Solicitation Final SF 18 Updated.pdf

SOL NO. AG-0489-S-10-0078

Unit: G-P NF

PROJ NAME: Coldwater Concrete Sidewalk Rockwall & Building Repair

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

(COLDWATER CONCRETE SIDEWALK, ROCK WALL AND

BUILDING EXTERIOR REPAIR)

Mount St Helens National Volcanic Monument

Gifford Pinchot National Forest

Cowlitz County

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

03920

Mobilization

Lump Sum

04903

Repair of Rock Walls

Lump Sum 1

Repair of Sidewalks and concrete curbs

Replace Sidewalk Joint Sealant

04903

Pressure wash sidewalks, rock walls and building exterior

Concrete sidewalk, Exterior building concrete and rock wall sealant application

Total $___________

The Government Estimates the following quantities

1) Repair of Rock Walls – 6 sections that need repair.

2) Sidewalk Repair – 7 areas that are damaged in sidewalk surface and curbs. Cracks are less the 6 feet long, 2 inches wide.

3) Rock walls – 6,000 ft

4) Concrete Exterior of Building – 13,500 ft

5) Sidewalk/Curbs – 54, 000 ft

6) Sidewalk Joint work – 1,600 LF

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.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

Work items would include removal of existing joint sealant in sidewalks, and replacing with approved silicone sealant. Remove all grass and small shrubs from sidewalks, edges of rock walls, and base of concrete walls. Repair rock work as needed with mortar, and repair parking lot curbs with concrete.

Pressure wash all concrete sidewalks, concrete curbs, rock walls and other rock features, and all exterior concrete walls at visitor center. Finally, all concrete and rock surfaces that were washed would have approved sealant applied according to contract specification.

C.2 Project Location

From Castle Rock WA, proceed Easterly along Highway 504 to Coldwater Visitor Center.

C.3 Price Range

This project is estimated to be between $50,000 and $100,000

C.4 Furnishing materials and Equipment

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

USDA FOREST SERVICE, R-6

Coldwater concrete sidewalk, exterior walls and rock wall repair

SECTION 011900 - MOBILIZATION

PART 1 - GENERAL

1.1 SUMMARY

A. This item is intended to compensate the Contractor for operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for payment of premiums for bonds and insurance for the project; and for any other work and operations which must be performed or costs that must be incurred incident to the initiation of meaningful work at the site and for which payment is not otherwise provided for under the contract.

B. The measurement shall be lump sum for mobilization.

C. Payment:

1. Bond premiums will be reimbursed after receipt of the evidence of payment.

2. 50% of the lump sum, not to exceed 5% of the original contract amount, will be paid following completion of 5% of the original contract amount not including mobilization and bond premiums.

3. Payment of the remaining portion of the lump sum, up to 10% of the original contract amount, will be paid following completion of 10% of the original contract amount not including mobilization and bond premiums.

4. Any portion of the lump sum in excess of 10% of the original contract amount will be paid after final acceptance.

5. Progress payments for mobilization and preparatory work shall be subject to retainage.

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION 011900

July 2005

SECTION 013300 - SUBMITTAL PROCEDURES

PART 4 - GENERAL

4.1 SUMMARY

A. This Section includes administrative and procedural requirements for submitting Product Data, Samples, and other miscellaneous submittals.

4.2 SUBMITTAL PROCEDURES

A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination.

a. The Contracting Officer (CO) reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

4.3 MEASUREMENT AND PAYMENT

A. No separate measurement and/or payment will be made for this section. Payment shall be included with work shown in the schedule of items.

PART 5 - EXECUTION

5.1 GENERAL

A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions.

B. Substitutions – Whenever materials, products, and equipment are listed by name or brand in the specifications and/or on the drawings, it is used as a measure of quality, utility, or standard. If the Contractor prefers to use any other brand or manufacturer of same quality, appearance and utility to that specified, he shall request substitution as provided below, not less than 30 days before the planned installation of the item. The Contracting Officer will approve or disapprove the request for substitution.

C. Requests for substitutions will only be considered if contractor submits the following:

1. Complete technical data including drawings, complete performance specifications, test data, samples and performance tests of the article proposed for substitution. Submit additional information if required by Contracting Officer. All items in the above information shall be circled, tagged, or marked in some way to indicate all deviations or differences which the proposed item differs from the originally specified item.

2. Similar data as above for item originally specified. All items shall be marked to identify where/how the proposed substitution will differ.

3. A statement by the Contractor that the proposed substitution is in full compliance with the contract documents, applicable codes, and laws.

4. The Contractor shall be responsible for any effect upon related work in the project for any substitution and shall pay any additional costs generated by any substitutions.

END OF SECTION 01330

May 2005

USDA FOREST SERVICE, R-4

SECTION 04903 - MASONRY RESTORATION AND CLEANING

PART 6 - GENERAL

6.1 SUMMARY

A. This Section includes the following:

1. Repairing stonework, including replacing damaged units.

2. Cleaning exposed masonry surfaces.

6.2 DEFINITIONS

A. Low-Pressure Spray: 100 to 400 psi (690 to 2750 kPa); 4 to 6 gpm (0.25 to 0.4 L/s).

6.3 SUBMITTALS

A. Product Data: For each type of product indicated. Include recommendations for application and use.

6.4 MEASUREMENT AND PAYMENT

A. There will be no separate measurement or payment for work in this section. Payment will be included at the contract unit price as shown on the Schedule of Items for the building.

PART 7 - PRODUCTS

7.1 MASONRY MATERIALS

A. Masonry: Provide rock variety size, and shape to match existing.

7.2 MORTAR MATERIALS

A. ESSROC Stone-Hold Cement for Stone Work, or equivalent.

B. Water: Potable.

7.3 CLEANING MATERIALS

A. Water for Cleaning: Potable.

7.4 MIXES

A. Mortar Mixes: Follow manufactures recommendations.

PART 8 - EXECUTION

8.1 PROTECTION

A. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm resulting from stone restoration work.

8.2 MASONRY REMOVAL, REPLACEMENT, AND REPAIR

A. Masonry Removal: Carefully remove masonry units that have deteriorated, shifted, or is damaged beyond repair.

B. Remove in an undamaged condition as many whole masonry units as possible.

1. Remove mortar, loose particles, and soil from stone by cleaning with hand chisels, brushes, and low pressure washer.

C. Clean masonry by pressure washing area to remove dust, and loose particles.

8.3 CLEANING

A. Use only those cleaning methods indicated for each material and location.

1. Use spray equipment that provides controlled application at volume and pressure indicated, measured at spray tip.

2. For water spray application, use fan-shaped spray tip that disperses water at an angle of

25 to 50 degrees.

B. Removing Plant Growth: Completely remove plant, moss, and shrub growth from stone surfaces. Remove loose soil and debris from open joints to whatever depth they occur.

1. Wet masonry with cold water applied by low-pressure spray.

2. Apply mold, mildew, and algae remover by brush or low-pressure spray.

3. Scrub masonry with medium-soft brushes until mold, mildew, and algae are thoroughly dislodged and can be removed by rinsing.

4. Rinse with cold water applied by low-pressure spray.

END OF SECTION 04903

March 2005

USDA FOREST SERVICE, R-4

SECTION 04903 - MASONRY RESTORATION AND CLEANING

PART 9 - GENERAL

9.1 SUMMARY

A. This Section includes the following:

1. Repairing stonework, including replacing damaged units.

2. Cleaning exposed masonry surfaces.

9.2 DEFINITIONS

A. Low-Pressure Spray: 100 to 400 psi (690 to 2750 kPa); 4 to 6 gpm (0.25 to 0.4 L/s).

9.3 SUBMITTALS

A. Product Data: For each type of product indicated. Include recommendations for application and use.

9.4 MEASUREMENT AND PAYMENT

A. There will be no separate measurement or payment for work in this section. Payment will be included at the contract unit price as shown on the Schedule of Items for the building.

PART 10 - PRODUCTS

10.1 MASONRY MATERIALS

A. Masonry: Provide rock variety size, and shape to match existing.

10.2 MORTAR MATERIALS

A. ESSROC Stone-Hold Cement for Stone Work, or equivalent.

B. Water: Potable.

10.3 CLEANING MATERIALS

A. Water for Cleaning: Potable.

10.4 MIXES

A. Mortar Mixes: Follow manufactures recommendations.

PART 11 - EXECUTION

11.1 PROTECTION

A. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm resulting from stone restoration work.

11.2 MASONRY REMOVAL, REPLACEMENT, AND REPAIR

A. Masonry Removal: Carefully remove masonry units that have deteriorated, shifted, or is damaged beyond repair.

B. Remove in an undamaged condition as many whole masonry units as possible.

1. Remove mortar, loose particles, and soil from stone by cleaning with hand chisels, brushes, and low pressure washer.

C. Clean masonry by pressure washing area to remove dust, and loose particles.

11.3 CLEANING

A. Use only those cleaning methods indicated for each material and location.

1. Use spray equipment that provides controlled application at volume and pressure indicated, measured at spray tip.

2. For water spray application, use fan-shaped spray tip that disperses water at an angle of

25 to 50 degrees.

B. Removing Plant Growth: Completely remove plant, moss, and shrub growth from stone surfaces. Remove loose soil and debris from open joints to whatever depth they occur.

1. Wet masonry with cold water applied by low-pressure spray.

2. Apply mold, mildew, and algae remover by brush or low-pressure spray.

3. Scrub masonry with medium-soft brushes until mold, mildew, and algae are thoroughly dislodged and can be removed by rinsing.

4. Rinse with cold water applied by low-pressure spray.

END OF SECTION 04903

March 2005

USDA Forest Service R-6

SECTION 03920

APPLIED CONCRETE FINISHES – CONCRETE RESURFACING

PART 1 GENERAL

1.1 SUMMARY

A. Provisions established within the General and Supplementary Conditions of the Contract, Division 1 - General Requirements, and the Drawings are collectively applicable to this

Section.

1.2 SECTION INCLUDES

A. Concrete sidewalks, exterior walls and stone wall sealing

Error! Bookmark not defined.Error! Bookmark not defined.

1.4 QUALITY ASSURANCE

A. Obtain materials from same source throughout.

1.5 SUBMITTALS

A. Submit product data under provisions of Section 01300

B. Include data on joint filler, and sealant

1.6 ENVIRONMENTAL REQUIREMENTS

A. Do not place overlayment when rock wall or concrete/base surface ambient temperature is less than 50 o F, or if concrete/base surface is wet or frozen.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Store products above 50 o F, but no greater than 85 o F, unless otherwise recommended by manufacturer.

1.8 SEQUENCING AND SCHEDULING

A. Schedule application of products at proper time intervals after pressure washing rock wall and concrete sidewalk. Allow a minimum of 3 days for surface to dry before application.

Error! Bookmark not defined.

PART 2 PRODUCTS

2.1 MATERIALS

A. Joint Sealant Products:

1. Crafco Roadsaver Silicone or equivalent

B. Sealant

1. ECO-WARES Trojan Masonry Sealer, Aquapel + Plus or equivalent

Error! Bookmark not defined.PART 3 EXECUTION

Error! Bookmark not defined.3.1 EXAMINATION

Error! Bookmark not defined.A. Verify that surface temperature of substrate is between 50º and 90º F.

Error! Bookmark not defined.B. Verify that surfaces are clean, dry, dust free, and free of efflorescence, oil or other matter detrimental to overlay application.

C. Verify that surfaces sound and not scaling, peeling, dusting or raveling.

D. Assure that all random cracking is properly treated.

Error! Bookmark not defined.3.2 PREPARATION

Error! Bookmark not defined.A. Prepare surfaces in accordance with manufacturer's directions. Remove all older applications of sealant before reapplication.

3.3 CLEANING

A. Use spray equipment that provides controlled application at volume and pressure indicated, measured at spray tip.

B. For water spray application, use fan-shaped spray tip that disperses water at an angle of 25 to 50 degrees.

C. Removing Plant Growth: Completely remove plant, moss, and shrub growth from stone surfaces. Remove loose soil and debris from open joints to whatever depth they occur.

D. Use pressure washer with Low-Pressure Spray: 100 to 400 psi (690 to 2750 kPa); 4 to 6 gpm

(0.25 to 0.4 L/s).

Error! Bookmark not defined.3.4 APPLICATION

Error! Bookmark not defined.A. Error! Bookmark not defined.Error! Bookmark not defined.Apply a sealant according to manufactures recommendation.

3.5 PROTECTION AND MAINTENANCE

A. Newly completed surfaces should be protected from water until sealed. Water left on the surface before sealing could result in a white film forming.

END OF SECTION

SECTION 01170 - ACCIDENT PREVENTION

PART 12 - GENERAL

12.1 DESCRIPTION

A. The work of this section consists of establishing an effective accident prevention program and providing a safe environment for all personnel and visitors.

12.2 SUBMITTALS

A. Accident Prevention Program: Before on-site work begins, submit for approval an accident prevention program. The Contracting Officer (CO) will review the proposed program for compliance with OSHA and project requirements. The program shall include:

1. Name of responsible supervisor to carry out the program.

2. First aid procedures.

3. Outline of each phase of the work, the hazards associated with each major phase, and the methods proposed to ensure property protection and safety of the public, government personnel, and the Contractor's employees.

12.3 QUALITY ASSURANCE

A. Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. To as great an extent as possible, do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may expose themselves or others to injury.

12.4 ACCIDENT REPORTING

A. Reportable Accidents: A reportable accident is defined as death, occupational disease, traumatic injury to employees or the public, property damage by accident in excess of $100, and fires. Within 7 days of a reportable accident, fill out and forward to the CO a DI-134 form, which may be obtained from CO.

B. All Other Accidents: The Contractor shall report all other accidents to the CO as soon as possible and assist the CO and other officials as required in the investigation of the accident.

PART 13 - PRODUCTS

13.1 PERSONNEL PROTECTIVE EQUIPMENT: meet requirements of NIOSH and MSHA, where applicable, as well as ANSI.

PART 14 - EXECUTION

14.1 EMERGENCY INSTRUCTIONS: post telephone numbers and reporting instructions for ambulance, physician, hospital, fire department, and police in conspicuous locations at the work site.

14.2 PROTECTIVE EQUIPMENT

A. Inspect personal protective equipment daily and maintain in a serviceable condition. Clean, sanitize, and repair, as appropriate, personal items before issuing them to another individual.

B. Inspect and maintain other protective equipment and devices before use and on a periodic basis to ensure safe operation.

END OF SECTION 01170

February 2005

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/

SECTION F--DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 Days after NTP[The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.] The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 1, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

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

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

ARRA mandatory Terms and Conditions

52.215-2 -- Audit and Records -- Negotiation (Mar 2009) (Alt I)

(a) As used in this clause, ―records‖ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor‘s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the

Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor‘s records, including computations and projections, related to --

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General—

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor‘s or any subcontractor‘s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating --

(1) The effectiveness of the Contractor‘s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs

(a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition --

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the

Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

(End of Clause)

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

“Contract,‖ as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by

31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United

States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and

Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ‗‗full-time equivalent‘‘ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor‘s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)

(FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov .

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government‘s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor‘s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor‘s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor‘s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor‘s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section

6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor‘s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

http://www.federalreporting.gov/

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor‘s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor‘s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor‘s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of clause)

CONSTRUCTION CLAUSES

52.225-21 -- Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (Mar 2009)

(a) Definitions. As used in this clause—

“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.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a-10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

None----------------------------------------------------------------------

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

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

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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) Cost;

(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)(4) of this clause.

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

(d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section 1605 of the Recovery Act or 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or 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 Cost Comparison

Construction material description Unit of measure Quantity Cost (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.]

(End of clause)

52.225-22 -- Notice of Required Use of American Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials (Mar

2009)

(a) Definitions. ―Construction material,‖ ―domestic construction material,‖ ―foreign construction material,‖ ―manufactured construction material,‖ ―steel,‖ and ―unmanufactured construction material,‖ as used in this provision, are defined in the clause of this solicitation entitled ―Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials‖ (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs

(c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the

Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-9 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 (MAY 2008)

(Applicable if contract exceeds $30,000)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

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 (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000)

52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-50 Combating Trafficking in Persons (SEP 2007)

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) (Applicable if contract is awarded to an individual)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

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

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000)

52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000)

52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000)

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

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)

Alternate I (NOV 1991)

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

52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (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)

(Applicable if contract is over $30,000)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

452.204-71 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor‘s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA…