Issued_solicitation_AG-0109-S-10-0004_23Apr2010.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0109-S-10-0004

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

23 April 2010

PAGE OF PAGES

1 75

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

394461

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA FOREST SERVICE

3301 C Street, Suite 300 Anchorage, AK 99503

9. FOR INFORMATION

CALL:

A. NAME

Karen Weidenbaugh

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(907) 743-9569, kweidenbaugh@fs.fed.us

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Two-Phase Design-Build Pacific Northwest Research Station – Forestry Science Lab in Juneau, AK

Any award resulting from this solicitation will be issued pursuant to the Small Business Competitiveness

Demonstration Program outlined in FAR Part 19.10.

In accordance with FAR Part 36.204(h), the estimated magnitude of construction is between $5,000,000 and

$10,000,000.

See Section L (page 38 & 39) for details concerning the Phase One pre-proposal conference which will be held on 11 May 2010.

EMAIL OR FAX PROPOSALS WILL NOT BE ACCEPTED.

11. The Contractor shall begin performance within 10 calendar days and complete it within 540 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F, 52.211-10)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 4 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time 02 June 2010. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required. (Phase Two))

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

1. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

ADDENDA SHEET

PROJECT NAME: PNW RESEARCH

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OF

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

PRICES FOR PHASE ONE WORK SHALL NOT BE PROVIDED IN THIS SOLICITATION

DOCUMENT. PRICE SCHEDULE FOR PHASE TWO WILL BE PROVIDED TO THE

CONTRACTORS WHO HAVE BEEN SELECTED AS THE ―SHORT LISTED‖ CONTRACTORS.

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERTINENT INFORMATION

A. Project Name: PNW Research Station, Juneau Forestry Sciences Laboratory

B. The proposed site for the Juneau Lab is the Auke Lake site which is located on North Road, adjacent to the U of A - Southeast campus, Juneau, AK. Directions to the site are as follows:

From the Juneau airport drive north on Yandukin Drive to Glacier Highway (several blocks).

Turn left onto Glacier Highway and drive about a mile until the road intersects with Egan Drive

(stoplight). Enter the left turn lane, turn left onto Eagan Drive and proceed north. After crossing the Mendenhall River the road name changes back to Glacier Highway. Proceed several miles until reaching a ‗Y‘ intersection with Mendenhall Loop Road. Take Mendenhall Loop Road east. Proceed no further than 1/8 mile and take a right hand turn into the University of Alaska

SE campus on Auke Lake Way. Park in the campus parking lot. Walk north toward the Eagan building (lakeside) and follow paved walking path through the woods. Federal lands are on both sides of the path.

C. Project Manager: Howard Cotner

USDA – Forest Service, Region 6 Design Team

PO Box 3623

Portland, OR 97208

503-808-2949

FAX 503-808-2511

E-mail: hcotner@fs.fed.us

PROJECT INFORMATION

A. These documents constitute a Request for Proposal for the design and construction of the project described below.

B. Contract Scope:

a. Provide Basic Design-Build Services as described in the Design and Construction

Procedures section.

C. Two-Phase Design Build Selection

a. Per FAR 36.3 this Solicitation uses the Two-Step Design-Build selection procedures.

b. The first phase will be evaluated separately on the criteria identified below under heading

―Phase One Evaluation Criteria‖. Upon completion of the evaluation and ranking, the FS will select up to a maximum of three (3) Design Build teams to submit proposals in the second phase. The second phase proposals will be evaluated per the criteria listed in section titled ―Phase Two Evaluation Criteria‖.

D. Preparation of the Phase One and Phase Two are entirely at the expense of the offerors.

E. For this contract award process, the Government will issue one solicitation for Phase One and Phase mailto:hcotner@fs.fed.us

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Two. The Phase One procedure is designed to select a ―short list‖ of the most highly qualified offerors who will be requested to submit Phase Two proposals (the shortlist will be posted on

FedBizOpps).

PROJECT DESCRIPTION

A. Design and construct a national federal facility to house the Pacific Northwest Research Station, Juneau Forestry Sciences Lab, FS State & Private Forestry, scientists from Alaska Coastal

Temperate Rain Forest Center and administrators for three experimental forests. This facility replaces leases of office and laboratory buildings with new, government-owned lab/office building on property designated for Forest Service research and administration.

Base item - Design office and laboratory spaces, for base and option item as identified in the project program needs section of this document and construct that program portion that is identified as Base item construction. Design Builder must also incorporate design and construction concepts/methodologies which make allowances for ease of incorporation of future construction option item below;

Option item - Construct additional floors for office and common spaces, and final site development;

B. There will be 30%, 60%, 95%, and 100% design submittals as well as a Site Plan submittal meeting the requirements identified in the Basic Design Services Section.

C. The building will meet the requirements of the Built Environment Image Guide and consists of approximately 14,000 square foot (at total build-out), wood frame or concrete/steel structure meeting the International Code Council family of codes, as modified by the Alaska State codes as well as FS and other Federal regulations/requirements.

D. Domestic water and sanitary sewer services will be provided by connections to public utility systems.

E. Building systems will be compatible with existing systems and FS standards.

F. All site work is part of this contract, including site clearing, grading, landscaping, paths, trails, parking, and associated work.

G. FS requires that this building achieve LEED silver certification from the US Green

Building Council as well as meet the requirements of the USDA Sustainable Buildings

Implementation Plan. DB will be required to establish, maintain, and implement a sustainable design program throughout the project including payment of all fees and meeting all tasks associated with LEED certification. A Charrette is required as part of the design process. See requirements identified in the Basic Design Services section.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

Project Labeling for Official Correspondence

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The

Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

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.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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, 52.242-14 Suspension of Work (APR 1984)

FAR 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 180 calendar days for design and 360 calendar days for construction. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

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Within 10 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 that will be approved is 5 days per week.

On-site work shall not be conducted between 5:00 pm and 7:00 am, except federal holidays, unless approved otherwise.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The date and location will be determined at a later date.

Reminder of Invoicing Requirements

(a) The Contractor is reminded that the elements of a proper invoice are listed in the clause at FAR

52.232-27 in Section I.

(b) It is the sole responsibility of the Contractor to submit proper and timely invoices using its own invoice form or to request and complete the Microsoft Word format (Pay Estimate FS-6300-30 rev 02-

05) received from the contracting office. Improper invoices (i.e. errors in extensions, quantities, or other base information) will be returned to the Contractor for correction and subsequent resubmission.

(c) In addition, when submitting the invoice the Contractor shall submit a copy (either electronically, hard copy, or via fax) to the Contracting Officer along with timely payrolls, if applicable and subcontractor payment information (see FAR 52.232-5 Payments Under Fixed Price Construction

Contracts).

Contract Administration

This contract will be administered by the Contracting Officer located at:

USDA Forest Service, Chugach NF

Attn: CO Karen Weidenbaugh

3301 C Street, Suite 300

Anchorage, AK 99503

All matters related to the performance of this contract shall be coordinated through the Contracting

Officer.

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Designation of Contracting Officer’s Representative

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

Contractor’s Designated Representative

It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting

Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are based on a Draft Site Survey and a Cost Estimate/Drilling Report by Dowl Engineers dated July 2007.

The Cost Estimate/Drilling Report is a preliminary investigation of various sites and is included for general information only. Potential Bidders are responsible for determining site conditions.

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(b) Weather conditions:

JUNEAU, ALASKA (504100)

Period of Record Monthly Climate Summary

Period of Record : 9/ 1/1949 to 12/31/2005

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Average Max.

Temperature (F)

29.6 34.4 38.7 47.7 55.6 61.8 64.0 62.9 55.9 47.0 37.8 32.8 47.3

Average Min.

Temperature (F)

19.0 23.3 26.4 32.3 39.3 45.5 48.6 47.7 43.3 37.0 28.7 23.8 34.6

Average Total

Precipitation (in.)

4.36 3.95 3.46 2.87 3.43 3.08 4.34 5.36 7.38 7.86 5.65 5.24 56.97

Average Total

SnowFall (in.)

26.6 18.5 13.7 2.5 0.0 0.0 0.0 0.0 0.0 1.1 11.1 20.8 94.4

Average Snow Depth

(in.)

6 6 3 0 0 0 0 0 0 0 1 3 2

Percent of possible observations for period of record.

Max. Temp.: 97.8% Min. Temp.: 97.8% Precipitation: 97.8% Snowfall: 96.4% Snow Depth: 95.4%

Check Station Metadata or Metadata graphics for more detail about data completeness

(c) Transportation facilities: air and sea.

(d) None

Public Officials not Personally Liable

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the completion of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

http://www.wrcc.dri.edu/cgi-bin/cliMeta.pl?akjune http://www.wrcc.dri.edu/cgi-bin/cliMeta2.pl?akjune

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 540 days.

52.236-22 Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor‘s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the

Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract shall be provided to the ―short listed contractors‖.

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AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager.

(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.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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, 52.202-1 Definitions (JUL 2004)

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 (JUL 1995)

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)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008)

52.203-14 Display of Hotline Poster(s) (DEC 2007)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000)

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52.204-10 Reporting Subcontract Awards (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications (OCT 1997)

52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)

52.215-13 Subcontractor Cost or Pricing Data – Modifications (OCT 1997)

52.215-15 Pension Adjustments and Asset Reversions (OCT 2004)

52.215-16 Facilities Capital Cost of Money (JUN 2003)

52.215-18 Reversion or Adjustment of Plans for Post Retirements Benefits (PRB) Other Than

Pensions (JUL 2005)

52.215-19 Notification of Ownership Changes (OCT 1997)

52.215-20 Requirements for Cost or Pricing Data or Information Other than cost or Pricing Data

52.215-21 Requirements for Cost or Pricing Data or Information Other than cost or Pricing Data –

Modifications

52.217-8 Option to Extend Services

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005)

52.219-8 Utilization of Small Business Concerns (MAY 2004)

52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $1 Million)

Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million)

52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (APR 2008) (Applicable if > $1 Million)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

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 (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

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 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222.38 Compliance with Veteran‘s Employment Reporting Requirements (DEC 2001)

52.222.41 Service Contract Act of 1965 NOV 2005)

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52.222.43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple year and Option Contracts) (NOV 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.222-54 Employment Eligibility Verification (JAN 2009)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(DEC 2007)

52.223-3 Hazardous Material and Material Safety Data (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(May 2008)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

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

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (SEP 2009)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002)

52.232.8 Discounts for Prompt Payment (FEB 2002)

52.232-10 Payment under Fixed-Price Architect-Engineer Contracts (AUG 1987)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2008)

52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) (Applicable to Option item)

52.232-23 Assignment of Claims (JAN 1986)

52.232.26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (OCT 2003)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

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, Utilities, 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)

Alternate I (NOV 1991)

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52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984)

52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984)

52.236-24 Work Oversite in Architect-Engineer Controls (APR 1984)

52.236-25 Requirements for Registration of Designers (Jan 2003)

52.236-26 Preconstruction Conference (FEB 1995)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)i

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

Alternate III (APR 1984)

52.244-4 Subcontractors and Outside Associates and Constltants (Architect-Engineer Services

(AUG 1998)

52.244-6 Subcontracts for Commercial Items (DEC 2009)

52.245-1 Property Records (JUN 2007)

52.245-2 Government Property Installation Operation Services (JUN 2007)

52.245-9 Use and Charges (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-7 Termination (Fixed-Price Architect-Engineer) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.250-1 Indemnification under Public Law (NOV 2007)

52.250-5 SAFETY Act-Equitable Adjustment (FEB 2009)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

FAR 52.204-6 Data Universal Numbering System (DUNS) Number (Apr 2008)

(a) 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 number or ―DUNS+4‖ that identifies the offeror‘s name and address exactly as stated in the offer. The DUNS number is a nine-digit number

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assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) 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 name.

(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.

(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).

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

―Central Contractor Registration (CCR) database‖ means the primary Government repository for

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

―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 Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, 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 http://acquisition.gov/comp/far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform http://acquisition.gov/comp/far/current/html/Subpart%2032_11.html#wp1043964

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―Active‖. The Contractor 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.

(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) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government‘s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in http://fedgov.dnb.com/webform

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the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in

Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day‘s written notification of its intention to (A) change the name in the CCR database;

(B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see

FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

(a) Definitions. As used in this clause-

―Commercially available off-the-shelf (COTS) item‖-

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

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

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

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

(2) Does not include bulk cargo, as defined in 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 http://acquisition.gov/comp/far/current/html/Subpart%2042_12.html#wp1084217 http://acquisition.gov/comp/far/current/html/Subpart%2042_12.html#wp1084217 http://acquisition.gov/comp/far/current/html/Subpart%2032_8.html#wp1029202 http://www.ccr.gov/

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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) 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.

(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;

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(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).]

FAR 52.228-1 Bid Guarantee (SEP 1996) (Applicable to Phase Two of the solicitation)

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(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United…