AG-0356-S-12-0011.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

578508

HELENA NATIONAL FOREST

2880 SKYWAY DRIVE

HELENA MT 59601

03H6

EAST SIDE ACQUISITION TEAM (ESAT)

Helena National Forest Attn: AFitzpatrick 2880 Skyway Drive, Helena, MT 59602

ALANE FITZPATRICK 406-495-3726

106/07/2012

AG-0356-S-12-0011

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

Stone Lake Construction & Reconditioning

Part I-The Schedule

1. Section A: SF-1442

2. Section B: The Schedule-Supplies or Services & Prices/Costs

3. Section C: Description/Specifications/Work Statement

4. Section E: Inspection & Acceptance

5. Section F: Deliveries or Performance

6. Section G: Contract Administration Data

7. Section H: Special Contract Requirements

Part II: Contract Clauses

8. Section I: Contract Clauses

Part III: List of Documents, Exhibits & Other Attachments

9. Section J: List of Attachments

Part IV: Representations & Instructions

10. Section K: Representations, Certifications & Other Statements to Offerors

11. Section L: Instructions, Conditions & Notices to Offerors

12. Section M: Evaluation Factors for Award

Contractor DUNS#:

Contractor TIN#:

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 calendar days and complete it within ________________ ________________ calendar days after receiving

Section F

07/06/2012

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

HELENA NATIONAL FOREST

2880 SKYWAY DRIVE

HELENA MT 59601

03H6

ALANE FITZPATRICK

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-0356-S-12-0011

BEAVERHEAD-DEERLODGE NATIONAL FOREST: Stone Lake Trail Construction and Reconditioning Delivery: 09/15/2013 Delivery Location Code: 0356

USDA FOREST SERVICE

BEAVERHEAD-DEERLODGE SUPV OFFICE

420 BARRETT STREET

DILLON MT 59725 US

FOB: Destination

001 Stone Lake Trail Project. Wise River/Wisdom Ranger Districts, Beaverhead-Deerlodge NF.

Beaverhead County. COR-Kendra Bull Product/Service Code: Y1PA Product/Service Description: CONSTRUCTION OF

RECREATION FACILITIES (NON-BUILDING)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG‐0356‐S‐12‐0011

BEAVERHEAD‐DEERLODGE NATIONAL FOREST

Stone Lake Trail Construction & Reconditioning

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B1. SCHEDULE OF ITEMS: Stone Lake Trail Construction and Reconditioning, Beaverhead County, Montana, Wisdom & Wise River Ranger Districts, Beaverhead‐Deerlodge National Forest.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

15101 Mobilization LSQ LS 1 $ $

15102 Equipment Washing LSQ LS 1 $ $

15201 Stake Refreshing LSQ LS 1 $ $

15202 Stake Cleanup LSQ LS 1 $ $

20101 Clearing and Grubbing DQ LF 10,558 $ $

20401 Excavation DQ LF 10,558 $ $

20402 Drain Dip AQ EA 6 $ $

20405 Earth Waterbar AQ EA 25 $ $

20420 Rock Turnpike AQ LF 85 $ $

20430 Insloped Turn AQ EA 3 $ $

20502 Blast Boulder AQ LF 1 $ $

21110 Slash Barrier AQ LF 100 $ $

30301 Trail Reconditioning DQ LF 3,865 $ $

63302 10‐foot by 6‐inch Treated Post AQ EA 1 $ $

63304 Routed Oak Directional Sign AQ EA 1 $ $

63305 Bulletin Board AQ EA 1 $ $

TOTAL PRICE – All Items: $

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 FAR 52.232‐5. Payments under Fixed‐Price

Construction Contracts shall not be in addition to the contract price but can be included under Mobilization.

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

E‐Mail: ________________________________

DUNS: _____________________________________ TIN: ________________________________

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity LS ‐‐‐‐‐‐‐‐ Lump Sum

LSQ ‐‐‐‐‐ Lump Sum Quantity LF ‐‐‐‐‐‐‐‐ Lineal Foot

DQ ‐‐‐‐‐‐ Design Quantity EA ‐‐‐‐‐‐‐ Each

Stone Lake Trail Construction & Reconditioning

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. PROJECT DESCRIPTION AND LOCATION

(a) Scope of Contract/Description of Work: The project includes the construction and reconditioning of the main access trail to Stone Lake, the Doolittle Trail Number 3090. Included in the work is obliterating over one (1) mile of work, and new construction of nearly two (2) miles of motorcycle trail in the West Pioneer Mountain Range. Construction items include clearing and grubbing, excavation, turns, drainage structures, trail obliteration, sign and bulletin board installation, and routine trail maintenance work.

Stake refreshing and cleanup are required in this contract. The main objective of this project is to create a safe riding environment with the new construction, to close the old trail to motorized use, and to reduce erosion on the existing trail.

(b) Project Location and Directions: Doolittle Creek Trail Number 3090 is located approximately 10 air miles northwest of the town of Wisdom, Montana. The trail begins in Section 35 of T. 1 S., R 14 W. To access this project, take the Doolittle Road at mile marker 36 on Hwy 43 north of Wisdom and drive up Forest Road 2421. At the first main junction of Forest Road 2421, turn left onto Forest Road 2422 and then take the second main junction (turn right) onto Forest Road 2423. The road is easily passable in a two‐ wheel drive vehicle. The trailhead is 7.2 miles from Highway 43.

(c) Equipment: All tools and equipment shall be furnished by the contractor. Excavators shall be limited to a maximum 39‐inch track width. Two‐wheeled motor vehicles are allowed access on both the Pioneer Loop National Recreation Trail and the Doolittle Creek Trail. When not on site, keep valuable tools hidden from the trail.

(d) Subcontractors: All subcontractors need to be identified by the time of the pre‐work meeting, and must be approved prior to the issuance of the Notice to Proceed. Contractors shall bring a completed SF‐1413 form to the pre‐work conference for each subcontractor. (An SF‐1413 form is attached in Section J.)

(e) Price Range: $25,000 to $100,000.

(f) Pre‐bid Tour: No pre‐bid tour will be conducted. Parties wishing to obtain information on the project may contact Kendra Bull, Beaverhead‐Deerlodge National Forest Supervisor’s Office, Dillon, MT;

telephone 406‐683‐3962.

(g) Pre‐bid Conference: None

(h) Start Work Date: The Contractor must complete all work in either the 2012 field season or the 2013 field season. The start work date shall be coordinated at the time of award.

(i) Period of Performance: If the notice to proceed is issued in 2012, then all work must be completed by

15 September 2012. If the notice to proceed is issued in 2013, then all work must be completed by 15 September 2013.

C2. DRAWINGS

The following drawings are a part of this solicitation and any resulting contract:

STANDARD DRAWINGS SHEET

Cover Sheet Vicinity Map Summary of Quantities and Notes Trail Log Trail Typicals

SECTION D – PACKAGING & MARKING

For this Solicitation, there are no clauses included in this Section.

Stone Lake Trail Construction & Reconditioning

SECTION E – INSPECTION & 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): https://www.acquisition.gov/far/index.html;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246.12 – Inspection of Construction (APR 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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): https://www.acquisition.gov/far/index.html;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

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 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 15 September 2013; however, work must be started and completed in the same calendar year. For example, if the notice to proceed is issued in 2012 at the Contractor’s request, the work must be completed no later than 15 September 2012. Likewise, if the notice to proceed is issued in 2013, the work must be completed no later than 15 September 2013. The time stated for completion shall include final cleanup of the premises.

SECTION G – CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 7 days after the date of contract award. The conference will be held at the Beaverhead‐Deerlodge National Forest Supervisor’s Office in Dillon, MT.

Stone Lake Trail Construction & Reconditioning

G1. Government Furnished Property: Stone Lake Trail Construction and Reconditioning project – Standard Drawings

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. Blasting Requirements: Blaster must hold a current license and a blasting plan shall be provided to the

Contracting Officer for approval prior to initiating any blasting activities.

H2. Use of Premises and Camping: Contractors are expected to keep a clean camp at all times and adhere to proper food storage. Camping will be allowed in close proximity to the work. ‘Leave No Trace’ ethics shall be strictly enforced. Visit the Leave No Trace website for more information at http://lnt.org/learn/7‐principles.

The Contracting Officer’s Representative or Inspector will inspect the Contractor’s camp as part of the final inspection. Contractors shall not be allowed to camp within one quarter mile the Stone Lakes. Bears frequent the area and proper food storage is recommended but not required in this area.

Stone Lake Trail Construction & Reconditioning

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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): https://www.acquisition.gov/far/index.html;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204‐7 Central Contractor Registration (FEB 2012) 52.209‐6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.211‐18 Variation in Estimated Quantity (APR 1984) 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2011) 52.222‐3 Convict Labor (JUN 2003) 52.222‐6 Davis‐Bacon Act (JUL 2005) 52.222‐7 Withholding of Funds (FEB 1988) 52.222‐8 Payrolls and Basic Records (JUN 2010) 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) 52.222‐36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.223‐5 Pollution Prevention and Right‐to‐Know Information (MAY 2011) 52.223‐6 Drug‐Free Workplace (MAY 2001) 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) 52.224‐1 Privacy Act Notification (APR 1984) 52.224‐2 Privacy Act (APR 1984) 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 Contract (DEC 2007) 52.228‐2 Additional Bond Security (OCT 1997) 52.228‐5 Insurance – Work on a Government Installation (JAN 1997) 52.228‐11 Pledges of Assets (JAN 2012) 52.228‐14 Irrevocable Letter of Credit (DEC 1999) 52.232‐5 Payments under Fixed‐Price Construction Contracts (SEP 2002) 52.232‐18 Availability of Funds (APR 1984) 52.232‐23 Assignment of Claims (JAN 1986)

Stone Lake Trail Construction & Reconditioning

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 (JUL 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) 52.236‐21 Specifications and Drawings for Construction (FEB 1997) 52.243‐5 Changes and Changed Conditions (APR 1984) 52.245‐1 Government Property (APR 2011) 52.244‐6 Subcontracts for Commercial Items (DEC 2010) 52.246‐21 Warranty of Construction (MAR 1994) 52.249‐1 Termination for Convenience of the Government (Fixed‐Price) (Short Form) (APR 1984) 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‐Based Paint (NOV 1996) 452.236‐72 – Use of Premises (NOV 1996) 452.236‐73 – Archaeological or Historic Sites (FEB 1988) 452.236‐74 – Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236‐76 – Samples and Certificates (FEB 1988)

FAR 52.225‐9 – Buy American Act – Construction Materials (SEP 2010)

(a) Definitions. As used in this clause— “Commercially available off‐the‐shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems

Stone Lake Trail Construction & Reconditioning 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—

(3) 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

(4) 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;

(2) A construction material manufactured in the United States, if—

(i) 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; or

(ii) The construction material is a COTS item.

“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. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). 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 information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

Stone Lake Trail Construction & Reconditioning

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty‐free entry certificate is issued).]

FAR 52.228‐13 Alternative Payment Protections (JUL 2000)

(a) The Contractor shall submit one of the following payment protections:

A Payment Bond; or An Irrevocable Letter of Credit (ILC); or A Certificate of Deposit.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within seven days of contract award.

Stone Lake Trail Construction & Reconditioning

(d) The payment protection shall provide protection for the full contract performance period plus a one‐ year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.209‐71 – Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alternate 1 (FEB 2012)

a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112‐74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

(End of Clause)

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.

(End of Clause)

AGAR 452.211‐73 Attachments to Statements 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.

(End of Clause)

AGAR 452.228‐70 – Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashiers’ checks, or certified checks shall be drawn payable to:

Stone Lake Trail Construction & Reconditioning

USDA‐Forest Service.

(End of Provision)

AGAR 452.236‐77 – Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236‐9, PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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

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

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

Stone Lake Trail Construction & Reconditioning

PART III – LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J1. Experience Questionnaire (pages 15‐16) J2. Wage Determination – Davis Bacon; General Decision Number MT120076 06/01/2012 MT 76 (pages

17‐21) J3. Drawings (Attached as a separate document; 14 pages) J4. Specifications (Attached as a separate document; 30 pages) J5. SF‐1413 Statement and Acknowledgment (Attached as a separate document; 1 page)

J.1 EXPERIENCE QUESTIONNAIRE

1. CONTRACTOR NAME, ADDRESS, & TELEPHONE NUMBER:

2. BUSINESS TYPE

COMPANY

INDIVIDUAL

CORPORATION

CO-PARTNERSHIP

NON-PROFIT ORGANIZATION

3. HOW MANY YEARS DOES YOUR BUSINESS HAVE IN THE LINE OF

WORK CONTEMPLATED BY THIS SOLICITATION?

4. HOW MANY YEARS EXPERIENCE IN CONTRACTING HAS YOUR BUSINESS HAD AS AN (a) PRIME CONTRACTOR __________ AND/OR (b) SUB-CONTRACTOR __________? IS THIS TIME

CONCURRENT? YES NO

5a. LIST BELOW SIMILAR PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST THREE

YEARS:

CONTRACT

AMOUNT

TYPE OF PROJECT DATE

COMPLETED

NAME, ADDRESS & TELEPHONE NUMBER OF

OWNER/PERSON TO CONTACT FOR INFO.

5b. LIST BELOW THE PROJECTS THAT ARE INCOMPLETE:

CONTRACT

NUMBER

DOLLAR AMT.

OF AWARD

NAME, ADDRESS & PHONE

NO. OF AGENCY INVOLVED

PERCENT

COMPLETED

DATE

COMPLETED

UNITS

AWARDED

6a. HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? YES NO 6b. HAS WORK EVER BEEN COMPLETED BY PERFORMANCE BOND? YES NO 6c. IF “YES” TO EITHER ITEM 6a OR 6b, SPECIFY LOCATION(S) AND REASONS(S) WHY:

7. ORGANIZATION AND WORK THAT WILL BE AVAILABLE FOR THIS PROJECT:

a. (1) MINIMUM NO. OF EMPLOYEES: __________

AND

b. (2) MAXIMUM NO. OF EMPLOYEES: __________

b. ARE EMPLOYEES REGULARLY ON YOUR PAYROLL: YES NO

c. SPECIFY EQUIPMENT AVAILABLE FOR THIS CONTRACT:

d. ESTIMATE RATE OF PROGRESS BELOW (SUCH AS 2.0 ACRES/MAN/DAY:

(1) MINIMUM PROGRESS RATE: AND (2) MAXIMUM PROGRESS RATE:

8. LIST BELOW THE EXPERIENCE OF THE PRINCIPAL INDIVIDUALS OF YOUR BUSINESS:

INDIVIDUALS NAME PRESENT POSITION

YEARS

OF EXP.

MAGNITUDE AND TYPE OF WORK

9. REMARKS – SPECIFY BOX NUMBERS (also use this area to address any problems with past performance not noted in item 6):

(Attach sheets if extra space is needed.)

10. THE BIDDER SHALL INDICATE WHETHER OR NOT HE/SHE HAS EXAMINED THE AREAS FOR WHICH

THIS BID IS SUBMITTED: YES NO

IF YES, THE DATE AREA WAS EXAMINED:

CERTIFICATION: I CERTIFY THAT ALL OF

THE STATEMENTS MADE BY ME ARE

COMPLETE AND CORRECT TO THE BEST OF

MY KNOWLEDGE AND THAT ANY PERSONS

NAMED AS REFERENCES ARE AUTHORIZED

TO FURNISH THE FOREST SERVICE WITH

INFORMATION NEEDED TO VERIFY MY

CAPABILITY TO PERFORM THIS PROJECT.

11a. CERTIFYING OFFICIAL’S NAME & TITLE

11b. SIGNATURE (Sign in ink)

11c. DATE

J1. WAGE DETERMINATION – Davis Bacon (www.dol.gov)

General Decision Number: MT120076 06/01/2012 MT76 Superseded General Decision Number: MT20100086 State: Montana Construction Type: Heavy

Counties: Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis and Clark, Madison, Meagher, Powell, Silver Bow and Yellowstone National Park Counties in Montana.

HEAVY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 01/06/2012 1 01/13/2012 2 02/03/2012 3 02/10/2012 4 02/17/2012 5 03/02/2012 6 03/23/2012 7 06/01/2012

BRMT0001-004 06/01/2011

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERON, MADISON, POWELL, AND

SILVER BOW COUNTIES

Rates Fringes

BRICKLAYER.......................$ 26.06 11.35

BRMT0005-002 06/01/2011

GALLATIN COUNTY

Rates Fringes

BRICKLAYER.......................$ 26.06 11.35

BRMT0006-005 06/01/2011

BROADWATER, LEWIS AND CLARK, MEAGHER, AND YELLOWSTONE NATIONAL

PARK COUNTIES

Rates Fringes

BRICKLAYER.......................$ 26.06 11.35

ELEC0044-003 06/01/2011

Rates Fringes

LINE CONSTRUCTION

(1) Lineman.................$ 38.48 4.75%+11.11

ELEC0233-018 06/01/2011

BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL,

AND SILVER BOW COUNTIES

Rates Fringes

Stone Lake Trail Construction & Reconditioning

ELECTRICIAN......................$ 26.80 11.89

ELEC0233-020 06/01/2011

BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES

Rates Fringes

ELECTRICIAN......................$ 28.26 10.99

* ELEC0532-016 06/01/2012

GALLATIN COUNTY

Rates Fringes

ELECTRICIAN......................$ 27.53 10.59

ELEC0532-020 09/01/2011

YELLOWSTONE NATIONAL PARK

Rates Fringes

ELECTRICIAN......................$ 24.58 9.60

ENGI0400-009 07/29/2011

Rates Fringes

POWER EQUIPMENT OPERATOR:

(Zone 1)

(1) A-frame truck Crane, oiler (except crane).......$ 23.47 10.40

(2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction).................$ 23.94 10.40

(3) Mechanic, Scraper.......$ 24.34 10.40

(4) Cranes, 25 tons - 44 tons........................$ 25.00 10.40

(5) Cranes, 45 tons to and incl. 74 tons...............$ 25.50 10.40

(6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...............$ 26.60 10.40

(7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)...$ 27.10 10.40

ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS:

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job:

BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL,

MISSOULA

Zone 1: 0 to 30 miles - Base Pay

Stone Lake Trail Construction & Reconditioning

Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50

IRON0732-018 06/01/2011

Rates Fringes

IRONWORKER: Reinforcing and Structural.......................$ 25.75 18.38

LABO1686-011 05/01/2011

Rates Fringes

LABORER

(2) Mason Tender............$ 20.75 7.59

(3) Pipelayer...............$ 20.89 7.59

ZONE DEFINITIONS FOR LABORERS

The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following listed town to the center of the job:

Billings, Bozeman, Butte, Helena, Great Falls, Missoula, Kalispell

TRAVEL ZONES:

ZONE 1: 0 to 30 miles, Base Pay ZONE 2: 30-60, add $3.05 to Base Pay ZONE 3: Over 60 miles, add $4.85 to Base Pay

SUMT2011-051 02/08/2011

Rates Fringes

CARPENTER (Form Work Only).......$ 24.30 7.80

CARPENTER, Excludes Form Work....$ 21.13 7.00

LABORER: Common or General......$ 18.11 5.90

LABORER: Landscape and Irrigation.......................$ 15.14 1.30

OPERATOR: Backhoe...............$ 24.16 8.05

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 21.99 8.55

OPERATOR: Excavator.............$ 23.12 7.81

OPERATOR: Grader/Blade..........$ 24.69 8.40

OPERATOR: Loader (Front End)....$ 24.20 7.84

TRUCK DRIVER: Dump Truck........$ 18.84 5.92 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Stone Lake Trail Construction & Reconditioning

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example.

Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate.

Non-Union Identifiers

Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change until a new survey is conducted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

PART IV – REPRESENTATIONS & INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS TO OFFERORS

FAR 52.204‐8 – Annual Representations and Certifications (MAR 2012)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204‐7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204‐7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203‐2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm‐fixed‐price contract or fixed‐price contract with economic price adjustment is contemplated, unless‐‐

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two‐step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203‐11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204‐3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204‐7, Central Contractor Registration.

(iv) 52.204‐5, Women‐Owned Business (Other Than Small Business). This provision applies to solicitations that‐‐

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209‐2, Prohibition on Contracting with Inverted Domestic Corporations‐Representation.

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

Stone Lake Trail Construction & Reconditioning

(vi) 52.209‐5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214‐14, Place of Performance‐‐Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215‐6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219‐1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219‐2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222‐22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222‐26, Equal Opportunity.

(xii) 52.222‐25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222‐26, Equal Opportunity.

(xiii) 52.222‐38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223‐1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA‐designated items; or include the clause at 52.223‐2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223‐4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA‐designated items.

(xvi) 52.225‐2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225‐1.

(xvii) 52.225‐4, Buy American Act ‐ Free Trade Agreements‐‐Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225‐3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225‐6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225‐5.

(xix) 52.225‐20, Prohibition on Conducting Restricted Business Operations in Sudan ‐ Certification. This provision applies to all solicitations.

(xx) 52.225‐25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran‐‐Representation and Certification. This provision applies to all solicitations.

Stone Lake Trail Construction & Reconditioning

(xxi) 52.226‐2, Historically Black College or University and Minority Institution Representation.

This provision applies to‐

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219‐23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

(i) 52.219‐22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(ii) 52.222‐18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222‐48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

(iv) 52.222‐52 Exemption from Application of the Service Contract Act to Contracts for Certain Services‐‐Certification.

(v) 52.223‐9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA‐ Designated Products (Alternate I only).

(vi) 52.227‐6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227‐15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov.

After reviewing the ORCA database…