StHelensLandscaping Solicitation page 3-49.doc

Solicitation AG-0489-S-10-0361

MT ST HELENS LANDSCAPING

Request for Quotes

Solicitation AG-0489-S-10-0361 Project Name: Recovery – Mount St. Helens National Volcanic Monument

Headquarters Landscaping, Clark County, Washington Location: 42218 N.E. Yale Bridge Rd. Amboy, Washington

TABLE OF CONTENTS

PART I – CONTRACT SPECIFICATIONS

SECTION A - SF-18

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

RECOVERY Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXIBITS AND OTHER ATTACHMENTS

SECTION J – Attachments

Attachment J-1: Project Drawings Attachment J-2: Project Specifications

Attachment J-3: Wage Determination 05-0442

Attachment J-4: Region 6 Fire Suppression Requirements

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

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Mount St. Helens National Volcanic Monument

Headquarters Landscaping

Base Contract

Unit Total Price

Ton 11.87

14.81

Delivery is FOB/Destination to Mt. St. Helens National Volcanic Monument Headquarters. Work start date estimated to be August 2, 2010.

* Includes wholesale price of plant, price is averaged. **Includes shipping

Bid Option 1 Maintenance (1 year)

One Year Maintenance

Bid Option 2 Concrete Pad (includes path, accent rock and planting)

Unit Total Price

.79

LS

Bid Option 2

Concrete Pad

Payment for contract work will be made only for and under those pay items included in the Schedule of Items above.

Name of Contractor:

Phone Number:

Print Name and title of person authorized to sign offer:

E-mail:

Signature: ____________________________________________ Date: ___________________

TIN #:

DUNS #:

Check completed: Registered in ORCA and CCR.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the work under this contract which includes, but is not limited to the following major items:

Furnish all labor, equipment, and materials to accomplish the work under this contract which includes, but is not limited to the following major items: 4.5 tons of accent rock, tree protection and topsoil stripping, 427 LF of 3' wide crushed rock paths, 1 wood bench, 108CY of plant bed preparation, 1 tree (5 gallon container), 38 shrubs (5 gallon containers), 337 shrubs (1 gallon containers), 413 groundcovers and plants (1 gallon containers), 102 herbaceous perennials (4" pots), erosion control materials, 474 LF of landscape edging, 1.4 tons of rock for rock garden, and 1 ton of stepping stones.

The two optional items are:

Bid Option #1 – Concrete Pad

Bid Option #2 – Plant Maintenance for 1 Year

The Forest Service will field locate the accent rocks and bench.

C-2 TECHNICAL CONTACT

Technical questions may be directed to Kellie ONeill at 360-891-5216. Site questions may be directed to Bill Uyesugi at (360) 449-7828.

C-3 PROJECT LOCATION

The project location is at Mount St. Helens National Volcanic Monument (MSHNVM) Headquarters, 42218 N.E. Yale Bridge Rd. Amboy, Washington, Clark County.

C-4 PERFORMANCE DATE

1. The Contractor shall be required to (a) prosecute the work diligently in accordance with current Federal, State, Local, and OSHA regulations and (b) perform all work in a professional manner with no damage to the existing facilities.

2. All work is required to be performed so interference with the public and employees is kept to a minimum.

3. Anticipated work timeframes are as follows:

· Preliminary work such as planning, submittals, and materials ordering shall begin within ten (10) calendar days after receipt of Notice to Proceed.

· All work, including submission of final as-builts to the Government, shall be completed by November 1, 2010 for the base contract.

C-5 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The contractor shall furnish all necessary personnel, material, equipment, services and facilities to perform the Statement of Work/Specifications referenced in Section J.

C-6 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.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

A. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect the items to be provided under this contract.

B. Inspection and acceptance will be performed at the point of delivery.

C. Nonconformance with specifications will result in nonpayment.

E-2 FINAL ACCEPTANCE

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.

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/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 or about August 2, 2010.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 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.

Not applicable

G-2 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

There will be a meeting scheduled prior to issuance of the Notice to Proceed. The Contractor shall meet with the Contracting Officer and/or Contracting Officer’s Representative to discuss contract terms and work performance requirements, Schedule of Work, Specifications and Drawings. Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the conference. The time and place of such conference will be decided in a future date. The Contractor shall submit a work plan that details how the work will be completed in order to minimize interference with public access and use of the facility. Items to be reviewed at the conference will include, but are not limited to:

1) Review in detail the Schedule of Work submitted by the Contractor.

2) Review in detail the Specifications and Drawings. All conflicts, incompatibility, and inadequacies shall be discussed at the conference.

3) Review in detail the job conditions, schedule, construction sequence, application requirements, and the quality of the completed installations.

4) Review in detail the means of protecting the completed work during the remainder of the construction period.

5) Any other concerns.

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-4 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Except as contained herein, or AS SHOWN ON THE DRAWINGS, the government makes no representations as to conditions at the work sites.

G-5 MEASUREMENT AND PAYMENT

Payment shall be made in accordance with the specifications and the Schedule of Items

SECTION H - Special Contract Requirements H-1 General Site Conditions and Weather Rain is expected throughout the fall and into late spring. Snow is sporadic during these months. Except for an occasional snow storm, road access is available throughout the year. Elevation of the project site is approximately 500 feet above mean sea level.

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

H-2 Submittals

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

Submittals shall include the following:

· Date and Revision Dates.

· Project Name and Contract Number.

· Names of Contractor, Subcontractor, Supplier, and Manufacturers.

· Field Dimensions and Relation to Adjacent Structures.

· Contractor's stamp, initialed or signed, certifying review of submittal, verification of field measurement and compliance with contract documents.

Samples:

Physical samples shall illustrate materials, equipment, or workmanship, and establish standards by which completed work shall be judged. Samples shall be of sufficient size and quantity to illustrate the functional characteristics of product or material, with integrally related parts and devices.

Manufacturer's requirements:

Supply manufacturer's catalog sheets or brochures with diagrams, schedules, or performance charts. Illustrations shall be clearly marked to identify pertinent materials or models, dimensions, and clearances required. Supplement standard drawings to provide information unique to this project.

Referenced by

Specification No.

H-3 PRODUCT SUBSTITUTION

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

Notify the site contact Bill Uyesugi at (360) 449-7828 or his designee at least seven (7) calendar days prior to start of work.

H-4 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:

(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.

H-5 USE OF PREMISES

1) The following restrictions apply within the Monument Headquarters boundary:

a. Do not clear, grub, operate equipment, walk across, or disturb areas outside the work limits without written approval from the Contracting Officer. Work limits are as shown on the drawings.

2) Field Offices and Staging areas shall be within designated areas.

3) The Contractor is authorized to park up to 2 vehicles in the parking area of the Monument Headquarters, as designated by the COR. Additional contractor vehicle parking in the employee parking area can be negotiated with the COR.

4) The Contractor shall provide and maintain sanitation facilities for the work force at the site and dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-6 PREVENTION OF CONTAMINATION FROM ORGANISMS FOREIGN TO NATIONAL VOLCANIC MONUMENT (NVM)

The Contractor shall take all precautions necessary to protect the National Volcanic Monument from foreign seed and plant contamination. The contamination would include organic material, seeds, and root fragments from non-native grasses and weeds (e.g. scotch broom, sweet clover, tansey, etc.). This shall be done by steam cleaning or pressure washing all earth moving equipment prior to traveling east of mile post 38 on SR 504, when that vehicle will be entering the NVM. Equipment removed from the project and used at another site shall be cleaned before returning to this project. Earth moving equipment includes all equipment used in moving or modifying the earth, such as dozers, backhoes, loaders, graders, dump trucks, compactors, etc. No vehicles, equipment or materials, of any kind, arriving to the site shall have mud, dirt, or plant parts on it from another site. Such mud or plant parts shall be carefully transported off the NVM.

H-7 ARCHEOLOGICAL OR HISTORIC SITES

If a previously unidentified archeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately. The Contractor should note any items in place prior to May 18, 1980 are considered artifacts.

H-8 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

1) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, and impoundments (lakes, reservoirs, etc.).

2) Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. Concrete wash water or waste shall not be permitted to travel beyond the sites in which it is used, except that it may be transported off the Monument or disposed in a contractor constructed basin at the disposal area and covered as part the disposal area reclamation.

3) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H-9 SCHEDULE OF VALUES

Within 30 days of award the Contractor shall submit a Schedule of Values for this project. The Schedule of Values is a detailed breakdown of costs for each bid item including equipment time, personnel time, scheduling, materials costs, and the like showing the details of costs for each bid item. The Schedule of Values will be used to evaluate invoices for progress payments, schedule status, and as a basis for equitable adjustments for work that is different than in the original contract.

H-10 AVAILABILITY AND USE OF UTILITY SERICES (FAR 52.236-14) (APR 1984)

The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. The Contractor shall carefully conserve any utilities furnished without charge.

The Contractor, at its expense and in a workmanship like manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines. Before final acceptance of the work by the Government, the Contractor shall remove all temporary connections, distribution lines, meters and associated paraphernalia.

Utilities Available

Rate to be Charged

Restrictions

Water for one hose will be available

None

Limited to 10 at the site.

gallons per minute

Electricity can be used from a 120V electrical receptacle.

None

Max 208V/80A

Telephone is not available.

N/A

N/A

(There is limited cell phone service at the project site)

H-11 LANDSCAPE PRESERVATION & RESTORATION

The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment on this construction project.

1) The Contractor shall confine excavation and fill operations to within the clearing limits or other areas designated in contract documents and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

2) Trash and Refuse – The Contractor shall remove all of his own trash and refuse from the contract area and any that the wind has blown off the site. Maintain covered storage capable of holding the trash and refuse during windy periods. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

H-12 PROSECUTION OF WORK

Normal hours for the building are 8:00 AM till 5:00 PM five days per week. The site is open to the public 24 hours per day 7 days per week. Construction equipment can be left on site during non-work construction hours, in a location approved by the CO. The Contractor shall submit a work plan that details how the work will be completed in order to minimize interference with public access and use of the facility. Items to take into account include:

1) Main Entry Path. The main entry path from the parking area into building entrance is to be kept free of materials and equipment from 8:00 am till 5:30 pm each day the building is open to the public, unless otherwise negotiated with the Contracting Officer.

H-13 WORK BY OTHERS

There will be other Contractors working in the area. The Contractor is to coordinate access to not delay or impact the work of other Contractors. Work by others includes, but is not limited to the following:

1) Information Board installation

2) Wayfinding Sign installation

H-14 STAGING AREAS

The Contractor may use one area for staging.

1) Project site employee parking area. Do not damage asphalt surface through mechanical action or leaking fluids from equipment.

H-15 MONUMENT HEADQUARTERS DISPOSAL SITE

Excess and unsuitable excavated material may be placed at the disposal site as designated by the COR. This material may include rocks, vegetative materials or excavated soil. Vegetative materials, and other materials not approved for the disposal site shall be hauled off National Forest land and disposed of with permission of the property owner.

H-16 EMERGENCY RESPONSE (AGAR 452.236-77) (NOV 1996)

(a) Contractor’s Responsibility for Fighting Fire.

(1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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

(b) Contractor’s Responsibility for Notification in Case of Fire.

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies

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

H-17 FIRE PROTECTION REQUIREMENTS

The following fire requirements are attached in Section J and are applicable:

Fire Protection and Suppression, Gifford Pinchot National Forest

Fire Plan, R6-FS-6300-55 (2/84)

See Attachment J-4 – Region 6 Fire Protection Requirements.

H-18 ADDITIONAL REQUIREMENTS

All disposal by burning shall require a burning permit issued by the Gifford Pinchot National Forest and administered by the Contracting Officer. Burn permits provide for:

1. Restriction or prohibition of burning during declared period of fire danger in accordance with State Fire Law.

2. Restriction or prohibition of burning on a day-by-day basis when smoke dispersion values require such restriction in order to maintain air quality standards in accordance with State air pollution abatement procedures.

3. Area or location of burning.

4. Material to be burned.

5. Beginning and ending dates.

6. Safeguards: Including help and equipment to control the fire.

7. Patrol needed on the fire until the fire is out.

H-19 CONTROL OF MATERIALS – material sources Designated Sources – There are no local designated sources of material in this contract, except that top soil is to be removed from all current native areas receiving work for later reuse as a top finish layer. The Contractor is to use suitable excavation for fill on the project. It is expected that there will be excess suitable fill, which will be disposed of in the designated disposal area.

Contractor-Furnished Sources – When the material sources are not designated as provided above or the Contractor elects not to use designed sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the government. Quality Testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H-20 STORAGE AND STOCKPILING OF MATERIALS

Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor’s plant equipment. All storage sites provided by Forest Service shall be restored at Contractor’s expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered land.

H-21 WINTER SHUTDOWN

If the Contractor shuts down work for the winter the site is to be winterized with water bars, silt fence, straw bales and/ or covering the ground with protective matt to assure erosion of the fine grained ash will not occur on or adjacent to the site. To the extent possible such devices shall be maintained through the winter.

H-22 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, trail or parking area by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operations 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.

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

H-23 DUST CONTROL

H-24 DEFINITIONS AND ABBREVIATIONS

Wherever in these provisions, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

A. Definitions

Calendar Day - Every day shown on the calendar, Sundays and holidays included.

Change Order - A written order issued by the Contracting Officer, to the Contractor documenting modifications within the scope of the contract.

Contract Amendment - A bilateral written supplemental agreement between the Government and the Contractor.

Contracting Officer's Representative (COR) - The duly authorized representative of the Contracting Officer, responsible for on-site administration of the contract within the limits of specific written delegation of authority. May also be referred to as the Engineer.

Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract and acting directly or through their agent, employees, or subcontractors.

Drawings - The approved documents and reproductions of these documents, including plan and profile sheets, cross sections, site plans, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, and similar documents showing details for construction of a facility.

Equipment - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the work.

Forest Supervisor - The person, or designated representative, responsible for administration of a National Forest.

Hours – Where hours are specified as time needed for reviews and approvals it is hours during a Federal Work Day. As an example 24 hours is one work day; 48 hours is two work days and so on.

Inspector - The government authorized representative designated in writing by the COR responsible for detailed inspections of contract performance, within delegation of authority.

Materials - Any substances for use in the construction of the project and its appurtenances.

Notice of Non-Compliance - Written notice issued detailing specific area(s) of non-compliance with contract requirements.

Original Contract Quantities - Those quantities shown in the Schedule of Items as awarded.

Pay Item - A unit of work for which a price is shown in the Schedule of Items.

Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road or a construction site.

Schedule of Items - Schedule in the contract which contains a listing and description of construction items, quantities, units of measure, method of measurement, unit price and amount.

Special Project Specifications - Specifications which detail the conditions and requirements peculiar to the individual project, including but not limited to CSI format specifications and additions and revisions to Standard Specifications.

Specifications - A general term applied to all written directions and requirements pertaining to performance of work.

Standard Specifications - Specifications established for Region-wide use for construction of facilities which cover most items of work likely to be performed; such as Earthwork, Base Courses, Pavement, Concrete, etc.

Utility Services - Are services such as electricity, gas, steam, water, and sewage.

Work Day – Regular federal work day. Does not include Federal Holidays or weekends.

Work Limit – Limit as to where equipment and personnel can travel on the site. Equipment and personnel are not to travel outside the work limits without authorization from the Contracting Officer.

Work Order - A written instruction directing the Contractor to fulfill contract requirements.

Building Limits - A line 5 feet outside foundations of the structure.

Clearing Limits - The limits of clearing as designated on the ground, shown on the drawing or designated in the Special Project Specifications.

B. Abbreviations

AASHTO - American Association of State Highway and Transportation Officials

ACI - American Concrete Institute

AGC - Associated General Contractors of America

AGMA - American Gas Manufacturers Association

AISC - American Institute of Steel Construction

AISI - American Iron and Steel Institute

AITC - American Institute of Timber Construction

ANSI - American National Standards Institute

APA - American Plywood Association

API - American Petroleum Institute

ASHRAE - American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME - American Society of Mechanical Engineers

ASTM - American Society for Testing and Materials

AWPB - American Wood Preservers Bureau

AWPA - American Wood Preserver's Association

AWS - American Welding Society

AWWA - American Water Works Association

CS - Commercial Standard issued by U.S. Department of Commerce

DEMA - Diesel Engine Manufacturers Association

ETL - Electrical Testing Laboratory

ENSA - Electrical National Standards Association

FAR - Federal Acquisition Regulations

FHA - Federal Housing Administration

FED. SPEC. or F.S. - Federal Specifications

FSS - Federal Specifications and Standards

FW - Fire water pipeline

GSA - General Services Administration

HDPE - High Density Polyethylene Pipe

ICBO - International Conference of Building Officials

ICEI - Internal Combustion Engine Institute

IEEE - Institute of Electrical and Electronic Engineers

IPCEA - Insulated Power Cable Engineers Association

MSHA - Mine Safety and Health Administration

MIL - Military Specifications

NBFU - National Board of Fire Underwriters

NBS - National Bureau of Standards

NEC - National Electric Code

NEMA - National Electrical Manufacturers Associations

NESC - National Electrical Safety Code

NFPA (Fire) - National Fire Protection Association

NFPA (Forest) - National Forest Products Association

NPC - National Plumbing Code

NSF - National Sanitation Foundation

NWMA - National Woodwork Manufacturers Association

OSHA - Occupational Safety and Health Act

PS - Product Standard issued by U.S. Department of Commerce

RIS - Redwood Inspection Service

SD - Storm drain

SMACCNA - Sheet Metal and Air Conditioning Contractors National Association

SPA - Southern Pine Association

SSPC - Steel Structures Painting Council

UBC - Uniform Building Code

UL - Underwriters' Laboratories, Inc.

UMC - Uniform Mechanical Code

USASI - United States of America Standards Institute

WCLIB - West Coast Lumber Inspector Bureau

WRC - Western Red Cedar

WSDOT - Washington State Department of Transportation

WWPA - Western Wood Products Association

PART II--CONTRACT CLAUSES

2.1. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items as follows:

[Contracting Officer shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_ _ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

_X (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_ X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

X___ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

X___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

2.2. FAR 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.

2.3. 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 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. “Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

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

(1) Salary and bonus.

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

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

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

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

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or…