09 Fire Guard. Designate at least one employee as fire guard to train and supervise each work crew in fire prevention, detection, and suppression. Provide a trained fire guard to prevent, detect, and suppress fires, for projects involving internal combustion engines. The fire guard performs guard duties during operating hours. The fire guard may perform other work in conjunction with fire guard duties. Each fire guard is to report all fires and take suppression action on any fire that starts on the project area.

110.10 Fire Suppression. Take independent action on the suppression of all fires in the work area and within ½ mile of the work area.

Report any fire to the local fire department immediately and to the Jemez Ranger Station at (575)

829-3535 as soon as possible. Report to one of the ranger stations even if the fire has been suppressed.

110.11 Equipment Requirements. Equip all gasoline and diesel equipment (except turbocharged) used on the project with spark arresters approved in the Spark Arrester Guide, USDA Forest Service, June 1983.

Serviceable baffled mufflers with standard exhaust tail pipes are adequate on trucks, pickups, and sedans.

Make all internal combustion engines available for inspection before use on the job.

Clear equipment service areas and gas and oil storage areas of brush, litter, debris, and grass for a radius of at least 50 feet from the work area.

110.12 Power Saws. Keep power saws in a safe, serviceable condition at all times. Equip each power saw with an approved spark arrester and muffler system meeting the SAE- J-335d standard.

Refuel power saws on mineral soil and move the saw at least 10 feet from the point of refueling to another barren spot before starting the engine.

pg. 14

Do not place or rest power saws, whether running or not, with warm or hot spark arresters or mufflers on sawdust piles, litter duff, stumps or spots that are easily ignited.

110.13 Smoking and Fires. Do not smoke in vehicles while traveling, except on except on aggregate-surfaced or paved roads.

Do not smoke while working. Smoking is only permitted during break periods in areas having a clearing of at least 1 meter in diameter to bare soil.

Do not use fires for warming, burning of debris, or cooking during industrial fire precaution plan C or

D except as approved.

110.14 Industrial Fire Precaution Plans

Industrial Fire

Precaution Plan

A

Normal fire precaution. No fire guard required.

B

Designated areas for smoking, warming and cooking fires require approval. Provide a fire guard.

C

Shutdown from noon until 8:00 p.m. local time of all machine treatment of slash, blasting, welding, metal cutting, and clearing. No smoking, warming, or cooking fires permitted at any time. No power saw use from 9:00 a.m. to 8:00 p.m. Operations on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, or other equipment maintenance may continue.

D

No work except operations on mineral soil involving road excavation, watering, grading, gravel surfacing and rock without approval.

Measurement

110.15 Do not measure Section 110 items for payment.

(d) Section 156. — PUBLIC TRAFFIC

Construction Requirements

pg. 15

156.05 Maintaining Roadways During Work.

(a) Add the following:

Do not construct diversions outside of the existing road travel width or use alternate route detours without the approval of the COR.

156.07 Limitations on Construction Operations.

(c) Delete the first sentence and substitute the following:

For alternate one-way traffic control, provide a minimum lane width of eight (8) feet.

(i) Delete the text and substitute the following:

Limit construction-caused delays to public traffic to a maximum of 30 minutes per passage through the project except during the following times on Monday through Friday:

7:00 a.m. through 5:00 p.m.

Add the following:

(k) Limit the length of area affected as approved by the COR. See Subsection 108.01 for limitations on work.

Section 302. — MINOR CRUSHED AGGREGATE

302.01 Delete the text and substitute the following:

302.01 This work consists of furnishing and placing roadway aggregates on the contractor prepared surface.

Measurement

302.07 Delete the text and substitute the following: Measure the Section 302 pay items listed in the bid schedule according to Subsection 109.02 and 109.03.

Section 303. —ROAD RECONDITIONING

pg. 16

(e) 303.01 Delete the text and substitute the following: This work consists of reconditioning the entire road per Subsection 303.07.

End Specifications

SECTION D - PACKAGING AND MARKING

(Not applicable in this solicitation/contract)

SECTION E - INSPECTION AND ACCEPTANCE

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):

pg. 17 www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the

Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the

Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

pg. 18 completion and inspection, all work required by the contract or that portion of the work the Contracting

Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the

Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

pg. 19

Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the

Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the

Contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that may result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Alternate I (Apr 1984). If the Government specifies in the contract the use of any equipment by “brand name and model,” the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a “brand name and model” basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

SECTION F - DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within _10_ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises. The performance period is negotiable if actual site conditions and the work required should so dictate.

pg. 20

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within _5_ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek is 5 days per week.

AGAR 452.228-71 Insurance Coverage.

AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts

AGAR 452.236-70 Additive or Deductive Items.

452.236-76 Samples and Certificates.

As prescribed in 436.576, insert the following clause:

SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

AGAR 452.236-80 Firms Ineligible for Award -- Construction.

AGAR 452.237-70 Loss, Damage, Destruction or Repair.

AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference.

AGAR 452.237-73 Equipment Inspection Visit.

AGAR 452.237-74 Key Personnel.

http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P309_18323 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P335_20970 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P346_21550 http://farsite.hill.af.mil/reghtml/regs/other/agar/436.htm#P67_5171 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P484_33468 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P494_33838 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P514_35466 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P537_37060 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P551_37761

pg. 21

As prescribed in 437.110(d), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

AGAR 452.237-75 Restrictions Against Disclosure.

AGAR 452.237-76 Progress Reporting.

http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P565_39137 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P577_40413

pg. 22

SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract)

SPECIAL CONTRACT REQUIREMENTS

CONTRACT CLAUSES

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.acquisition.gov/far/ www.usda.gov/procurement/policy/ag ar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JAN 2012)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government

(SEP 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

pg. 23

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-7 System for Award Management

52.204-19 Incorporation by Reference of Representations and

Certifications.

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC

2010)

52.211-10 Commencement, Prosecution, and Completion of Work

(Alternate I)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.212-4 Contract Terms and Conditions – Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort.

52.215-23 Limitation on Pass – Through Charges (Alternate I)

52.216-24 Limitation of Government Liability (Note 1)

52.216-25 Contract Definitization (Note 1)

52.219-6 Notice of Total Small Business Set-Aside

(NOV 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011) Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-11 Special 8(a) Contract Conditions.

52.219-12, Special 8(a) Subcontract Conditions.

52.219-14, Limitations on Subcontracting.

52.219-17, Section 8(a) Award

52.222- Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime

Compensation (JUL 2005)

pg. 24

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees

(JUL 2005)

52.222-10 Compliance with Copeland Act Requirements

(FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act

Regulations

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-5 Pollution Prevention and Right-to-Know Information

(MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products

(DEC 2007)

52.223-18 Contractor Policy to Ban Text Messaging While

Driving

52.225-13 Restrictions on Certain Foreign Purchases (JUN

2008)

52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or Transactions Relating to

Iran – Representations and Certifications

pg. 25

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.232-5 Payments under Fixed-Price Construction Contracts

52.232-18 Availability of Funds.

52.232-27 Prompt Payment for Construction Contracts

52.232-39 Unenforceability of Unauthorized Obligations

52.233-2 Service of Protest

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.236-2 Differing Site Conditions

52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-5 Material and Workmanship

52.236-6 Superintendence by the Contractor

52.236-7 Permits and Responsibilities

52.236-8 Other Contracts.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

52.236-10 Operations and Storage Areas.

52.236-11 Use & Possession Prior to Completion.

52.236-12 Cleaning Up

52.236-13 Accident Prevention

52.236-21 Specifications and Drawings for Construction.

52.236-28 Preparation of Proposal-Construction

52.249-2 Termination for Convenience of the Government (Fixed-Price).

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

(a) Definitions. As used in this provision—

“Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P522_96627 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1270_225145 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1281_226680 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1324_233490 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1340_235786 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1348_237458 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1434_252007 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_246.htm#P1697_243017

pg. 26

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this

4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the

DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency

Act of 2006 (see Subpart 4.14) into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record

“Active”. The offeror will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the

Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United

States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local

Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

http://fedgov.dnb.com/webform

pg. 27

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.sam.gov .

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

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 3201, 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 (JUL

2012)

(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

pg. 28

(see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for 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.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Albert Martinez (albert.j.martinez@usda.gov) phone 505-438-5363.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item

Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

http://www.biopreferred.gov/

pg. 29

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the

Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal

Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph

(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS. (SEP 2010)

(a) Definitions. As used in this clause - "Commercially available off-the-shelf (COTS)

pg. 30 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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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…