AG-0356-S-08-0003.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0356-S-08-0003

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

31 July 2008

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

169241

6. PROJECT NO.

7. ISSUED BY CODE 0356 8. ADDRESS OFFER TO

East Side Acquisition Zone Beaverhead-Deerlodge National Forest 1820 Meadowlark Drive Butte, Montana 59701

See Item 7

9. FOR INFORMATION

CALL:

A. NAME

Daniel McGee

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 406-494-0208

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):

Gray Lead and Unnamed Mines Removal Action – Beaverhead-Deerlodge National Forest

1. SF1442, SF1442 Back

2. Part I The Schedule, Section B: Services and Prices

3. Section C: Project Description and Specifications

4. Section E: Inspection and Acceptance

5. Section F: Deliveries or Performance

6. Section G: Contract Administration

7. Section H: Special Contract Requirements

8. Part II Contract Clauses, Section I: Contract Clauses

9. Part III List of Documents, Exhibits, and Other Attachments, Section J: List of Documents, Exhibits, and Other Attachments

10. Part IV Representations and Instructions, Section K: Representations, Certifications, and Other Statements of Bidders

11. Section L: Instructions, Conditions, and Notice to Bidders

12. Section M: Evaluation Factors for Award

Price Range: The Government's estimate is between $100,000 and $500,000.

11. The Contractor shall begin performance within 7 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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 3 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 29 August 2008 (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 is, 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 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

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

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, 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.

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)

Sol. No. AG-0356-S-08-0003

Gray Lead and Unnamed Mines Removal Action

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SCHEDULE OF BID ITEMS: Gray Lead and Unnamed Mines Removal Action, Beaverhead- Deerlodge National Forest, Jefferson Ranger District, Jefferson County, Montana.

B-1 SCHEDULE OF ITEMS – GRAY LEAD AND UNNAMED MINES REMOVAL ACTION

Item No.

Bid Item Description

Method of

Meas.

Unit Estimated

Quantity Unit Price TOTAL

1.0 MOBILIZATION

1.1 601(01) Mobilization LSQ ls 1.00

2.0 ROAD CONSTRUCTION

AND IMPROVEMENTS

2.1 249(01) Composite road construction DQ mile 1.50

2.2 611(01) Pit development LSQ ls 1.00

2.4 603B (01) 18-inch CMP, method A AQ lf 248.00

2.5 714(01) Provide and Place Geotextile Type II-B DQ sy 2000.00

2.5 210(02) Treatment of existing roadway, method A DQ mile 1.50

3.0 MISCELLANEOUS SITE

WORK (ALL AREAS)

3.1 204(07) Silt Fence AQ lf 450.00

3.2 201(10)

Clearing, grubbing, temporarily stockpile slash, and scatter slash over reclaimed areas

DQ acre 6.00

3.3 170 (07) Site surveying and staking LSQ ls 1.00

4.0 UNNAMED MINE WASTE

REMOVAL

4.1 653 (01)a Construct Type 1 channel AQ lf 140.00

4.2 202(07)b Protect Historic Features LSQ ls 1.00

4.3 202(08)a Remove and Replace Historic Features LSQ ls 1.00

4.4 652 (01)a Infiltration basin construction LSQ ls 1.00

4.5 203 (01)b Excavation, placement method 1 AQ cy 1641.00

5.0 GRAY LEAD MINE

WASTE REMOVAL

5.1 652 (01)b Infiltration basin construction LSQ ls 1.00

5.2 653 (01)b Construct Type 1 channel AQ lf 120.00

5.3 653 (02) Construct Type 2 channel AQ lf 360.00

5.4 203 (01)c Excavation, placement method 1 AQ cy 4302.00

5.5 202(07)c Protect Historic Features LSQ ls 1.00

5.6 202(08)b Remove and Replace Historic Features LSQ ls 1.00

6.0 RECLAMATION AND REVEGETATION

OF DISTURBED AREAS (ALL AREAS)

6.1 625(08) Load, haul, place, spread, and incorporate organic matter (dry weight)

DQ ton 50.30

6.2 625(09) Seeding and fertilizing (without mulch), method B DQ ac 12.34

6.3 625(03) Mulch (supplemental application) DQ ton 6.63

7.0 MISCELLANEOUS SITE

WORK

7.1 637(01)a Large dump truck AQ hr 30.00

7.2 637(01)b Hydraulic excavator with thumb AQ hr 20.00

7.3 637(01)c Dozer AQ hr 20.00

7.4 202(06) Non-combustible debris disposal AQ ton 40.00

7.5 304(01) Pit run aggregate, maximum size 3-inches, compaction A DQ cy 827.00

TOTAL:

DESIGNATED METHOD OF MEASUREMENT BID UNIT ABBREVIATIONS

DQ Designed Quantities ls lump sum LSQ Lump Sum Quantities lf linear feet AQ Actual Quantities sy square yard cy cubic yard hr hour

Special Notes:

1) The bidder must bid on all items. Round to the nearest cent.

2) In the event of an error in extending the bid prices, unit prices will govern unless otherwise determined by the Contracting Officer in accordance with applicable regulations.

3) Offers for Quantities less than those listed in the numbered items may be rejected.

4) Payment for bond premiums in accordance with Clause 52.232-5. Payments under Fixed- Price Construction Contracts shall not be in addition to the contract price but can be included under Mobilization.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - PROJECT DESCRIPTION AND LOCATION

(a) Description of Work - Furnish all labor, materials, equipment, and supervision for the removal, hauling, and placement of mine waste and tailings from Gray Lead Mines and an Unnamed Mine located along the haul route to the Luttrell Repository near the former Basin Creek Mine. Work includes the following: construction of temporary mine access roads; maintenance of existing roads; clearing and grubbing; excavation and haul of mine waste and tailings; plugging shafts;

constructing infiltration basins; regrading disturbed areas; debris disposal; drainage channel construction; road obliteration; and, revegetating areas disturbed by construction.

(b) Project Location - The project is located generally in N½SW¼, Section 16 (Gray Lead and Unnamed Mine) on the Beaverhead-Deerlodge National Forest in Jefferson County, Montana. The site is accessible from either the southeast by County Road No. 175 or the southwest by County Road No. 172. Due to bridge restrictions, all heavy equipment must be mobilized via County Road No. 172 (Basin Creek Road) and F.S. Road 1595. Only vehicles weighing less than 5 tons are permitted to access the work areas using County Road 175 from Basin, Montana. The work sites to be addressed by this project lie at elevations ranging from about 6,800 to 7,500 feet. A map showing the locations of the work is included in the Drawings.

(c) Price Range – Between $100,000 and $500,000

(d) Pre-bid Tour - A pre-bid tour was conducted 17-18 October 2007. Notes from the pre-bid tour are attached in Section J.

(e) Period of Performance – 120 calendar days from the Notice to Proceed.

(f) Safety - This work requires handling of mine waste which contains metals that are listed as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. 9601 and 9602. The following are the highest concentrations of certain metals measured in waste rock and tailings material (milligrams per kilogram) at the sites:

Antimony (Sb)

Arsenic (As)

Cadmium (Cd) Lead (Pb)

Zinc (Zn)

Highest Concentration (milligrams/kilogram) or (parts per million)

960 92,500 72 23,500 3,280

(g) Safety and Hazardous Material Training - The CONTRACTOR shall comply with the Occupational Safety and Health Act (OSHA) and 29 CFR 1910.120-131. Due to the presence of hazardous materials on the project, the CONTRACTOR’s personnel working on the site are required to have completed OSHA 40-hour Hazardous Materials Training and subsequent refresher training as appropriate to be eligible to work on this project. Before work commences, the CONTRACTOR shall prepare and submit a list of qualified personnel and their certifications and ensure that all personnel at the site follow the requirements of the Site Health and Safety Plan.

(h) Submittals - As an aid to the CONTRACTOR, the following list of submittals will be required for this project. All submittals must be submitted at least 14 days prior to the start of construction activities unless otherwise required by the Special Project Specifications. This list is not considered to be all-inclusive and additional submittals may be required by the Forest Service.

Erosion Control Plan: The CONTRACTOR shall submit an erosion control plan in accordance with Forest Service Standard Specification 204.

Traffic Control Plan: The CONTRACTOR shall submit a Traffic Control Plan in accordance with SPS 104.

Health and Safety Plan: The CONTRACTOR is responsible for developing and enforcing his/her own site-specific Health and Safety Plan that includes the elements described in Section C-1 (g).

Certifications: The CONTRACTOR shall furnish samples and/or certifications as described in the Special Project Specifications. The items requiring certification include, but are not limited to, (1) weed-free straw bales, (2) silt fence, (3) revegetation seed mixtures, (4) inorganic fertilizer, (5) organic matter, (6) polyurethane foam mine seal, (7) turf reinforcement mat, (8) Type IV-A geotextile, and, (9) Employee OSHA training certificates.

Quality Control Plan: The CONTRACTOR shall submit a Quality Control Plan as described in Section 160 of the Special Project Specifications.

Vehicle Decontamination Plan: The CONTRACTOR shall submit a Vehicle Decontamination Plan that describes the CONTRACTOR’s method of vehicle decontamination. The CONTRACTOR shall choose decontamination areas and have them approved by the COR prior to decontaminating equipment.

The CONTRACTOR shall ensure that the outside of all equipment is cleaned of visible mine waste material before leaving the mine waste handling areas (i.e. removal areas and repository). Mine waste shall be removed from all vehicles and vehicle parts including wheels, tires, tracks, undercarriages, fenders, blades, buckets, and exterior body.

No waste shall be deposited in any area other than the repository. Mine waste material deposited on access roads or any Forest Service road shall be immediately cleaned up by the CONTRACTOR.

(i) Noxious Weed Control - In order to prevent the potential spread of noxious weeds, the CONTRACTOR is required to furnish weed-free equipment. The CONTRACTOR’s equipment shall be cleaned to remove all dirt and plant parts that may carry noxious weed seeds into the construction area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate on the project. All subsequent move-ins shall be treated the same as the initial move-in. Prior to move-in, the CONTRACTOR shall make equipment available for Forest Service inspection at an agreed location outside National Forest System lands.

"Construction equipment" does not include personal vehicles or support equipment that remains on the main travel route. The CONTRACTOR shall provide the COR with at least 24 hours advance notification when equipment is ready for inspection.

(j) Maintenance of Roads - The CONTRACTOR shall periodically water and blade all roads used by construction traffic for maintenance and dust suppression, including County Road Nos.

172 and 175 and F.S. Road Nos. 8403 and 1595, and new temporary access roads. Road maintenance shall be conducted in such a manner to facilitate vehicular traffic and to minimize excessive construction disturbance to the roads. Road maintenance is considered incidental to other work items and separate measurement or payment for this item will not be made.

(k) Control of Work - The CONTRACTOR shall stake all clearing limits based on site work AS SHOWN ON THE DRAWINGS, access and haul road locations, staging areas, culvert locations, excavation limits, channel alignments, and all other features of the work, and receive approval from the COR before proceeding with the work on these items.

(l) Restoration by Contractor - All areas disturbed by the CONTRACTOR’s operations such as, but not limited to, access roads, staging areas, stockpiles, temporary haul roads, loading operations, disposal operations, and borrow areas shall be restored by grading to the original contours and blending with surrounding topography, seeding, fertilizing, and mulching. During the course of the work, the CONTRACTOR shall periodically or as approved by the COR remove and dispose of all surplus construction materials and debris and keep the project area and public right-of-way reasonably clean. Upon completion of the work, the CONTRACTOR shall remove all temporary construction facilities, debris, and unused materials, leaving the project sites in a neat and clean condition. All non-combustible debris shall be disposed off-site in accordance with local, State, and Federal requirements.

(m) Sequence of Work - Due to bridge restrictions, the CONTRACTOR will be required to mobilize equipment via County Road 172 and F.S. Road 1595. A suggested sequence of work follows. Some work items may occur simultaneously, depending on the CONTRACTOR’s plan of work.

1. Mobilize equipment and personnel.

2. Clear and grub disturbance areas.

3. Upgrade/Construct access roads.

4. Excavate, haul and place waste and tailings in Luttrell Repository.

5. Construct infiltration basin and channels.

6. Reclaim temporary haul roads, turnouts, staging areas and borrow areas.

7. Spread fertilizer, incorporate organic matter, seed, and mulch disturbed areas.

8. Demobilize from site.

C-2 - GOVERNMENT FURNISHED PROPERTY

The Forest Service will provide a source of borrow material as needed for temporary road construction on this project. General fill, backfill, boulders, and surface course material may be obtained from the borrow area SHOWN ON THE DRAWINGS. If additional borrow is needed, the COR shall locate new areas for use on the project. The CONTRACTOR shall be responsible for excavation, sorting, and hauling material to the site. All material obtained from borrow areas must be approved by the COR prior to placement.

C-3 - STANDARD SPECIFICATIONS

The following Standard Specifications are part of this solicitation and any resulting contract and are included in Section J.

Division No. DESCRIPTION

100 General Specifications 150 Engineering 200 Earthwork 250 Structural Enbankment 300 Bases 600 Incidental Construction 700 Materials

C-4 - SPECIAL PROJECT SPECIFICATIONS

The following Special Projects Specifications are part of this solicitation and any resulting contract and are included in Section J.

Section No. DESCRIPTION

101 Abbreviations, Acronyms, & Terms 102 Definitions 104 Maintenance for Traffic 106 Measurement & Payment 160 Quality Control & Quantity Measurement 170 Construction Staking, L-Line 201 Clearing & Grubbing 202 Removal of Structures & Obstructions 203 Excavation, Embankment and Haul 204 Soil Erosion & Water Pollution Control 210 Closing, Obliteration, or Treatment of Existing Roads 249 Composite Road Construction

304 Aggregate Base or Surface Course 601 Mobilization 603 Metal Pipe 611 Development of Pits and Quarries 625 Seeding and Mulching 637 Equipment Rental 652 Adit Discharge Infiltration Basin 653 Construct Channels 714 Geotextile, Geocompostie Drain Material, and Geogrids

C-5 - DRAWINGS

The following Standard Drawings are part of this solicitation and any resulting contract and are included in Section J.

Sheet No. Title

1 Cover and Index 2 Summary of Quantities 3 Road Construction Plan and Logs 4 Unnamed Mine Site Work 5 Gray Lead Mine Site Work 6 Road Details

7-8 Miscellaneous Details

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)

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

{For this Solicitation, there are NO clauses in this Section}

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/ http://www.arnet.gov/far/

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, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

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 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days. The time stated for completion shall include final cleanup of the premises.

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 conference will be held at the Beaverhead-Deerlodge National Forest Supervisor’s Office Annex, Butte, Montana.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-77 Emergency Response (NOV 1996) http://www.usda.gov/procurement/policy/agar.html

H-1 – FIRE CONTROL

(a) Fire Preparedness - Specific fire precautionary measures are set forth below. Upon request of the

Contracting Officer Representative (COR), CONTRACTOR shall permit and assist in periodic testing and inspection of required fire equipment. CONTRACTOR shall promptly remedy deficiencies found through such inspection and testing. The following requirements shall apply during the Contract period.

(b) Fire Extinguishers and tools required with equipment - Each unit of powered equipment used in connection with this project shall be equipped with serviceable tools and fire extinguishers acceptable to COR as follows:

1. MOBILE EQUIPMENT. Examples include excavators, front-end loaders, backhoes, scrapers, motor graders, and haul trucks.

• One – Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with a 4 B.C. or higher rating.

• One – Shovel (round point #0 lady or equal). For equipping mobile equipment, an acceptable substitute is a “D-handle” round point shovel with a minimum 27-inch handle and a minimum 8-by 11-inch blade.

• One – Axe, double bit, 3.5#, or one pulaski.

2. SUPPORT EQUIPMENT. Examples include lowboys, busses, pickups, panels, automobiles, service trucks, or similar equipment used in construction or construction support, transporting people, equipment, and/or materials.

• One – Fire extinguisher, dry chemical type of not less than 2.5-pound capacity with a 4

B.C. or higher rating.

• One – Shovel (round point #0 lady or equal).

• One – Axe, 2# or over, 26-inch minimum length, or one pulaski.

• One - Bucket or similar water container (at least 1-gallon capacity).

3. POWER SAWS.

• One – Shovel (round point #0 lady or equal). Shovel shall be with gas containers and/or no more than 100 feet distance from where sawyer is working.

• One – Fire extinguisher, containing not less than eight (8) ounces of extinguisher fluid or a dry chemical powder type of not less than one (1) pound capacity. The extinguisher shall be carried by the operator at all times.

• Any fueling or refueling of a power saw shall only be done in an area which is freed of or which has first been cleared of all material capable of carrying fire; such power saw will be moved at least 10 feet from place of fueling before starting.

(c) Fire Tools - CONTRACTOR shall furnish and maintain in serviceable condition, in quantities and at locations to be designated by the COR, tool boxes, fire tools, and other fire equipment to be used only for suppressing forest fires. Each toolbox shall be weatherproofed and marked “TOOLS FOR FIRE ONLY” and kept sealed. These requirements are in addition to fire tool requirements for mobile, support or power saw equipment.

1. Special tool caches shall not be required when less than 20 people are employed on site, excluding truck drivers.

2. Operations employing 20 to 30 people, excluding truck drivers, shall furnish a tool cache as follows:

• One – Axe, double bit, 3.5#

• Five – Shovels (round point #0 lady or equal)

• Five – Pulaskis

• For each multiple of 10 people over 30, the above tool cache requirement shall be doubled.

(d) Spark Arresters - Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the COR. Exceptions where the COR may approve mufflers or other equipment in lieu of spark arresters qualified and rated under Forest Service standard 51200-LA are:

(A) small multi-position engines, such as chain saws, shall meet society of automotive engineers J335b standards. (B) Passenger-carrying vehicles and light trucks may have baffle-type muffler with tail pipe. (C) Heavy-duty trucks may have a vertical stack exhaust system with muffler, provided the exhaust stack extends above the cab of the vehicle. (D) An exhaust drive turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices shall be properly installed and maintained.

(e) Blasting - Fuse or prima cord shall not be used unless authorized in writing by the COR, with special precautions stated.

(f) Smoking - Smoking shall not be permitted within construction operations except on surfaced or dirt roads, at landing, within closed vehicles, in camps or at other posted places. Smoking shall not be permitted while working or traveling on foot, within or through construction area.

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, 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

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 2005) 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 (SEP 2006) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 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) (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) http://www.usda.gov/procurement/policy/agar.html

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

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) 52.227-1 Authorization and Consent (JUL 1995) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.227-4 Patent Indemnity -- Construction Contracts (APR 1984) 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) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (JUN 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 (SEP 2005) 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (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 (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Property Records (APR 1984) 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)

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

FAR 52.204-7 Central Contractor Registration (JUL 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 means the 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 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).

(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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#TopOfPage 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;

(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 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

(a) Definition. As used in this clause-http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#TopOfPage

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.

Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.225-9 Buy American Act-Construction Materials (JAN 2005)

(a) Definitions. As used in this clause—

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b) (2) and

(b) (3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b) (2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(a) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based…