Solicitation.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)

476066

USDA FOREST SERVICE

NORTHWEST OREGON CONTRACTING AREA

16400 CHAMPION WAY

SANDY OR 97055

046W

USDA Forest Service, Northwest Oregon Contracting Area 16400 Champion Way Sandy, Oregon 97055

DONNA KNIGHT-JONES 503-668-1438

1x 12/16/2010

AG-046W-S-11-0004

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

Big John Rehabilitation, Multnomah County, Oregon

Price Range: The Government's estimate is between $100,000 and $250,000.

Technical Contact: COR Matthew Hackett @ (503) 668-1643

The attached Department of Labor Wage Rate Number OR100043, dated 11/26/2010 applies to ALL labor related to this project.

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.)

10 120 calendar days and complete it within ________________ ________________ calendar days after receiving

01/18/2011

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

USDA FOREST SERVICE

NORTHWEST OREGON CONTRACTING AREA

16400 CHAMPION WAY

SANDY OR 97055

046W

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...

AG-046W-S-11-0004 Page 3 of 68 Big John Restroom Rehabilitation

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Section C: Description/specifications/Statement of Work Section D: Packaging and Marking Section E: Inspection and Acceptance Section F: Deliveries or Performance Section G: Contract Administration Data Section H: Special Contract Requirements

PART II—CONTRACT CLAUSES

Section I: Contract Clauses

FULL TEXT CLAUSES

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

Section J: List of Documents, Exhibits, and Other Attachments

PART IV—REPRESENTATIONS AND INSTRUCTIONS

Section K: Representations, Certifications, and Other Statements of Offerors or Respondents Section L: Instructions, Conditions, and Notices to Offerors or Respondents Section M: Evaluation Factors for Award

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PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Item Number

B- 1 - SCHEDULE OF ITEMS

Description Unit Quantity

Unit Price Total Cost

015050 Mobilization L.S. 1 $

024119 Demolition L.S. 1 $

033000 Cast-In-Place Concrete CY 1.00* $

061000 Rough Carpentry L.S. 1 $

062000 A Replace Exterior Wall Sills LF 160 $

062000 B Replace Entryway Columns Each 20 $

062000 C Repair Cupola Roof Vent L.S. 1 $

062000 D Exterior Wall Finish L.S. 1 $

062000 E Interior Wall Finish L.S. 1 $

073130 Replace Cedar Shake Roofing and Weather Sheathing SQ 13.5* $

081400 Door and Door Hardware L.S. 1 $

099000 Painting L.S. 1 $

099100 Insect, Termite, and Fungus Treatment L.S. 1 $

101660 A High Density Plastic Toilet Partitions Each 4 $

101660 B High Density Plastic Accessible Toilet Partitions Each 2 $

101660 C Plastic Laminate Urinal Partition Each 1 $

220000 A Interior Plumbing L.S. 1 $

220000 B Water Closet Each 6 $

220000 C Urinals Each 2 $

220000 D Sinks Each 4 $

220000 E Exterior Plumbing L.S. 1 $

260050 Replace Electrical System L.S. 1 $

260500 Lighting L.S. 1 $

AG-046W-S-11-0004 Page 6 of 68

262890 RV Electrical Pedestal L.S. 1 $

TOTAL

* Denotes Contract Quantity

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

DUNS Number________________________

TIN Number__________________________

Offers shall be submitted for the total item. Offers for less than the total item will not be considered.

Enter TOTAL PRICE in Block 17 on page 2 of Standard Form 1442.

The estimated start work date is February or March 2011. All work shall be completed within 120 calendar days after the effective date of the Notice to Proceed.

No award shall be made to a Contractor not registered in the Central Contractor Registration (CCR) database. (Section I)

Contractors shall provide Representation and Certifications electronically at the ORCA website, http://orca.bpn.gov (Section K)

AG-046W-S-11-0004 Page 7 of 68

Section C: Description/specifications/Statement of Work

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) Work includes: replacement of a segment of the water supply pipe and sewer pipe, the removal of and installation of a new plumbing system. It also includes the remodel of the restrooms that requires new framing, finishing work, new fixtures, a new door and painting. In addition the exterior of the Historic Building need some repair and replacement work including new cedar shake roof, new sills and new entryway posts. Finally the existing electrical system needs to be removed and replaced including new lights.

C-2 PROJECT LOCATION

The project can be located as follows: The Eagle Creek Recreation Area is located approximately 35 miles east of Portland, Oregon, along Interstate 84. Eastbound, Exit 41 accesses the off ramp. Turn left at the bottom of the off ramp and then left again to access the Overlook Road. Westbound, take Exit 40 and return eastbound to Exit 41. There is no westbound exit or on ramp.

C-3 SPECIFICATIONS

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (FAR 52.211-1) (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (FAR 52.211-3) (JUN 1988)

AG-046W-S-11-0004 Page 8 of 68

The specifications cited in this solicitation may be obtained from:

Specification Address

ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103

(215) 199-5462

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

C-4 SUBMITTALS

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates.

2. Project name and contract number.

3. Names of Contractor, subcontractor, supplier, and manufacturer.

4. Specifications section number.

5. Field dimensions and relation to adjacent structures.

6. Applicable standards such as ASTM or Federal Specifications.

7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.

C-5 PRODUCT SAMPLES AND/OR SUBMITTALS

The following product samples and/or submittals are required for this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

Existing Conditions Electronic Photographs 013510, 024119 N/A Alternative Methods and Mateirals

013510 10 Days

Schedule of Demolition 024119 N/A Cutting, Patching, and Repair Proposal

024119 10 Days

Milled Profiles and Lumber Quality

062000 10 Days

Weather Shield 07131 10 Days Cedar Breather 07131 10 Days Building Felt 07313 10 Days Western Cedar Shakes 07313 10 Days

AG-046W-S-11-0004 Page 9 of 68

Nails 07313 10 Days Flashings 07131 10 Days Wood Door 081400 10 Days Door Hardware 087100 10 Days Paint 099000 10 Days Sealants 099000 10 Days Plastic Laminate Toilet Partitions

101660 10 Days

Partition Hardware 101660 10 Days Grab Bar 102813 10 Days Paper Towel Dispenser 102813 10 Days Sanitary Napkin Disposal 102813 10 Days Toilet Tissue Dispenser 102813 10 Days Toilet Seat Dispenser 102813 10 Days Hand Soap Dispenser 102813 10 Days Plumbing Fixtures 022000 10 Days Plumbign Valves 022000 10 Days Plumbing Cleanouts 022000 10 Days Plumbing Pipe 022000 10 Days Panel Boards and Circuit Breakers

260050 10 Days

Conduit and Raceway 260050 10 Days Outlet Boxes 260050 10 Days Pull and Junction Boxes 260050 10 Days Conduit Fittings 260050 10 Days Switches, Receptacles, and Plugs

260050 10 Days

Conductors 260050 10 Days Identification Nameplate Schedule

260050 10 Days

Wire Number Tags 260050 10 Days Lugs and Connnectors 260050 10 Days Perforated Mounted Channel, Interior Duct Seal, and Fire Stopping

260050 10 Days

Rubber Matting 260050 10 Days Lights 260500 10 Days

C-6 SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

Milled Profiles 062000 10 Days

AG-046W-S-11-0004 Page 10 of 68

C-7 MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced by

Specification No Time of Government Approval After Submittal

Electrical System Operation and Maintenance Manual 260010 10 Days

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)

AG-046W-S-11-0004 Page 11 of 68

Section D: Packaging and Marking

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

AG-046W-S-11-0004 Page 12 of 68

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Section E: Inspection and Acceptance

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/

52.246-12 Inspection of Construction. (APR 1996)

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: Project site, unless otherwise agreed to.

*Contracting Officer shall insert appropriate identifying data.

INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the Drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

AG-046W-S-11-0004 Page 14 of 68

Section F: Deliveries or Performance

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/

52.242-14 Suspension of Work. (APR 1984)

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 120 days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or

(2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 proposes to carry out the work.

The maximum workweek that will be approved is 6:00AM to 6:00PM, Monday through Friday, unless previously approved by the Contracting Officer and Contracting Officer’s Representative.

AG-046W-S-11-0004 Page 15 of 68

Section G: Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at:

The Mt. Hood National Forest Headquarters, Sandy, OR or at the Clackamas River Ranger District Office, Estacada, OR.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

AG-046W-S-11-0004 Page 16 of 68

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Section H: Special Contract Requirements

POTENTIAL SAFETY HAZARDS

(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[X ] Confined space entry.

[X ] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[X ] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[ ] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[ ] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[ ] Fire hazards.

[ ] Hazardous materials handling.

[X ] Electrical hazard.

[ ] Hydraulic and/or pneumatic and/or other high pressure hazards.

[ ] Mechanical hazards such as pulleys, springs, etc.

[X ] Other Slippery, Sloping Surface

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual survey. The Contractor will be responsible for completing site investigations to the level required for final construction.

(b) Weather conditions at Eagle Creek typically involve occasional summer showers and a higher probability of rain after October. Summer and fall temperatures are mild.

(c) Transportation facilities providing access to the site include Interstate 84, a State highway, subject to State restrictions and requirements for vehicles and loads.

AG-046W-S-11-0004 Page 18 of 68

52.236-14 Availability and Use of Utility Services. (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

Government Provided Utility

Rate to be Charged Restrictions Comments

Water No Charge Reasonable Use Sanitation No Charge Reasonable Use Electricity No Charge Reasonable Use

Prosecution of work

(a) Construction activity shall be limited to the hours between 6:00 a.m. and 6:00 p.m., Monday through Friday, unless other hours are approved in writing by the Engineer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of the trail construction, all stakes, old culverts, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.

PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects and

AG-046W-S-11-0004 Page 19 of 68 properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.

452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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PART II—CONTRACT CLAUSES

Section I: Contract Clauses

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

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. (OCT 2010)

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

52.204-7 Central Contractor Registration. (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel. (SEP 2007)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.219-6 Notice of Total Small Business Set-Aside. (JUN 2003)

52.219-8 Utilization of Small Business Concerns. (MAY 2004)

52.219-14 Limitations on Subcontracting. (DEC 1996)

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. (JUN 2010)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

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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)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 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)

52.225-13 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)

52.228-11 Pledges of Assets. (SEP 2009)

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. (OCT 2010)

52.229-3 Federal, State, and Local Taxes. (APR 2003)

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

AG-046W-S-11-0004 Page 23 of 68

52.232-17 Interest. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

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)

52.236-15 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)

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes. (JUN 2007)

52.246-21 Warranty of Construction. (MAR 1994)

52.248-3 Value Engineering - Construction. (OCT 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) - Alternate I

AG-046W-S-11-0004 Page 24 of 68

(SEP 1996)

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

52.253-1 Computer Generated Forms. (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-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)

452.236-77 Emergency Response. (NOV 1996)

AG-046W-S-11-0004 Page 25 of 68

FULL TEXT CLAUSES

52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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 incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether

AG-046W-S-11-0004 Page 26 of 68 or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph

(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

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

(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:

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

AG-046W-S-11-0004 Page 27 of 68 shall include adequate information for Government evaluation of the request, including -

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

(d) of this clause.

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

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

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

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

(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 _______ _______ _______

AG-046W-S-11-0004 Page 28 of 68

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).

52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be at least 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.244-6 Subcontracts for Commercial Items. (OCT 2010)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its

AG-046W-S-11-0004 Page 29 of 68 subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

AG-046W-S-11-0004 Page 30 of 68

ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications), i.e., Sections A, B, D, E, F, G, and H.

(2) Representations and other instructions, i.e., Sections K, L, and M.

(3) Contract clauses, i.e., Section I.

(4) Other documents, exhibits, and attachments, i.e., Section J.

(5) Special Project Specifications.

(6) Standard Specifications, i.e., Section C (including FAR clauses).

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop drawings.

PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

PAYMENTS FOR INCIDENTAL ITEMS

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment for items shown.

AG-046W-S-11-0004 Page 31 of 68

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract. Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

WAGE DETERMINATION DECISION

The general wage determination applicable to this contract is attached in Section J.

Where rates for "Timber Sale Roads" appear in the Wage…