Beal Mtn Mine Heap Leach Design-Build RFP SOLIC PKG.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0356-S-10-0033

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

16 Aug 2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

444683

6. PROJECT NO.

7. ISSUED BY CODE 0398 8. ADDRESS OFFER TO

Beaverhead-Deerlodge National Forest East Side Acquisition Team ATTN: Daniel T. McGee 1820 Meadowlark Lane Butte, MT 59701

See Block 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):

Beal Mountain Mine Heap Leach Design-Build (Phase II RFP) Beaverhead-Deerlodge National Forest - Butte Ranger District

1. SF1442, SF1442 Back

2. Part I The Schedule, Section B: Supplies or Services and Prices/Costs

3. Section C: Project Description, Specifications and Statement of Work

4. Section E: Inspection and Acceptance

5. Section F: Deliveries or Performance

6. Section G: Contract Administration Data

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 Offerors

12. Section M: Evaluation Factors for Award

Any award resulting from this solicitation will be issued pursuent to the Small Buisness Competitiveness Demonstration Program outlined in FAR Part 19.10

In accordance with FAR Part 36.204(h) the estimated magnitude of construction is between $1,000,000 and $5,000,000.

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

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 4 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 14 Sept 2010 (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-10-0033

Beaverhead Deerlodge National Forest – Butte Ranger District

Beal Mountain Mine Heap Leach Design-Build Project

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 SCHEDULE OF ITEMS (See Section J – Attachments)

Cost Limitation: Offeror is under no obligation to approach the cost ceiling (which will be provided to the offerors that have been selected as the “short listed” contractors). Proposal shall include separate cost values for design and construction.

SECTION C - DESCRIPTION AND SPECIFICATIONS

C-1 PROJECT DESCRIPTION AND LOCATION

GENERAL

A. Background/Scope of Work

The Northern Regional Office of the USDA–Forest Service has determined that a potential threat to human health and the environment stems from the Heap Leach Facility as the result of past mining activity at the Beal Mountain mine located in Silver Bow County, Montana. The Beal Mountain Mine is located approximately 15 miles west of Butte, Montana in Sections 5 and 6, T2N, R10W and Sections 31 and 32, T3N, R10W of the Montana Principle Meridian (Attachment 1). The Site encompasses NFS lands under the jurisdiction of the Forest Service, Butte Ranger District, Beaverhead-Deerlodge National Forest. The Forest Service has completed an Engineering Evaluation and Cost Analysis (EECA) under the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA) in order to develop the appropriate response action.

The Beal Mountain Mine (the Site) is within the German Gulch watershed, which is part of the Upper Clark Fork River watershed. German Gulch has two main tributaries, Beefstraight Creek and Norton Creek; Minnesota Gulch is a tributary of Beefstraight Creek. German Gulch is a tributary of Silver Bow Creek. German Gulch has a 26,275-acre watershed with elevations ranging from approximately 5,300 feet at its mouth to 8,909 feet on the western divide of Minnesota Gulch. Annual precipitation is approximately 35 to 40 inches, mostly occurring as snowfall from October through April. The area at times receives several feet of snow annually.

The Beal Mountain Mine occupies approximately 400 acres and includes two mine pits, a 77 acre heap leach facility, a waste rock dump, and the mine building containing the water treatment plant (Attachment 2). All of the mine facilities are on National Forest System (NFS) lands. See Attachment 2 for a map showing the Beal Mountain Mine area.

There is a significant threat of a release of hazardous substances, including but not limited to, nitrate+nitrite, sulfate, copper, iron selenium and cyanide from the heap leach facility to German

Gulch and other surface water and ground water. Thus, there is a need to implement the selected removal action to repair the northern end of the heap leach facility. An Engineering Evaluation/Cost Analysis (EE/CA) which analyzed the problem at the site and discussed various alternatives to address the issues was completed in March 2010. The work to be completed at the heap leach facility is part of the selected alternatives for the Site.

In order to accomplish this work the Forest Service in conjunction with its Contractor will need to develop a two (2) step process to complete the removal action at the heap leach facility. The first step is to develop a design package, including written specifications and drawings for closure of the north end of the heap leach facility and the detoxification pond. The second step of the project will be to implement this removal action according to the approved design package.

B. Purpose

As a result of existing and potential environmental impacts, the Forest Service plans to take the final steps in accordance with the National Contingency Plan to implement a removal action to reduce the environmental impacts associated with the past mining activities at the Site. The purpose of this Scope of Work (SOW) is to outline the work required under this contract. The removal action to be implemented under this contract conforms to Alternative LP- 5 (Grout Curtain North Edge of Leach Pad) and portions of LP-2 – (Replace Existing Cover) from the

EE/CA.

The selected removal action for this contract includes the repair of the liner along the north edge of the heap leach facility and the installation of a grout wall to eliminate the subsurface flows from entering the heap and the removal of the detoxification pond. Instead of replacing the entire existing cover, the design and construction work to be implemented is to repair the liner along the northern edge of the heap where the exploratory trenches are located and eliminate the gap between the top cover and the bottom liner. Work to be completed at the Detoxification Pond is discussed in the Actions Common to All Alternatives to Remove Facilities and Ponds section in the EE/CA. The Detoxification Pond located on the southwest corner of the heap leach pad is to be eliminated and the liner repaired in this area to eliminate infiltration of precipitation into the heap leach facility. The design must allow for positive drainage off of the heap leach facility.

PROJECT REQUIRMENTS

Task 1 – Review of Existing Information

1) Review of all existing information, including but not limited to:

a. Engineering Evaluation/Cost Analysis - March 2010

b. Final Report Preliminary Leach Pad Investigation Report - February 2010

c. Existing Conditions Report/Beal Mountain Mine - April 2004

d. Monitoring Activities and Summary of Bench Scale Testing of the Beal Mountain

Leach Pad (Draft) - February 2007

e. Information outlining the infrastructure associated with the ongoing Reverse Osmosis Water Treatment plant. This plant will be operating and the infrastructure must be avoided.

f. NOTE: Items a, b and c are available at the following website – http://fs.usda.gov/goto/bdnf/projects/beal and all additional information for Items d and e will be added to the website as it comes available

2) Utilizing all available information from the Site in the design to the extent it is applicable and in a usable format.

Task 2 - Collection of Additional Information from the Site

1) Collect any additional on-site information, such as surveying, additional drilling or trenching, materials collection and testing, locations of potential borrow sources, if necessary, etc.

2) The available topographic mapping may not be suitable for design purposes. Other sources of data that the Forest Service has available will be incorporated into the design process, such as well data, etc.

Task 3 – Conceptual Design

1) The conceptual design for the Beal Mountain Heap Leach Facility, in general, is to extend and repair the liner system and install a grout cutoff wall on the north end of the facility to eliminate the gap between the top and bottom liner in order to minimize any water from entering into the facility and to remove and repair the cover liner at the detoxification pond. The detoxification pond area will be regraded to blend with the surrounding slopes and maintain positive drainage in the area. Additional borrow may be needed to fill in the area. A permanent water conveyance structure will be needed to drain the water from the heap facility off site in a controlled manner.

Other run-on and run-off drainage control structures may be necessary and proper revegetation methods for all disturbed areas should be part of the design.

2) Given the fact that the excavation of several exploratory trenches has ripped the existing liner, the design should account for the repair and or extension of the existing liners and incorporate these considerations into the overall design.

3) The design should consider the junction of the bottom liner and top liner system of the heap leach facility and the grout cutoff wall to ensure that water entering the facility is eliminated or minimized to the extent practicable.

4) The design should consider a permanent water drainage conveyance system that will remove water from the heap leach facility off of the site in a controlled manner. Consideration should be given to environmental factors such as freezing conditions and drifting snow in the design of this system.

5) The design should consider the material balance for the removal and regrading of the detoxification pond and the removal and disposal of the liner from the pond.

6) Discuss and agree to the conceptual design for the Beal Mountain Heap Leach Facility with the Forest Service after submittal of the draft conceptual design. A Design Memorandum would be prepared describing key design criteria and the results of the design evaluation and would be used to guide the design of the construction elements.

http://fs.usda.gov/goto/bdnf/projects/beal�

Task 4 – Construction Specifications, Drawings and Engineer’s Cost Estimate

1) Development of a construction specifications and drawings package in accordance with Forest Service direction.

2) The approved engineering design will be incorporated into a construction package consisting of plans, specifications and an engineer’s cost estimate. Specifications will be developed in accordance with a standard specification format acceptable to the Forest Service, such as CSI format. The cost estimate will be presented in two parts: 1) Unit costs for each pay item; and, 2) A detailed breakdown of cost elements included in each pay item. The unit cost method of estimating will be favored over a level of effort estimating method to determine the total estimated price of the response action.

3) Engineering design and analysis may include, but is not limited to, drilling specifications, grout specifications, cover design for repair and extension of liner systems, infiltration and groundwater modeling, liner specifications and installation procedures, slope stability analysis, storm water runoff modeling, channel and other drainage structure design, cut and fill volumes, material balances, borrow material specifications, etc. All of the above items may not be required in order to get to an acceptable final design.

4) For the design, engineers will evaluate design parameters and criteria for hydrologic controls (i.e.

run-on and run-off structures), for geotechnical-dependent components such as the leach pad, for the liner repair and extension, for the cover cap regrading and for the grout cut-off wall design work. Quantities of materials for the various components would be evaluated during the design phase, as well as possible sources, and any engineering testing of materials.

5) The construction package will be delivered in two phases: at 60% and at 95% completion. The conceptual design will have enough detail to allow for proceeding to a 60% design package. At the 60% stage, the Contractor will meet with the Forest Service to discuss any changes necessary in approach or scope. A plan-in-hand on the ground review may be used, if deemed necessary, to evaluate and comment on the 60% submittal. The 95% submittal will be considered the final construction package, recognizing that the Forest Service may require additional changes to the design to be implemented on the ground.

6) The 95% submittal must be signed by a Professional Engineer licensed in the State of Montana.

Task 5 – Construction

1) Implement the approved plans from Task 4 above. This includes, but is not limited to:

2) Implementation of the removal action according to the approved design to include at a minimum:

a. Grout cut-off wall into bedrock

b. Liner repair of the exploratory trench areas

c. Liner extension and repair to join the top and the bottom liner systems

d. Permanent drainage structure to carry drainage off the cover of the heap and away from the heap to a stable surface water drainage system.

e. Removal of the detoxification pond and repair of the cover liner system.

f. Any other surface water drainage structures necessary for the stabilization of the area adjacent to the northern end of the heap leach facility

3) Development of a Health and Safety Plan to protect all people involved in the project from the human health and safety risks posed by the site work.

4) Development of a Quality Control Plan that outlines the established protocols and procedures that will be used at the site for implementation of the approved specification and drawing package. Also, identify any potential problems and proposed contingency plans for the site.

5) Contractor shall be required to provide the following submittals for Forest Service review and approval, including, but not limited to, Site Specific Health and Safety Plan, Quality Control Plan, Erosion Control Plan, and Traffic Control Plan.

6) Contractor shall complete the work according to the approved specifications and drawings.

7) Contractor shall provide as built drawings, documenting the work completed and any variations from the approved drawings. As-builts shall also include the locations of any utilities, ditches, drains, sub-surface features or other structures located in the course of conducting the work. The as-built drawings shall be included in the Final Construction Report.

8) Contractor shall provide a Final Construction Report. The Final Construction Report shall document the completed removal action, including a summary of the project with photos, as built drawings, Final list of bid items, quantities and costs, description of any work that varied from the specifications and drawings and any recommendations on how to complete similar work in the future. The report shall also address any difficulties encountered, how these issues were resolved and any recommendations for future work at the Site.

DELIVERABLES

1) Four hard copies of the Design Memorandum (1-RO, 1-Gallatin, 1-Beaverhead-Deerlodge, 1- Contracting Officer)

2) Four hard copies of the 60% design package and one electronic in Word format (1-RO, 1- Gallatin + electronic CD, 1-Beaverhead-Deerlodge, 1-Contracting Officer)

3) Four hard copies of the 95% design package and one electronic in Word format (1-RO, 1- Gallatin + electronic CD, 1-Beaverhead-Deerlodge, 1-Contracting Officer)

4) Four hard copies of the Final Construction Report with As-Built Drawings and one electronic in Word format (1-RO, 1-Gallatin + electronic CD, 1-Beaverhead-Deerlodge, 1-Contracting Officer)

ESTIMATED TIMEFRAMES

5 October 2010 Kick off Meeting (review statement of work and answer questions) 20 October 2010 On the ground review of Conceptual Design 3 November 2010 Design Memorandum due 21 January 2011 60% specifications and plans due with draft detailed cost/pay item estimates 23 March 2011 95% specifications and plans due with final detailed cost/pay estimates 15 April 2011 Submittals for construction work due 20 June 2011 Start Construction Work 30 September 2011 Construction Work completed 30 December 2011 Final Construction Report with As-Built Drawings due

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/ and http://farsite.hill.af.mil/

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/ and http://farsite.hill.af.mil/VFFAR1.HTM and www.usda.gov/procurement/policy/agar.html

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) http://www.arnet.gov/far/� http://farsite.hill.af.mil/� http://www.arnet.gov/far/� http://farsite.hill.af.mil/VFFAR1.HTM� http://www.usda.gov/procurement/policy/agar.html�

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 December 2011. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within seven (7) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek that will be approved is negotiable.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys, auger borings, core borings, test pits, probings, test tunnels provided per Task 1 (Project Requirements).

FAR 52.236-22 Design Within Funding Limitations (APR 1984)

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

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

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

AGAR 452.215-73 Postaward Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: Beaverhead-Deerlodge National Supervisor Office Annex; 1820 Meadowlark Lane, Butte, MT. 59701.

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

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 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-10 Price Reduction for Defective Cost or Pricing Date (OCT 1997) 52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications (OCT 1997) 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997) 52.215-13 Subcontractor Cost or Pricing Data – Modifications (OCT 1997) 52.215-15 Pension Adjustments and Asset Reversions (OCT 2004) 52.215-16 Facilities Capital Cost of Money (JUNE 2003) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than

Pensions (JULY 2005) 52.215-19 Notification of Ownership Changes (OCT 1997) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data –

Alternate III (OCT 1997) 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—

Modifications Alternate III (OCT 1997) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan – Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages--Subcontracting Plan (JAN 1999) http://www.arnet.gov/far/� http://www.usda.gov/procurement/policy/agar.html�

52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (APR 2008)

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-41 Service Contract Act of 1965.

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

(MAY 2008)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance—Work on a Government Installation 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) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003)

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

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 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)

Alternate I (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUNE 2003) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services).

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property Installation Operation Services (JUNE 2007) 52.245-9 Use and Charges 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-7 Termination (Fixed-Price Architect-Engineer).

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) 452.236-80 Firms Ineligible for Award -- Construction (NOV 1996)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number 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 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) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

http://fedgov.dnb.com/webform�

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(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.

52.209-8 – Updates of Information Regarding Responsibility Matters (Apr 2010)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204- 7).

(b)

(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the contractor revises them.

(3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor’s record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"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)).

http://www.ccr.gov/�

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).