RFP Solicitation.doc

AG-02NV-S-09-0015

Multi-Trade Facilities Construction, Repair, & Remodel (IDIQ) JOC

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

issuing office:

U.S. Department of Agriculture

Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Dr.

Idaho Falls, ID 83401

FAX (208) 557-5829

solicitation no.:

RFP AG-02NV-S-09-0015

offers are solicited for: Multi-Trade Facilities Construction, Repair & Remodel (IDIQ) Job

Order Contract important – notice to offeror:

at a minimum, offeror shall submit the following documents back with their response to this solicitation:

1. SF-1442 Solicitation, Offer, and Award (Complete, date, and sign)

2. Section B – Schedule of Items (Pages 4-12). (Complete Coefficient Amount)

3. Section K – Representations and Certifications (Pages 55). (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov)

4. Technical and Business Proposal it is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through fedbizops.

This attached solicitation is being processed pursuant to a Memorandum of Understanding (MOU) between the u.s.d.a. and the sba. sba has delegated usda authority to contract directly with eligible 8(a) firms. the mou implements a usda initiative designed to streamline the procurement process for awards under the 8(a) program.

Under the terms of the mou, the sba will not be a signatory to the award resulting from this solicitation. the sba will, however, retain responsibility for 8(a) certification, administering other eligibility related issues under the 8(a) program, and be available to 8(a) firms for counseling and assistance.

Table of Contents

PART I – THE SCHEDULE

· SECTION B – Supplies or Services and Prices/Costs

· SECTION C – Descriptions/Specifications/Statement of Work

· SECTION E – Inspection and Acceptance

· SECTION F – Description and Performance

· SECTION G – Contract Administration Data

· SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

· SECTION I – Contract Clauses

PART III – LIST OF DOCUMENTS,EXIBITS AND OTHER ATTACHMENTS

· SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

· SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents

· SECTION L – Solicitation Provisions

· SECTION M – Evaluation Factors for Award

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-02NV-S-09-0015

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

03/31/2009

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.

SBA # 1087-09-902878

7. ISSUED BY

CODE

USDA, Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401 USDA, Forest Service

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

9. FOR INFORMATION

CALL:

A. NAME

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

(208) 557-5841

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):

Multi-Trade Facilities Construction, Repair & Remodel (IDIQ) Job Order Contract Region 4 – Intermountain Region Nevada, Utah, Southern Idaho & Western Wyoming

Price Range The Government's estimate is more than $10,000,000.

NOTE: (1) This solicitation is a Request for Proposals. Selection will be based on an evaluation described in Section M. Please review Section L Instructions for the Preparation of Technical and Business Proposals, and Section M prior to submitting your proposal.

(2) This is a Competitive 8(a) procurement. All eligible and responsible 8(a) sources within the states of Nevada, Utah, Idaho and Wyoming may submit a proposal. Any questions about 8(a) eligibility should be directed to the Offeror’s cognizant Small Business Administration Office.

11. The Contractor shall begin performance within 10 calendar days and complete it within Specified in Individual Job Orders calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F 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

FORMCHECKBOX

NO

12B. CALENDAR DAYS

10 Calendar Days following execution of Job Order

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 3:00 p.m. (hour) local time 04/30/09 (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)

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

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

23. 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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

USDA, National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

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, 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.

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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Multi-Trade Facilities Construction, Repair, and Remodel (IDIQ) Job Order Contract Intermountain Region

Nevada, Utah, Southern Idaho, and Western Wyoming

This is an Indefinite Delivery Indefinite Quantity (Job Order) contract that will be effective for a base period, and, at the option of the government, for four (4) additional one-year option periods. This Job Order Contract is for routine, recurring, or emergency facility maintenance, renovation, repairs, minor site work, and minor construction projects that require minimal design on a Region 4 wide basis (National Forest facilities in the states of Nevada, Utah, Southern Idaho and Western Wyoming). The RS Means Book serves as the basis for establishing the values of the work to be performed on a unit price bare cost basis.

Offeror’s shall submit a Primary Job Order Coeffficient, a Location Coefficient for each location within a Geographic Zone, and an Option Year Coefficient. Offeror’s may submit coefficients for one or more Geographic Zone. It is anticipated that multiple awards will be made. Failure to comply with the instructions may render your proposal incomplete and ineligible for possible contract award.

B- 1 - Schedule Of Items

Humbolt-Toiyabe National Forest

Ashley National Forest

Dixie National Forest

Fishlake National Forest

Manti-La Sal National Forest

Uinta-Wasatch-Cache National Forest

Boise National Forest

Bridger-Teton National Forest

Caribou-Targhee National Forest

Payette National Forest

Salmon-Challis National Forest

Sawtooth National Forest

B- 2 – Flat Fee Schedule

a. Operation and Maintenance Manuals: The Contractor shall be allowed a flat fee of $150.00 for each manual per discipline (3 copies) if required by Job Order.

b. As-Built-Drawings: The Contractor shall be allowed a flat fee of $250.00 for each set of drawings (3 copies) as required by Job Order.

c. Permits and Fees: The Contractor shall be allowed a reimbursement fee of actual cost for any permits required by the Job Order. Contractor shall submit proof of cost for permits and fees.

B- 3 - Coefficients The Coefficients are listed in THE SCHEDULE OF ITEMS and are proposed by the offeror. Due to the wide geographic distribution of potential job orders and the possible variability in cost based on location of the work, THE SCHEDULE is broken down into three Geographic Zones. An offeror shall propose a Primary Job Order Coefficient for one or more Geographic Zones. Within the proposed Geographic Zone(s) the offeror shall propose an additional Location Coefficient for each Ranger District within that Zone. The proposed Coefficient for each Ranger District shall cover all facilities within the Administrative Area/Boundary of that District. Information regarding National Forest Boundary maps may be found at http://www.fs.fed.us/maps/forest-maps.shtml.

The coefficients are proposed as a percentage (in decimal format) increase or decrease to the RS Means Book. For example, a coefficient of 1.2 would result in an additional 20 percent to the listed unit price; 0.9 would result in a 10 percent decrease of the listed prices, and 1.00 would leave the unit price as your proposed unit price. The offeror shall limit the Coefficients to three decimal places. The offeror shall propose an Option Year Coefficient for each option year. The offeror’s Coefficients must be all inclusive and shall include, but is not limited to, the following costs:

1. Overhead

2. Profit and risk

3. Bond premiums

4. Social security contributions

5. General insurances

6. Workman’s compensations insurance

7. State unemployment insurance

8. Federal unemployment insurance

9. Mobilization and demobilization costs

10. Site cleanup

11. Labor adjustments between the RS Means given labor rates and the Davis/Bacon Labor Rates included in the contract

12. Supervision

13. Quality control

14. Transportation of contractor’s personnel to, from, and within the job site

15. Shipping of all materials to the jobsite

16. Lodging and per-diem

17. Adjustment factors to account for small jobs

18. Incidental tools and equipment

19. Submittals (unless noted otherwise)

20. Job Order preparation costs

21. Any markups for materials and all contingencies

22. DIVISION 1 – Non-allowable Line Items (Section J, Attachment A) B- 4 – Work Hours

a. Standard Work Hours: The Contractor shall normally perform tasks during the standard working days of Monday through Friday, with the exception of Federal Holidays, and the standard working hours of 7:30 a.m. through 4:30 p.m. The Contractor may elect, at his option, to work days/hours other than the normal working days/hours provided that:

1. The request is submitted to the COR for approval, AND

2. The Contracting Officer approves the request.

Such hours will be considered priced as performed during standard working days/hours, unless otherwise stated in the applicable Job Order.

b. Non-Standard Work Hours: Non-standard work days/hours are those days/hours not included in the definition of “Normal or Standard Work Hours” (the period from 4:30 p.m. through 7:30 a.m., Monday through Friday; Saturday, Sunday, and Federal Holidays). Items of work to be accomplished during non-standard hours will be clearly identified in Contractor technical/cost negotiated proposals, indicating justification for the request. Non-standard hours worked without the express approval of the Contracting Officer will be at the pricing coefficients applied for standard hours.

B- 5 – Pricing Structure for Job Orders STANDARD Work (pRE-PRICED)

(a) Pricing for this contract will be based upon the RS Means Repair and Remodeling Cost Data and RS Means Site Work & Landscape Cost Data (hereafter referred to as RS Means Unit Price Book (UPB)). The RS Means UPB will be used for the duration of this Contract. The version of RS Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the RS Means Book that is current on the date that each option is exercised shall be utilized. This book may be purchased through:

RS Means Company, Inc.

Construction Plaza

63 Smiths Lane

Kingston, MA 02364-0800

1-800-334-3509

FAX 1-800-632-6732 (24 Hrs) www.RSMeans.com/direct

Multiple RS Means Unit Price Books have been designated to allow for additional pre-priced items; however, the least expensive like-item shall prevail unless the Government requests a specific, more expensive item.

The RS Means Book serves as the basis for establishing the values of the work to be performed on a unit price bare cost basis. The Bare Cost of a unit of work will be determined by the RS Means column entitled “Bare Cost”, not the column entitled “Total Incl O&P”.

Development of the Bare Cost is defined as:

A. Material Costs are based on a national average and do not include sales tax.

B. Labor Costs are based on the average wage rates from 30 major U.S. cities. Rates are determined from labor union agreements or prevailing wages for construction trades for the current year. Labor costs reflect productivity based on actual working conditions. These figures include time spent during a normal workday on tasks other than actual installation, such as material receiving and handling, mobilization at site, site movement, breaks and cleanup.

C. Equipment Costs include not only rental, but also operating costs for equipment under normal use. The operating costs include parts and labor for routine servicing such as repair and replacement of pumps, filters, and worn lines. Normal operating expendables such as fuel, lubricants, tires and electricity are also included. Equipment rental rates are obtained from industry sources nation wide.

NOTE: The City Cost Index from the RS Means Book will not be applied to the Bare Costs. Any adjustment for this factor is included in the Location Coefficient listed in THE SCHEDULE.

(c) Standard Unit Price Book calculation: The unit prices shall be the total bare costs column as specified in the RS Means UPB multiplied times the applicable Coefficients. Note that the cost column reflects national averages for the installing contractor (subcontractor), but not for the general or prime contractor. The purpose for applying the coefficients to direct pre-priced cost from the Unit Price Book (UPB) is to compensate the contractor for all costs of doing business not covered by the RS Means UPB, and profit for performance. The coefficients (in decimal format) listed in THE SCHEDULE will be multiplied by the unit price listed in the RS Means UPB to obtain the adjusted price or Total Job Order Price. For example, a coefficient of 1.2 would result in an additional 20 percent to the listed unit price; 0.9 would result in a 10 percent decrease of the listed prices, and 1.00 would leave the unit price as your proposed unit price.

Firm-Fixed Price Job Order Example: The following sample calculations illustrate the use of the RS Means UPB. All coefficients and dollar figures are fictitious.

Option Year Coefficient –Base Year @ No Coefficient

$10,000.00 x 1.25 x .95 = $11,875.00

NON-STANDARD WORK (NON PRE-PRICED)

(a) Non-pre-priced work is categorized as follows:

(i) Facilities maintenance or construction activity that is not specifically included in the RS Means Book, but is within the basic intent and general scope of the contract, that require substantial adjustment due to material differences in factors from those typically encountered in the construction industry.

(b) Non-pre-priced work will be negotiated by the Contracting Officer and may be added at any time during the contract term.

(c) Non Pre-Priced Prime Contractor Material and/or Equipment Costs

In the event that the Contractor cannot obtain materials or equipment from vendors for the prices determined from the RS Means UPB, then the Contractor shall receive the cost of the material plus the applicable coefficient as a handling fee. The Contractor shall submit three (3) vendor quotes to demonstrate to the Government that the quotes were competitively solicited. Subcontractor quotes must be in sufficient detail for the Government to evaluate costs associated with labor, materials, and equipment.

(d) Non Pre-Priced Prime Contractor Labor Costs

The labor rate for the prime contractor for non-pre-priced work shall be the Davis Bacon Act wage rates applicable to the covered area specified in the individual Job Order. Productivity (the number of man-hours required) shall be based upon RS Means Book for work of a similar nature whenever possible. This cost will then be adjusted by the applicable Coefficients.

Time-and-Material Job Order Example: Bare Cost for labor and equipment from Crews section of RS Means UPB is $5,571.30. Primary Coefficient is 115%. All work is accomplished in an unrestricted area during non-standard work days/hours. All coefficients and dollar figures are fictitious. Calculation shown below:

B- 6 – Minimum and Maximum Contract Amounts

d. Minimum Contract Amount: In accordance with clause I-4, the Government’s total minimum ordering obligation for the life of the contract (base plus any exercised options) is $5,000.00.

e. Maximum Contract Amount: The maximum total amount available for ordering purposes is $5,000,000.00 for the basic year and $5,000,000.00 for each option year, for a total of $25,000,000.00 for the life of the contract. However, if the maximum contract Value Per Year for a particular option year is not reached, the unused portion of that ceiling may be rolled over to the next option year, but the Total Cumulative Value for that year may not be exceeded.

During the life of the contract, the total maximum amount available (i.e., contract price ceiling) for placement under orders is a cumulative amount with each option exercised, as exemplified below:

B- 7 – Definitions

(a) Job Order Contracting: A type of indefinite delivery / indefinite quantity (IDIQ) construction project delivery method. Contract pricing includes a combination of pre-established unit prices and competitively bid coefficients. JOC is an acronym for Job Order Contract.

(b) Job Order: A project-specific authorization to accomplish the work. Multiple Job Orders are issued to the JOC contractor throughout the term of the contract.

(c) Job Order Project Description: The government’s complete description of work to be accomplished via a Job Order. The description will include a copy of all specifications applicable to a project as well as any necessary engineering plans or standard details.

(d) Job Order Request for Proposal: The government’s notification to the Contractor of an upcoming project. The Request for Proposal contains the Project Description, and the requested time-lines and dates for accomplishment of the work.

(e) Job Order Price Proposal: The Contractors fixed price proposal for an individual Job Order based upon the Project Description and other information contained within the Request for Proposal. The Price Proposal will include a quantified list of all line items of work that are necessary for completion of the project. The Price Proposal must include all applicable Job Order Coefficients and must be mutually accepted by the Government prior to Job Order authorization.

(f) Job Order Coefficient: The coefficient is the proposed price multiplier within the JOC. It establishes a competitively bid cost adjustment to the Unit Price Book and must account for all costs including the contractor’s overhead and profit. Coefficients should be expressed in decimal format (1.0 = 100%) The primary coefficient within this JOC is the Zone Coefficient. This is the coefficient which will be applied to the base cost of all line items necessary for the accomplishment of a project. A basic JOC for a single location might only include a single coefficient. Because this JOC cover’s a broad geographic area, multiple coefficients are needed to properly adjust the base costs.

(g) Non-Standard Hours Coefficient: This is an optional coefficient that will be used only when the Government specifies the requirement to complete a project during non-standard hours. This coefficient is to be applied in addition to the primary zone coefficient. Example: Base Cost x Primary Zone Coefficient x Non-Standard Hour Coefficient = Job Order Total Price

(h) Location Coefficient: This coefficient is intended to allow the Contractor to more competitively propose by accounting for the variation of construction cost within each of the communities across the region. For this contract, location coefficients are to be provided on each Forest District as shown in the Schedule of Items. The location coefficient is to be used in lieu of the RS Means City Cost Index and Location Factors, which are excluded from all Job Orders. Contractors should note that location factors for cities within the region are often less than 100% and should propose accordingly. This coefficient is to be applied in addition to the primary zone coefficient. Example: Base Cost x Primary Zone Coefficient x Location Coefficient = Job Order Total Price

(i) Option-Year Coefficient: This coefficient will be used only if or when the Government exercises the option year clause within the contract. Rather than re-propose all of the primary zone coefficients and secondary location coefficients, a single option year coefficient will be applied in applicable option years. No coefficient is proposed in the first or base year of the contract. Coefficient(s) for option periods serve as an economic price adjustment to the Contractors indirect costs. Direct costs of materials, labor, & equipment will be adjusted by the incorporation of the latest RS Means cost data in each subsequent option year. The option-year coefficient is to be applied in addition to the primary zone coefficient. Example: Base Cost x Primary Zone Coefficient x Location Coefficient x Option Year Coefficient = Total Job Order Price

(j) Job Order Quality Control Plan: A written plan that addresses all aspects of quality control on an individual Job Order. The QA/QC plan must include contact information for the contractor’s QA/QC inspector, a list of all applicable inspection and testing, and procedures for documenting any corrective action.

(k) Job Order Work Schedule: The Government will recommend a timeline for completion of each Job Order. The Contractor must submit a Job Order Work Schedule as a component of each Job Order Proposal. As with the Price Proposal, the Work Schedule must be mutually agreed upon prior to authorization of a Job Order.

(l) Unit Price Book: This is a pre-established source of Unit Costs which are to be incorporated within the JOC. The Unit Price Book (UPB) provides the base costs for all of the Pre-Priced work items within the contract. The UPB to be used for this contract is based on RS Means Cost Data; in particular, the Repair and Remodeling Cost Data and the Site Work and Landscape Cost Data. UPB cost is adjusted by coefficients to derive a total cost for each Job Order.

(m) Pre-priced work: This includes all work which may be described with a line item or combination of line items within the UPB.

(n) Non-pre-priced work: A unique item not easily defined within the UPB for which the pre-priced cost data will not be used in job order pricing.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C. 1 - Scope of Work

The Contractor shall provide for all labor, material, supplies, transportation, management, supervision, equipment, and all other necessary items for complete and usable projects, performing all work in complete compliance with all plans, drawings, and specifications issued. Types of projects/jobs contemplated under this contract may include electrical, plumbing, mechanical/HVAC, cement/concrete work, parking lot paving, flooring, painting, general carpentry, sewer line repair, lead based paint removal, roofing, and minor construction/remodels. The Contractor will be required to perform multi-discipline construction, repair, and remodeling work using common trades identified in the Davis Bacon Wage Determination and other trades common to the construction industry.

C- 2 - Location

Work shall be accomplished within the administrative areas of the locations identified in Section B. Work may be in occupied and unoccupied residences, multi-occupant housing units, offices, warehouses, and other miscellaneous type facilities on a Region 4 wide basis, which includes National Forest in the states of Nevada, Utah, Southern Idaho and Western Wyoming.

C- 3 – Pre-Bid/Pre-Proposal Conference - (See Section L, FAR clause 452.237-1).

C- 4 – Continuity of Facilities Operation and Hours of Operation 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.

Schedule all work to minimize interference with any on-site housing residents and the facilities normal operations. Notify the Contracting Officer 72 hours in advance of any shutdowns. The Contractor shall coordinate with the Contracting Officer Representative to make all appropriate notifications to residents or building occupants of anticipated utility outages. Perform all on-site work between the hours of 8:00 AM and 6:00 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the Contracting Officer.

C- 5 – Site Management Maintain walkways, driveways, and project site to be free of all construction debris and hazards on a daily basis. Occupancy access shall be negotiated on a Job Order basis. Maintain the level of access provided to the facility throughout project duration.

C- 6 - Government-Furnished Materials/Equipment

(a) Government Furnished Materials (GFM)/Government Furnished Equipment (GFE): In the normal course of performance of the JOC contract, GFM/GFE will not be furnished to the Contractor. However, the Government reserves the right to provide GFM and/or GFE to be used on any Job Order. In such cases, these materials shall be receipted for by the Contractor and the UPB line item material cost shall be excluded from the price of the Job Order. The Contractor shall follow the instructions of the Contracting Officer’s Representative (COR) regarding the disposition of all Government-furnished property not consumed in performance of the Job Order.

(b) Contractor Transporting: The Contractor, with its own resources, and at no cost to the Government, shall transport all GFM and/or GFE, if any, described on the Job Order from the Government storage area to the work site indicated in the Job Order if required.

(c) Risk and Responsibility: Once accepted, the Contractor assumes the risk and responsibility for the loss or damage to any GFM/GFE.

(d) Transportation Cost: It is anticipated that the majority of GFM/GFE will be provided at or adjacent to the project site. In such instances, no separate transportation costs would be incurred or cost. If transportation of GFM/GFE is other than what would normally be encountered, a separate cost may be negotiated into the pricing of the associated Job Order.

(e) Location: The location (as well as the type, quantity, and description) of GFM/GFE will be identified in individual Job Orders.

C- 7 – Recycling and Disposal of Refuse With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.

C- 8 – Safety

During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction. Smoking will not be permitted in any building or structure.

C-9 – Temporary Facilities

(a) STAGING AREA: The Contracting Officer Representative shall arrange the location for exterior stockpiling of materials. The Government will provide adequate staging area as close to the Job Order site as practicable. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.

(b) SANITARY FACILITIES: Toilet facilities will not be provided by the Government at Job Order sites unless specifically identified in the Job Order.

(c) WATER AND ELECTRICITY: Water and 120V electricity may be available at no cost to the Contractor, depending on the location of the Job Order. Should water and electricity not be readily available, the Contractor shall provide these services as needed to perform the required work at no cost to the Government.

(d) TELEPHONE: The Contractor may elect to hook-up commercial phone services using the local telephone service provider, at no cost to the Government.

C-10 – Existing Utilities

The Contractor shall field verify all utility locations before digging or trenching. This shall include, but not be limited to, the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

C-11 – Specifications

The work shall conform to specifications included in this contract and any supplemental specifications and/or scope of work issued in conjunction with each individual Job Order. All work shall be performed in compliance with the most recent International Building Code, Uniform Plumbing Code, International Mechanical Code, National Electric Code, National Fire Protection Association (NFPA), International Fire Code as appropriate, local ordinances and regulations, and Forest Service standard CSI format specifications.

C-12 – Drawings

The work shall conform to drawings when provided with a Job Order.

C- 13 - Submittals

(a) Definition: Submittals - Product literature, catalog cuts, product samples, shop drawings, as-built drawings, Quality Control Plans, and other documents submitted to the Contracting Officer for information or for review and approval when required by the Job Order.

(b) Submittals shall be presented in two copies unless indicated otherwise. The Contracting Officer will return one copy of the submittal to the Contractor, whether approved or rejected.

(c) All submittals shall be accompanied with a transmittal sheet signed by the Project Site Superintendent. Salient characteristics of the materials proposed for use shall be clearly identified in the submittal. The Project Site Superintendent shall certify that he has reviewed the submittal and has determined that the submittal is in full compliance with the requirements of the Contract and Job Order. Illegible, incomplete, or uncertified submittals may be rejected.

(d) Submittals shall be approved by the Contracting Officer prior to any work being performed on the Job Order or materials being delivered to the job site.

(e) Review of submittals, and corrections or comments made during the review, does not relieve the Contractor from compliance with the requirements of this Contract.

(f) Allow 14 calendar days for government review of submittals. Review time shall commence upon receipt of a satisfactory submittal certified by the Project/Site Superintendent containing all information required to completely and thoroughly evaluate the submittal. Time shall start anew for each submittal and any required resubmissions.

C-14 – Catalog Cuts

Catalog cuts shall contain manufacturer's description, specifications and sketches of the material and equipment provided. The catalog cut shall contain sufficient information, which can be used to determine compliance with these specifications. Submit catalog cuts as required by a negotiated Job Order. Clearly indicate selected item and components being proposed.

C-15 - Samples

Product samples shall include color, pattern, style, and other information required to fully describe the items being proposed as required by the Job Order.

C-16 - Shop Drawings

Submit shop drawings when required by the Job Order. Drawings shall indicate layouts, dimensions, materials, and other information required to fully describe the items being installed.

C-17 – Test Results Submit test results as required by the Job Order.

C-18 – Permits and Certificates

Submit copies of all permits and certificates as required by the Job Order. Where permits are required they will be reimbursed as identified in Section B.

C-19 – Hazardous Material Identification

Submit Material Safety Data Sheets (MSDS) for any materials defined as hazardous under the most current revision of Federal Standard 313. Two copies of each MSDS shall be submitted to the Contracting Officer no later than the delivery date of the product.

C-20 - As-Built Drawings

When Shop Drawings are required by a Job Order, the Contractor shall maintain at the job site one set of contract drawings marked in red to show any deviations which are found to exist or have been made from the contract drawings. Upon completion of the work, the marked set of drawings shall be delivered to the Contracting Officer. Request for final payment will not be approved until the marked drawings are delivered to the Contracting Officer.

C-21 – Operation and Maintenance Manual

When required by Job Order furnish an operation and maintenance (O&M) manual for each system (discipline) identified. Each manual shall be bound in a standard 8-1/2" x 11", 3 ring, loose leaf, hardcover binder. The manual's cover shall carry the following format.

The manual shall contain, as a minimum, the following:

The manufacturer and local representative's name, address, and telephone number.

Include catalog sheets, model numbers, and other descriptive literature for each system component.

Include instructions for installation, connection, start-up, operation, shutdown, troubleshooting, maintenance, lubrication, and overhaul for the items specified in the Job Order. Exploded or other detailed views of all components shall be included with complete parts list and ordering instructions.

C-22 – Instruction to Government Personnel When required by the Job Order, the Contractor shall furnish the services of a competent instructor to give full instructions to designated government personnel in the adjustment, operation/maintenance, and safety requirements of all equipment/systems installed. Submit a proposed outline and time requirements for approval. Training shall include hands on experience whenever necessary to ensure full understanding by participants.

Instructions shall cover installation, connection, start-up, operation, shutdown, troubleshooting, maintenance, lubrication, overhaul operations, and emergency procedures at a minimum and include any other topics required to provide personnel with a full and complete understanding of the equipment/systems.

Each instructor must be thoroughly familiar with all parts of the installation and trained in operating theory as well as practical operation and maintenance work. Use manufacturer's representatives where practical. Instructors will use approved O&M manuals as reference material during training.

Coordinate scheduling of instructions with the Project Manager (PM) and Facilities Engineer (FE). Unwitnessed instructions or instructions given to non-designated personnel will not constitute compliance with these requirements. Provide all instructions in conjunction with the Final Inspection and submit the attendance list immediately following instruction at no additional cost to the Government.

SECTION D – PACKAGING AND MARKING

D- 1 - Packing and Marking

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D- 2 - Project Labeling for Official Correspondence

The Government singularly identifies each Job Order 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

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 Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-06 Inspection – Time-and-Materials and Labor Hour (MAY 2001)

52.246-12 Inspection of Construction (AUG 1996) E-2 – Pre-Final and Final Inspection

a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.

b. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.

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 Regulations may be accessed at www.usda.gov/da/procure/agar/subchaph.html#11.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-13 Time Extensions (SEP 2000)

52.242-14 Suspension of Work (APR 1984) F- 2 - FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work on any Job Order in accordance with the start date annotated on the Notice to Proceed. (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date specified in the Job Order for completion. The time stated for completion shall include final cleanup of the premises.

F- 3 – Basic Period of Performance This indefinite delivery/indefinite quantity (IDIQ) contract shall commence on Date of Contract Award and shall continue until March 31, 2010. However, the period of performance may be extended in accordance with the option provisions contained herein.

F- 4 – Option Periods of Performance This indefinite delivery/indefinite quantity (IDIQ) contract provides for four (4) option periods to be exercised at the discretion of the Government. The Option periods of performance are indicated below:

Option 1:

April 1, 2010 through March 31, 2011 Option 2:

April 1, 2011 through March 31, 2012 Option 3:

April 1, 2012 through March 31, 2013 Option 4:

April 1, 2013 through March 31, 2014 F- 5 – FAR 52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the applicable Job Order, the Contractor shall pay liquidated damages to the Government in the amount specified in the individual Job Order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G--CONTRACT ADMINISTRATION DATA

G- 1 - Contract Administration

(a) Contracting Officer means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to a contract.

(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.