AG-0489-S-10-0339 sol package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0339

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.

378506

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 Oregon Water System Reconstruction

Umatilla National Forest, Umatilla and Grant Counties, Oregon

Technical Contact: Joe Neer @ (541) 278-3749

The estimated amount of this project is between $100,000 and $250,000.

11. The Contractor shall begin performance within10 calendar days and complete it within 30 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

OREGON WATER SYSTEM RECONSTRUCTION

UMATILLA 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-10-0339 PAGE 4 of 74

Oregon Water System Rehabilitation

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

ITEM NO. DESCRIPTION QUANTITY M OF M UNIT PRICE TOTAL

SCHEDULE OF ITEMS

Oregon Water Systems Upgrade

BASE ITEMS

F-00301

F-22130-A

FREMONT

Mobilization/Demobilization

Schedule A – Tank Replacement

LS

Subtotal Fremont

U-00301

U-13341-A

UMATILLA FORKS

Schedule A – Utility Building

Subtotal Umatilla Forks

W-00301

W-13341-A

WOODWARD

Schedule A – Utility Building

Subtotal Woodward

D-00301

D-13341-A

DITCH CREEK

Schedule A – Utility Building and System

Subtotal Ditch Creek

Solicitation: AG-0489-S-10-0339 PAGE 5 of 74

BASE ITEMS (Cont’d)

F-00301

F-22130-A

BULL PRAIRIE

Schedule A – Tank Replacement

Subtotal Bull Prairie

1770 Project Closeout 1 LS $______________

TOTAL BASE BID $______________

OPTION ITEMS

FREMONT

F-22110-B Schedule B- Line Replacement 1 LS $___________ $______________

F-22110-C Schedule C- Line Replacement 1 LS $___________ $______________

F-31225-D Schedule D- Road 1000-700 In-Sloping 1 LS $___________ $______________

F-22110-E Schedule E- Line Replacement 1 LS $___________ $______________

F-22110-F Schedule F-Line Replacement 1 LS $___________ $______________

F-22110-G Schedule G-Line Replacement 1 LS $___________ $______________

F-22110-H Schedule H- Line Replacement 1 LS $___________ $______________

F-26050-I Schedule I- Pumphouse Modification 1 LS $___________ $______________

Subtotal Fremont Option Items $_____________

UMATILLA FORKS

U-32210-B Schedule B- Vehicle Turnout 1 LS $___________ $______________

Subtotal Umatilla Forks Option Item $______________

Solicitation: AG-0489-S-10-0339 PAGE 6 of 74

OPTION ITEMS (Cont’d)

WOODWARD

W-22110-B Schedule B- Pull Box Installation 1 LS $___________ $______________

W-22110-C Schedule C- Line Replacement 1 LS $___________ $______________

W-22110-D Schedule D- Line Replacement 1 LS $___________ $______________

Subtotal Woodward Option Items $______________

BULL PRAIRIE

B-01732-B Schedule B- Pumphouse Modification 1 LS $___________ $______________

B-22120-C Schedule C- Pump Replacement 1 LS $___________ $______________

Subtotal Bull Prairie Option Items

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 Mobilization.

Vendor Name

Phone

Signature:

FAX

Address:

Email

City, State, Zip TIN#

DUNS#

Solicitation: AG-0489-S-10-0339 PAGE 7 of 74

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

Work for this project includes upgrades to small water systems at five locations throughout the

Umatilla National Forest. These systems were built as long as 40 years ago and now have pressure, and sanitary deficiencies. Supply, storage, and distribution systems shall be modified or replaced entirely as needed to address these issues.

This work involves, but is not limited to the following:

1. Installation of three utility buildings which will house a triple pressure tank system, a single pressure tank system, a gravity fed system, and all necessary fittings and appurtenances.

2. Replacement of two 10,000 gallon, steel water storage tanks with new fiberglass plastic reinforced tanks, and all necessary fittings and appurtenances.

3. Replacement/Installation of approximately 6360‘ of water line, and all necessary fittings and appurtenances.

4. Installation of approximately 850‘ of power line.

5. Installation of approximately 1535‘ of control line.

6. Installation of approximately 300‘ of telephone line.

7. Installation of 14 hydrant assemblies.

C-2 PROJECT LOCATION

The five project sites are located as follows:

1. Fremont Work Center- North Fork John Day Ranger District of the Umatilla National Forest, Grant County, Oregon State, in Section 14, T. 9 S., R. 34 E. The Fremont Work Center is located approximately 56 miles SE of Ukiah, OR. The project may be accessed by traveling south from Ukiah on the Ukiah Granite Road (Forest Road 52) for approximately 40 miles.

Continue toward Granite on Forest Road 73 for approximately 9 miles to the junction with Grant County Road 24. Turn right onto Grant CO Road 24 and continue for approximately 3.4

mi. to the junction of Forest Road 10. Travel approximately 1 mile on Forest Road 10 to reach the Fremont Work Center, or continue on Forest Road 10 for approximately 0.25 mile and take the first access road on the right to reach the water tank.

2. Umatilla Forks Campground- Walla Walla Ranger District of the Umatilla National Forest, Union County, Oregon State, in Section 22, T. 3 N., R. 37 E. Umatilla Forks Campground is located approximately 38 miles E. of Pendleton, OR. The project may be accessed by traveling east from Pendleton on I-84 for 6 miles. Take exit 216, turn left (north), go 2 miles to Mission, turn right at four-way stop, go 1.5 miles, turn left onto Cayuse Rd. at the Bar M sign. Continue to follow Bar M Ranch signs. At the Bar M Ranch, continue ahead approximately 5 miles to Umatilla Forks Campground. Turn right on Forest Road 3200-035 into the campground and then left to locate the fiberglass well box.

Solicitation: AG-0489-S-10-0339 PAGE 8 of 74

3. Woodward Campground- Walla Walla Ranger District of the Umatilla National Forest, Umatilla County, Oregon State, in Section 32, T. 4 N., R. 38 E. Woodward Campground is located approximately 42 miles E. of Pendleton, OR. The project may be accessed from

Pendleton by taking Highway 11 approximately 15 miles to the junction with Highway 204 north of Athena, OR. Head east for approximately 20 miles on Hwy 204; Woodward Campground is to the right on Forest Road 3700-020 off Hwy 204 at MP 20.

4. Ditch Creek Cabin- Heppner Ranger District of the Umatilla National Forest, Morrow County, Oregon, in Section 21, T. 5 S., R. 28 E. Ditch Creek Cabin is located approximately

77 miles south east of Pendleton, OR. From Pendleton, travel 50 miles south on Hwy 395 to the junction of Hwy 244 and Forest Road 53. Turn right onto Forest Road 53, travel approximately 23 miles, and turn left onto Forest Road 21. Follow Forest Road 21 for approximately 3.5 miles and turn right onto Forest Road 2100-050. After 0.1 mile take a right onto Forest Road 2100-051 and another immediate right to find Ditch Creek Cabin.

5. Bull Prairie Campground- Heppner Ranger District of the Umatilla National Forest, Grant

County, Oregon, in Section 7, T. 7 S., R. 25 E. Bull Prairie Campground is located approximately 41.5 miles South of Heppner, Oregon. The project may be accessed from Pendleton, OR. Take I-84 26 miles west to Butter Creek Junction (I-84 exit 182). Exit onto

Hwy 207 and follow it to Heppner, OR, approximately 50 miles. Follow Hwy 207 (also Hwy

206) approximately 10 miles. Stay left on Hwy 207 (to Spray) and proceed south for approximately 28 miles. Turn left onto Forest Road 2039 and proceed 2.3 miles to Bull Prairie

Campground. After approximately 0.3 mile, turn left onto Forest Road 2039-360 to the junction of Forest Road 2039-350. Travel 300 feet on Forest Road 2039-350 to locate the water storage tank across the clearing to the left.

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-10-0339 PAGE 9 of 74

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

Solicitation: AG-0489-S-10-0339 PAGE 10 of 74

SECTION E--INSPECTION AND ACCEPTANCE

E-1 SECTION E--INSPECTION AND ACCEPTANCE

A. Definition. ―Work‖ includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

B. Unless working tolerances are specified, all work performed and materials furnished shall be in reasonable close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground.

―Reasonable close conformity‖ is in compliance with reasonable and customary manufacturing and construction tolerances.

C. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction on the Contracting officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

D. Government inspections and tes ts are for the sole benefit of the Government and do none of the following:

a. Relieve the Contractor of responsibility for providing adequate quality control measures;

b. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

c. Constitute or imply acceptance; or

d. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (I) below.

E. The presences or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the

Specifications without the Contracting Officer‘s written authorization.

F. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace the work and charge the cost to the Contractor or (2) terminate for default the Contractor‘s right to proceed.

H. If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to

Solicitation: AG-0489-S-10-0339 PAGE 11 of 74 meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government‘s rights under any warranty or guarantee.

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

This contract incorporates one or more c lauses 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-3 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-10-0339 PAGE 12 of 74

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 _30__ 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 430 calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on 08/01/2010.

Solicitation: AG-0489-S-10-0339 PAGE 13 of 74

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.

G-5 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the

"Government Property" FAR clause contained elsewhere in the contract.

Solicitation: AG-0489-S-10-0339 PAGE 14 of 74

Item No. Property

Description

Property Value Qty Location Date Available

D-13341-A Generator, Parts and

Service Manuals, and

Appurtenances

$4,000 1 Umatilla National

Forest Compound

8/1/2010

U-13341-A Solar Array, Solar

Pump, Mounting

Equipment, and

Cable

$1,600 1 Umatilla National

Forest Compound

8/1/2010

Solicitation: AG-0489-S-10-0339 PAGE 15 of 74

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The

Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the

Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H-2 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.

Solicitation: AG-0489-S-10-0339 PAGE 16 of 74

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.

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-3 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-4 SUBMITTALS

Solicitation: AG-0489-S-10-0339 PAGE 17 of 74

The following shall be submitted on this project:

Submittals Table

01330-1

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Quality Control P lan 01410 30 days

Sediment & Erosion Control Plan 02370 30 days

Limited Applications of Cast-in-Place

Concrete- Product Data

03301 30 days

Limited Applications of Cast-in-Place

Concrete- Design Mix

03301 30 days

Rough Carpentry- Product Data 06100 30 days

Joint Sealants- Product Data 07920 30 days

Painting- Color Selection Sheets 09910 30 days

Painting- Product Data 09910 30 days

Prefabricated or Stick Framed Utility

Buildings- Manufacturer‘s Literature

13340 30 days

Utility Boxes- Product Data 13342 30 days Equipment Labeling for Water

Distribution Systems- Product Data 22114 30 days

Water Distribution Systems- Product Data 22110 30 days

Water Distribution Systems- Water Disposal Plan

22110 30 days

Water Distribution Systems- Operations and Maintenance Data

22110 30 days

Plumbing Appurtenances- Product Data 22113 30 days

Plumbing Appurtenances- Operations and Maintenance Data

22113 30 days

Water Hydrants- Manufacturer‘s Literature

22115 30 days

Water Hydrants- Maintenance Data 22115 30 days

Well Pumps- Product Data 22120 30 days

Well Pumps- Maintenance Data 22120 30 days

Water Storage Tanks- Product Data 22130 30 days

Water Storage Tanks- Operations and Maintenance Data

22130 30 days

Basic Electrical Methods and Materials- Product Data

26050 30 days

Solicitation: AG-0489-S-10-0339 PAGE 18 of 74

H-5 SHOP DRAWINGS

The following shop and as-built drawings shall be submitted on this project:

Submittals Table

01330-2

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Quality Control As-Built Drawings 01410 10 days

Utility Boxes- Shop Drawings 13342 10 days

Well Pumps- Shop Drawings 22120 10 days

Water Storage Tank- Shop Drawings 22130 10 days

H-6 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No.

Quality Control Test and Inspection Reports 01410

Limited Applications of Cast-in-Place Concrete- Quality Control Test Reports

03301

Utility Boxes- Product Certificates 13342

Water Hydrants- Washed Rock Certification 22115

Water Storage Tank- Product Certificate 22130

Reports shall be submitted for the following Quality Control Tests and inspections:

Section Certification or Test Required

Frequency

03300 Mixing and Delivery Each Truck

03300 Concrete – three cylinders, slump, air, temperature

1 composite per truck load delivered

22110 HDPE Pipe - Bent Strap Test Once Daily

22110 Hydrostatic Testing of Water

System

See Spec.

22110 Pressure and Leakage Test – Water Line

See Spec.

22120 Bacteriological Examination After disinfection, before use

22120 Pipe Inspections and Tests See Spec.

22112 Mechanical and Electrical Testing (Pump System)

See Spec.

22120 Leak Test Until Passing

22120 Air Test See Spec.

22120 Pressure Test Until Passing

22130 System Test See Spec.

22130 Leak Test Prior to Backfill

22130 Residual Head Test Until Passing

22130 Leakage Test Until Passing

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Section Certification or Test Required

Frequency

22130 Pump Test Until Passing

22130 System Test See Spec.

26050 Electrical Testing See Spec.

26050 Storage Tank Water Level Controls See Spec.

31200 Tracer Wire Conductivity Test Until Passing

22120 Pitless Adapter Field Test Until Passing

22120 Plumbness and Alignment Test See Spec.

22120 Performance Tests (Multiple) See Spec.

22120 Water Analysis Test See Spec.

31200 Compaction Tests One test for every 12 inches of lift placed

H-7 MOISTURE SENSITIVE SOILS

Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-8 LANDSCAPE PRESERVATION

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-9 CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

Solicitation: AG-0489-S-10-0339 PAGE 20 of 74

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

H-10 TRAFFIC CONTROL

The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new w ork crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on

Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

The Contractor shall furnish, erect, maintain, and remove when notified any project identif ication signs shown on the drawings

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

H-11 SAFETY

Contractor shall provide a safety plan that will

Identify inherently hazardous conditions that could lead to serious injury or loss of life.

Identify and describe inherently hazardous conditions.

Recognize hazards when contracting for inherently hazardous working conditions.

Possible safety hazards for this work include, but are not limited to, the following:

A. Travel/Work Zone Hazards

1. Narrow roads/Parking areas

a. Construction traffic

b. Recreational traffic

c. Pedestrians

d. Bicycles

e. Dust

f. Surface irregularities

B. Work Environment

1. Weather (heat/cold)

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2. Stinging/biting insects and/or snakes

3. Ticks

4. Uneven ground

5. Flowing water

6. Personal protective equipment

7. Fall protection

8. Confined Spaces

9. Trench shoring precaution

C. Equipment Operations

1. Backing

2. Clearance around machinery

3. High pressures

4. Refueling

5. Unsafe/deficient safety equipment

6. Operator fatigue

7. Overhead/buried hazards

8. Noise

9. Overloads

10. Electrical Exposure

D. Communications

1. On-site, between workers

2. On-site to off-site

A written, job specific safety plan shall be submitted by the contractor at the pre-work meeting.

H-12 ADDITIONAL REQUIREMENTS OR RESTRICTIONS

The access road leading from Forest Service Road 10 to the water storage tank is primitive and in excess of a 20% grade. Some clearing may be required, and the Contractor will need to walk the new tank for approx.

.2 miles up this road to the tank site.

Work for this project, though it is taking place adjacent to existing facilities, will extend into forested areas in places. Specifically, the trenching at Woodward Campground will be crossing multiple streams, slopes, treed and marshy areas.

In depth geological surveys have not been completed for any of the sites, and rock could be encountered while setting the underground water storage tanks at Fremont and Bull Prairie. Both tanks shall be completely buried to the manufacturer‘s specifications and this may require rock excavation.

The five project sites will be open for public use throughout the project. It is imperative that the construction sites be isolated for safety, and that utility outages be according to the Project Specifications for minimal impact.

Existing utilities will be available for the Contractor‘s use and are outlined by site in the Summary of Work.

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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 Federa l 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-10-0339 PAGE 23 of 74

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)

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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 c lause 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

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(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Interna l 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

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(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).