AG-0489-S-10-0338 sol package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0338

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

3/19/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

372619

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

US Forest Service EROC Northwest 16400 Champion Way Sandy, OR 97055

9. FOR INFORMATION

CALL:

A. NAME

Shirley Cochran

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

503 668-1445

SOLICITATION

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

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

This Request for Proposal is issued under the provisions of the American Recovery and Reinvestment Act of

2009 (ARRA)

TAS::12 1102::TAS RECOVERY Starr Snow Park and Magone Campground Paving

Malheur National Forest, Grant County, Oregon

Technical Contact: Darren Lemon @ (541) 575-3018

The estimated amount of this project is between $250,000 and $500,000.

11. The Contractor shall begin performance within10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 4/20/2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork at the prices specif ied below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government w ithin calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

US Forest Service; EROC Northwest 16400 Champion Way

Sandy, OR 97055

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perf orm all work, requisitions identified on this form and any continuation sheets f or the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specif ications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Robert Williams

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

TABLE OF CONTENTS

STARR SNOW PARK AND MAGONE CAMPGROUND PAVING

MALHEUR NATIONAL FOREST

PART I – CONTRACT SPECIFICATIONS

SECTION A – SF-1442

SECTION B – Supplies or Services and Prices/Costs (Schedule of Items)

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packaging, Marking and Layout

SECTION E – Inspection and Acceptance

SECTION F – Deliveries and Performance

SECTION G – Contract Administrative Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Clauses Incorporated by Reference

AGAR/FSAR and SPECIAL CONTRACT CLAUSES

ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications and Other Statements of Offerors or

Respondents

SECTION L – Instructions to Offeror/Notices

SECTION M – Evaluation Factors for Award

Solicitation: AG-0489-S-10-0338 PAGE 4 of 75

Starr Snow Park and Magone Campground Paving

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Starr Snow Park & Access Paving

Magone Lake Campground & Access Paving Blue Mountain Ranger District

Malheur National Forest

Grant County

B-1 SCHEDULE OF ITEMS - STARR SNOW PARK AND ACCESS PAVING

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

PRICE

TOTAL

15101

Mobilization

Lump Sum

ALL

15401

Contractor testing

30301

Road reconditioning

Square Yard

6,722

30307 Road reconditioning – Cattleguard Modification Each 1 $_______ $_______

40101

Minor Hot Asphalt Concrete ODOT level 1, ½‖ Dense

(Compacted).

Ton

1,378

41101

Prime coat, grade __MC-70___

5.6

41201

Tack coat grade _CSS1__

1.2

63501 Temporary traffic control

Total Starr Snow Park

Lump Sum 1 $_______ $_______

B-1 SCHEDULE OF ITEMS – MAGONE CAMPGROUND AND ACCESS PAVING

Solicitation: AG-0489-S-10-0338 PAGE 5 of 75

15101a

All

15401a

30307

Road reconditioning – Cattleguard Modification

Each

40901a

Surface treatment designation 2B ½‖ aggregate

360.5

40901b Surface treatment designation 2B No. 4 aggregate Ton 175.1 $_______ $_______

40904

Emulsified asphalt grade CRS-2

70.4

63501

Temporary traffic control

Total Magone Campground

OPTIONAL ITEMS

Depending on funding levels the Government will award the base contract which will include an asphalt surface treatment as the final product or an hot mix asphalt pavement (HMAC) as the final product, but not both. If the HMAC is to be awarded as an optional item, bid item numbers, 15101a, 15401a, 40901a, 40901b, & 40904 will be not awarded.

B-1 SCHEDULE OF OPTIONAL ITEMS – MAGONE CAMPGROUND AND ACCESS PAVING

15101a

15401b

40101

Minor Hot Asphalt Concrete ODOT level 1, ½‖ Dense

(Compacted).

1,680

41201

Tack coat grade _CSS1__

Sub-Total Magone Campground Option

Total with items 30307 & 63501

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.

Solicitation: AG-0489-S-10-0338 PAGE 6 of 75

Vendor Name

Phone

Signature:

FAX

Address:

Email

City, State, Zip TIN#

DUNS#

Solicitation: AG-0489-S-10-0338 PAGE 7 of 75

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

The Contractor shall be responsible for providing all labor, tools, material and equipment necessary to perform all work in strict accordance with the specifications and drawings. Payment for the 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 as incidental to and included in the payment for the items shown.

STARR SNOW PARK & ACCESS PAVING

The contract work for this project includes application of a tack coat and a 1.5‖ thick Hot Mix Asphalt

Concrete (HMAC) overlay on 0.20 mile long segment of road 4920333, and the reconditioning of a snow park parking lot area and approach roads - followed by placement of a prime coat and a 3.0‖ thick HMAC mat.

Road 4920333 is a double lane road with an existing asphalt surface averaging 28 feet wide . The road surface will be power broomed by the Contractor prior to placing the tack coat. The estimated application rates for tack coat are 0.08 gallons/square yard of CSS-1 emulsified asphalt. The Contractor will furnish HMAC designated as the ODOT Level 1, ½‖ Dense, and a ll equipment necessary to apply and compact the

HMAC. The HMAC will be hauled by the contractor in vehicles that do not exceed Oregon Department of

Transportation legal load limits. The required work also includes removing, cleaning, and raising the foundation of one cattleguard (with a crushed aggregate base) to an elevation that matches the road surface elevation with the HMAC overlay in place.

The parking lot approaches and the parking lot itself currently have a BST surface which is breaking up.

The contractor will recondition the road and parking lot surfaces - by scarifying to a 6‖ depth, pulverizing the BST surfacing, mixing and processing the asphalt and existing base aggregate materials, and then reshaping and compacting the processed materials prior to paving. The contractor will then apply a prime coat, using an estimated application rate of 0.2 gallons/square yard of MC-70 cutback asphalt, followed by placement of 3.0 inch layer of HMAC.

The contractor shall provide sampling and testing according to the Specifications from a third party. The contract work areas can be closed to public use while the reconditioning and paving activities are taking place, and the contractor will provide all signs and barricades needed to control traffic.

MAGONE CAMPGROUND PAVING

The work items for this project include application of a tackcoat and a double layer asphalt surface treatment to a portion of Forest Road 3618, as well as the existing paved internal roads, pullouts, and parking areas within the Magone Lake Campground area. The surface areas to be treated total approximately 20,600 square yards, and all of them currently have a bituminous surface. The designated areas will be power broomed by the contractor, before application of the asphalt surface treatment, designation 2B. The estimated application rates for the first layer are 35 lbs of aggregate and 0.36 gallons of CRS-2 emulsified asphalt per square yard. The estimated application rates for the second layer are 17 lbs of aggregate and 0.46 gallons of CRS-2 emulsified asphalt per square yard. The required work also includes removing, cleaning, and raising the foundation of one cattleguard at the end of the project -

Solicitation: AG-0489-S-10-0338 PAGE 8 of 75 to an elevation that matches the road surface elevation with the finished asphalt surface treaments in place.

OPTIONAL BID ITEMS for this project include HMAC paving over the same areas on road 3618 and within the campground (an estimated 20,600 square yards), with a tack coat and a 1.5” thich HMAC overlay instead of the asphalt surface treatments. The areas will be power broomed by the Contractor prior to placing the tack coat. The estimated application rates for tack coat are 0.08 gallons/square yard of CSS-1 emulsified asphalt per square yard. The Contractor will furnish HMAC designated as the

ODOT Level 1, ½” Dense, and all equipment necessary to apply and compact the HMAC. The HMAC will be hauled by the contractor in vehicles that do not exceed Oregon Department of Transportation legal load limits. The required work also includes removing, cleaning, and raising the foundation of one cattleguard located at the end of the project - to an elevation that matches the road surface elevation with the HMAC overlay in place.

The contractor shall provide sampling and testing according to the Specifications from a third party. The contract work areas can be closed to public use while the ashpalt surface treatments or HMAC paving are taking place, with the contractor providing all signs and barricades needed to control traffic.

C-2 PROJECT LOCATION

STARR SNOWPARK AND ACCESS PAVING

This project is located on the Blue Mountain Ranger District of the Malheur National Forest, about 16 miles south of John Day, Oregon. It can be accessed by turning south from John Day onto US 395, continuing south to the junction with Forest Service Road 4920333 located just past milepost 16 on the west side of US 395. The junction between road 4920333 and US 395 is the beginning of the project.

MAGONE CAMPGROUND PAVING

This project is located on the Blue Mountain Ranger District of the Malheur National Forest, about 22 road miles northeast of John Day, Oregon. It can be accessed by travelling east from John Day on US 26 for approximately nine miles, turning north onto County Road 18 and travel north-northwest for about 11 miles to the junction with Forest Service Road 3620, turn onto 3620 and travel southwest for approximately one mile to the junction with Forest Service Road 3618, and travel north west for approximately one half mile to the project area.

C-3 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.

C-4 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.

Solicitation: AG-0489-S-10-0338 PAGE 9 of 75

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

Solicitation: AG-0489-S-10-0338 PAGE 10 of 75

SECTION E--INSPECTION AND ACCEPTANCE

E-1 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

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all

Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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

Solicitation: AG-0489-S-10-0338 PAGE 11 of 75

SECTION F--DELIVERIES OR PERFORMANCE

F.1 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/

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to (a) commence work under this contract within __10__ calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than __60___ calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on July 12, 2010

Solicitation: AG-0489-S-10-0338 PAGE 12 of 75

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 POST AWARD CONFERENCE (AGAR 452.215-73) (FEB 1988)

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 the Headquarters of the Wallowa-

Whitman National Forest, Baker City, OR, or at an alternate location designated by the Contracting Officer.

G-2 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.

G-3 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

a. The name, address and telephone number of the subcontractor.

b. The date upon which the subcontract was entered into and its duration.

c. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

d. Documentation of the subcontractor's representative authority. Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

Solicitation: AG-0489-S-10-0338 PAGE 13 of 75

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PRODUCT SUBSTITUTION

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identif ication, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revis ion of contract documents.

Solicitation: AG-0489-S-10-0338 PAGE 14 of 75

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H-2 CONTRACTOR'S REPRESENTATION & RESPONSIBILITY

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H-3 SUBMITTALS

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

See Specifications 10 days

H-4 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No.

See Specifications

H-6 LANDSCAPE PRESERVATION

Solicitation: AG-0489-S-10-0338 PAGE 15 of 75

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the

Contracting Officer.

H-7 SAFETY

Potential hazards include: soft road shoulders and project areas, operator fatigue, public traffic on haul roads, and operation of equipment on roads and within areas with limited pull out and turnaround spaces. The worksite areas will be closed to the public during paving and reconditioning activities, but those areas will still be some congestion related to construction traffic. Any personnel working on these projects will need to maintain situational awareness during all of the work activities.

Plans to reduce safety hazards and potential litigation inc lude announcements in local newspaper, and on the local radio station describing where and when public access closures and project implementation will take place and the contractor will provide warning signs and adequate traffic control at project work sites. Forest Service Personnel will also be notified of scheduled project activities.

H-8 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

Vehicles used for rock and HMAC haul and other project work must not exceed Oregon Department of Transportation legal load limits.

Roads and surface areas to receive road reconditioning, asphalt surface treatments, and HMAC paving will be closed to the public during these activities. .

Solicitation: AG-0489-S-10-0338 PAGE 16 of 75

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 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/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999)

52.219-8 Utilization of Small Business Concerns (MAY 2004) Alternate II (Oct 2001)

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 (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

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

52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) http://www.usda.gov/procurement/policy/agar.html

Solicitation: AG-0489-S-10-0338 PAGE 17 of 75

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(DEC 2007)

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 (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003)

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

52.232-17 Interest (OCT 2008) 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 (JULY 2002)

52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

Solicitation: AG-0489-S-10-0338 PAGE 18 of 75

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I-2 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.

I-3 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for

Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer

(EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

Solicitation: AG-0489-S-10-0338 PAGE 19 of 75

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ―Active‖. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ―DUNS‖ or ―DUNS+4‖ followed by the DUNS or DUNS+4 number that identifies the offeror‘s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

http://fedgov.dnb.com/webform

Solicitation: AG-0489-S-10-0338 PAGE 20 of 75

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting

Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

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

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

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

(g) (1)

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

(A) Change the name in the CCR database;

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

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ―Suspension of Payment‖ paragraph of the electronic funds transfer

(EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor‘s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other

Solicitation: AG-0489-S-10-0338 PAGE 21 of 75 than that Contractor will be considered to be incorrect information within the meaning of the ―Suspension of payment‖ paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757

I-4 FAR 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 200 9

(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.

http://www.ccr.gov/

Solicitation: AG-0489-S-10-0338 PAGE 22 of 75

(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.

https://www.federalreporting.gov/federalreporting/home.do

(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— https://www.federalreporting.gov/federalreporting/home.do

Solicitation: AG-0489-S-10-0338 PAGE 23 of 75

(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.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

Solicitation: AG-0489-S-10-0338 PAGE 24 of 75

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

(vi) Funding agency.

(vii) A description of the products or services (including construct ion) 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.

I-5 52.217-4 Evaluation of Options Exercised at Time of Contract Award.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government‘s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

I-6 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees

(Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

https://www.acquisition.gov/far/current/html/Subpart%2017_2.html#wp1078150

Solicitation: AG-0489-S-10-0338 PAGE 25 of 75

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contrac tor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are…