ipnf_sol_facilities_maint.doc

AG-0281-S-09-0013, Facility Maintenance Services and Light Construction

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0281-S-09-0013

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

2/6/09

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

IMAT, IPNF

3815 Schreiber Way

Coeur d Alene, ID 83815

IMAT, IPNF

3815 Schreiber Way

Coeur d Alene, ID 83815

9. FOR INFORMATION

CALL:

A. NAME

Rita J. Loper, Contract Specialist

Mike Shoup, Technical B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(208) 7657497

(208) 765-7204

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):

Facility Maintenance Services and Light Construction Idaho Panhandle National Forests

The Government's estimate is: between $500,000 and $1,000,000.

This is a HUBZone Small Business Concern set-aside.

11. The Contractor shall begin performance within 10 calendar days and complete it within PER ORDER calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See FAR Clause 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.)

FORMCHECKBOX

YES (WHEN APPLICABLE)

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and ONE copies to perform the work required are due at the place specified in Item 8 by 4:30 (hour) local time 3/9/09 (date). 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

FORMCHECKBOX

is, FORMCHECKBOX is not required.

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

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

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)( )

FORMCHECKBOX

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

FORMCHECKBOX

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, requirements identified on this form and any continuation sheets for the consideration stated 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.

FORMCHECKBOX

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)

KATHY R. ANDERSON

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

Page(s)

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

1 - 2

SECTION B - SUPPLIES OR SERVICES AND PRICES

5-8

B- 1 - Schedule of Items

B- 2 - Minimum and Maximum Contract Amounts

SECTION C - DESCRIPTION/SPECIFICATIONS

9-10

C- 1 - Scope of Contract

C- 2 - Project Location

C- 3 - Government-Furnished Property

C- 4 - Technical Specifications

C- 5 – Task Order

C-6 - Bonding

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 - Clauses Incorporated by Reference

F- 2 – Period of Performance

F- 3 – Effective Period of the Contract

F- 4 – Commencement, Prosecution and Completion of Work

F- 5 - Maximum Workweek - Construction Schedule

SECTION G – CONTRACT ADMINISTRATION DATA

G- 1 – Post Award Conference Incorporated by Reference

G- 2 – Government-Furnished Property

SECTION H - SPECIAL CONTRACT REQUIREMENTS

14-15

H- 1 – Physical Data

H- 2 – use of Premises

H- 3 - Emergency Response

H- 4 – emergency Response

H- 5 - Incidental Payment Items

H- 6 – Barricades, Warning Signs and Other Devices

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

16-29

I- 1 - Clauses Incorporated by Reference

I- 2 - Central Contractor Registration

I- 3 - Ordering

I- 4 - Order Limitations

I- 5 - Indefinite Quantity

I- 6 - Option to Extend the Term of the Contract

I- 7 - Post Award Small Business Program Representation

I- 8 – Notification of Employee Rights Concerning Payment of Union Dues or Fees

I-9 – Buy American Act-Construction Materials

I-10 - Alternative Payment Protection

I-11 – Alternative forms of Security

I-12 – Insurance Coverage

I-13 – Availability of Funds for the Next Fiscal Year

I-14 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts

I-15 - Permits and Responsibilities

I-16 – Performance of Work by the Contractor

I-17 - Order of Precedence-Construction

I-18 - Landscape Preservation

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J- 1 – Wage Determinations

J-2 – Owner/Client Past Performance Survey

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

33-42

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 – VETS-100

K- 2 – Size Standard and NAICS Code Information

K-3 – Annual Representations and Certifications

K-4 – Certification Regarding Responsibility Matters

K-5 – Post-Award Small Business Program Representation

K-6 – Certification of Toxic Chemical Release Reporting

K-7 – State of Idaho’s Notice to Offeror

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

43-48

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference

L- 2 – Inquiries

L- 3 - Amendments to Proposals

L- 4 - Type of Contract

L- 5 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

L-6 - Notice of Buy American Act Requirements - Construction Materials

L-7 - Service of Protest

L-8 - – Instructions for the Preparation of Technical and Business Proposals

SECTION M – EVALUATION, FACTORS FOR AWARD

49-50

M- 1 – Evaluation, negotiation and Award

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

Facility Maintenance Services and Light Construction Idaho Panhandle National Forest Facilities

B- 1 Schedule of Items

Miscellaneous facilities maintenance services and light construction for the Idaho Panhandle National Forest at Forest Service maintained facilities. Labor Rates shall include ALL overhead, supervision, tools, incidental supplies, insurance, quality control, and profit needed to perform the services. Task Orders will be negotiated using the rates below, location of work, cost of materials, and delivery schedule.

NORTH ZONE: Bonners Ferry, Priest Lake and Sandpoint Ranger Districts, Bonner, Boundary and Kootenai Counties, Idaho

PERIOD

B- 1 Schedule of Items continued CENTRAL ZONE: Coeur d Alene River Ranger District (Silver Valley and Fernan), Shoshone and Kooteani Counties, Idaho

PERIOD

B- 1 Schedule of Items-continued SOUTH ZONE: St Joe Ranger District, (St Maries and Avery), Benewah, Shoshone and Latah Counties, Idaho

PERIOD

Items No. V and W will be used as needed in negotiation of Task Orders One or more award(s) by Item (Zone) will be made based upon the best overall value to the Government. Proposals will be evaluated in accordance with Section L and M.

Contractor must be registered in CCR and ORCA prior to award (see Section K).

Questions concerning registrations, certifications or assistance with preparing proposals, contact Procurement Technical Assistance Center (PTAC). http://www.aptac-us.org/new/ PTAC contact in Boise, Idaho, Sundi Neely at (208) 334-2650 ext 2133.

Questions concerning HUBZone certification, contact Small Business Administration (SBA), In Idaho the contact at the Boise District Office is Irene Gonzalez at (208) 334-9004, ext 349 See Section I, FAR 52.236-1 Performance of Work by the Contractor.

Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the Task Order (TO) price. When TO is negotiated any bonding required will be addressed before final price is agreed to. Include bond payments under 601(01) Mobilization.

The Base Contract Period will be from date of award through one calendar year. Each Option Year, if exercised will be for 12 months.

B-2 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $5,000 but not in excess of $200,000 per contract period per Zone.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 Scope of Contract

The Forest Service requires Facility Maintenance Services and Light Construction using an Indefinite Delivery Indefinite Quantity (IDIQ) Contract by Zone for Base Year and four additional Option Years. Contract will be Firm Fixed-Price.

Work may be performed at any location within the Idaho Panhandle National Forests.

Contractor shall furnish all labor, personnel, supervision, materials, supplies, tools, equipment, transportation, and incidentals to perform work identified in individual Task Orders.

Types of maintenance services include, but are not limited to, work on buildings and other structures; electrical systems; thermal and moisture protection; finishes; specialty items; equipment; furnishings; heating, ventilating, and air conditioning systems; fencing; water distribution systems; wells; wastewater treatment systems; chlorinators; sprinkler systems; and toilets. Additional services include masonry; locksmith; plaster and drywall; finish and rough carpentry; painting; signs; plumbing and pipefitting; electrical (interior and exterior); sheet metal work and welding.

The types of buildings work will be performed include residential; office or administrative buildings; training facilities; bunk houses; and storage buildings such as a garages or warehouses. Buildings may be in use during the repair or reconstruction. The age of buildings covered under this contract range from historic to new structures.

All work shall comply with OSHA safety regulations.

C- 2 Project Location: Idaho Panhandle National Forests include, North Zone: Priest Lake Ranger District, Bonners Ferry Ranger District, Sandpoint Ranger District; Central Zone: Coeur d Alene River Ranger District; and South Zone: St Joe Ranger District, Boundary, Bonner, Kootenai, Shoshone, Benewah, and Latah Counties, Idaho.

C- 3 Government-Furnished Property Any property or supplies furnished by the Government will be identified on the Task Order. Contractor is responsible for protection of property provided in accordance with FAR 52.245-1.

C-4 Technical Specifications Project specifications will be provided as each Task Order is negotiated.

Contractor shall provide overall management of work and be responsible for timely delivery, compliance with specifications, quality control of the project, and workplace safety. All work shall conform to current International Code Council Codes as well as State and Local Regulations.

Performance of work shall be performed by journey level skilled personnel for all trades, or under the direct supervision of journey level skilled personnel.

Electrical work shall be performed by a licensed electrician. The Government requires State Electrical Inspections in accordance with the State of Idaho Regulations. The negotiated price shall include the cost for this inspection.

C-5 Task Orders

Services under this contract will be provided on a Task Order basis. Task Orders will normally be issued unilaterally. Prior to issuance of the Task Order, the Contracting Officer (CO) will issue a scope of work, schedule, and specifications for materials, maps, drawings, and any pertinent information regarding services needed.

The Contractor shall submit a detailed proposal within 10 days of receipt of the Contracting Officer’s request. To support the proposed prices, the proposal shall include backup cost details including, but not limited to:

· Subcontractor price quotations.

· Site visit costs, including travel.

· Type of skill or trade to be used (from schedule) and number of hours to complete the work.

· Proposed materials and supplies, including price quotations.

· Identification of foreign-made materials, stating the country of origin and price comparison between foreign-made and American-made items. See Section I, FAR 52.225-9 Buy American Act and Section L, FAR 52.225-10 Notice of Buy American Act Requirement-Const. Materials.

· Fees on material quotations.

· Field office overhead costs.

· Performance and payment bond costs.

· Mobilization costs, if not covered in travel.

· Labor burden, overhead (G&A/home office overhead) and proposed profit/fee.

· Work progress schedule. Revisions must be submitted in writing and approved by the CO Proposal shall be signed by the Contractor. If accepted by the Contracting Officer, a Task Order will be issued as a Firm Fixed-Price.

C-6 Bonding If required in the Task Order, the Contractor shall provide any bonding or alternative payment protection within 10 days of award of any Task Order. The Notice to Proceed with the work shall not be issued until required bonding is received and accepted by the Contracting Officer.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 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/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) F-2 AGAR 452.211-74 Period of Performance (FEB 1988).

The period of performance of this contract is to be determined and specified on each Task Order.

F-3 AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from date of award through one calendar year.

See Section I, FAR 52.217-9 Option to Extend the Term of the Contract.

F-4 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 agreed performance period on each Task Order. The time stated for completion shall include final cleanup of the premises.

F-5 AGAR 452.236-75 Maximum Workweek-Construction Schedule (NOV 1996) 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 identified per TO.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a location to be determined as agreed upon.

G-2 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Will be identified per Task Order if applicable.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 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 the result of site investigations by visual observation.

H- 2 Use of Premises The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

H-3 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

(1) Estimator

(2) Project Manager(s)

(3) Inspection and Quality Control Personnel

(b) – During the first 90 days of performance, the Contractor shall make no 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.

H- 4 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes Clause, FAR 52.243-4.

H- 5 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and 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 items shown.

H- 6 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

As a minimum, it is anticipated that the following type and number of signs will be required:

Will be identified per Task Order as applicable

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 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/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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)

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

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)

52.219-3 Notice of Total HUBZone Set-Aside (Jan 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004)

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) (JULY 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)

52.222-30 Davis-Bacon Act—Price Adjustment (None or Separately Specified Method) (DEC 2001) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)

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

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

52.222-50 Combating Trafficking in Persons (AUG 2007)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY 1995) 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)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

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) 52.228-5 Insurance--Work on a Government Installation (JAN 1997 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEPT 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-17 Interest (JUNE 1996) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (SEPT 2005)

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) Alternate I (DEC 1991)

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) 52.236-8 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)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JULY 1995)

52.243-4 Changes (JUNE 2007)

52.244-2 Subcontracts (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (MAR 2007)

52.245-1 Government Property (JUNE 2007) 52.245-9 Use and Charges (JUNE 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) Alternate I (SEPT 1996) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988)

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)

I- 2 FAR 52.204-7 Central Contractor Registration (JULY 2006)

(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 parent 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 “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) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by 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 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.

I- 3 FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through duration of contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I- 4 FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000;

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I- 5 FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years from date of award.

I- 6 FAR 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 any contract period, 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.

(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 5 years.

I- 7 FAR 52.219-28 Post-Award Small Business Program Representation (JUNE 2007)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in…