RFP_Rd58.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0414

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

04/20/10

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379150

6. PROJECT NO.

7. ISSUED BY

CODE

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

EROC Northwest Contracting Office @ Umpqua National Forest

2900 NW Stewart Parkway – Room 220

Roseburg, OR 97470

9. FOR INFORMATION

CALL:

A. NAME

See block 10 B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) See block 10

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):

ROAD 58 SHOULDER REPAIR

OCHOCO NATIONAL FOREST

PAULINA RANGER DISTRICT

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

This solicitation is issued under the provisions of the American Recovery and Reinvestment Act of 2009.

TAS::12 1102::TAS RECOVERY

NOTE: Address/Mail/Deliver proposals to BLOCK 8 address. Bid guarantees must be received no later than the specified closing date. Bid Bonds must be originals.

Technical Contact: Steve Pickert 541-416-6513 [see L-7 for Pre-Proposal Meeting information] Contract Specialist: Dennis Danz 541-957-3230

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving

FORMCHECKBOX

award, X notice to proceed. This performance period is FORMCHECKBOX mandatory, X negotiable. (*See Part I Section F.)

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

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

X YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

TEN (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 11;00 A.M. (hour) local time 05/24/10 (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 X is, FORMCHECKBOX 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)

CODE

FACILITY CODE

17.

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

AMOUNTS: PLACE AMOUNTS IN SECTION B

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

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

1. 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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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 perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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)

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

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Schedule of Pay Items

Notes

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

· List Of Attachments

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

Note regarding VETS-100

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

This Page Intentionally Blank

PART I—THE SCHEDULE

SCHEDULE OF ITEMS

ROAD 58 SHOULDER REPAIR

BASE ITEM: Road 5800-000

method 1, tolerance C

compaction method B, finishing method B

compaction method B (includes Shoulder Rock)

Note: All Cubic Yards measured in place

TOTAL ALL BASE PAYMENT ITEMS:

OPTION A: M.P. 2.69 Segment

method 1, tolerance C

compaction method B

(includes Shoulder Rock)

*Note: All Cubic Yards measured in place

TOTAL ALL OPTION A PAYMENT ITEMS:

GRAND TOTAL BASE + OPTION A:

Offeror Name:

Mailing Address:

City, State, Zip:

Phone

Phone

Fax

E-Mail:

DUNS NUMBER:

TAX IDENTIFICATION NUMBER (TIN):

OPTION ITEMS: Offerors must provide pricing for all items (all Base Items and all Option Items). See “OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEMS” in Section I, and “EVALUATION OF OPTIONS” in Section M. Also note special bid guarantee, performance bond and payment bond limits in Sections H, I and L.

If the government elects to exercise any Option Item it will be for the total quantity of all payment Items within that Option Item unless otherwise mutually agreed.

Exercise of Option Item A may be made by the government at any time up to ten (10) calendar days after the effective date of notice to proced unless a later date is otherwise mutually agreed.

NOTES

BID Items: Offerors must bid on all payment items (all Base Items and all Options Items). If Offeror does not intend to charge for an Item, a price of 0” or “NO COST” should be shown.

Bond Premiums: Bond premiums shall be included under item 15101 Mobilization. See payment terms covered under specification section 151 Mobilization and the standard contract payment clauses.

Proposal Submission Documents: See Section L for a list of required Proposal Submission Documents and other instructions

Central Contractor Registration: Prior to any contract award Contractors must be currently registered in the Central Contractor Registration (CCR) System, which established Electronic Fund Transfer for payment purposed under federal contracts. See Section I (52.204-7).

Ref: http://www.ccr.gov Representation and Certifications: Contractors shall provide Representations and Certifications electronically via the On line Representations and Certifications Application (ORCA). See Section K (52.204-8) for requirements.

Ref: http//orca.bpn.gov Veteran Information: Contractors must register with VETS-100 for contracts awarded in excess of $100,000. See Section K (52.222-38) for requirements.

Ref: http://www.vets100.cudenver.edu

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

This project will widen existing road segments to provide adequate width (14’ paved surface with shoulders) on FDR 58. Work consists of clearing and grubbing, excavation, aggregate surfacing and asphalt overlay. Mile Post (M.P.) represent the beginning of each segment. There are seven segments with one option segment.

The project is located in T.16 S., R. 25 E., Sections 1, 10, 11, 12 & T. 16 S., R. 26 E, Sections 5 & 6. From Prineville, Oregon travel east on OSH 380 55 miles to Crook County Road (CCR) 112. Continue east on CCR 112 for 3 miles to CCR 113, Beaver Creek Road. Travel northeast on CCR 113 for approximately 2.5 miles to junction of CCR 135, Puitt Road. Travel on CCR 135 for approximately 11 miles to junction with FDR 58. M.P. 0.00 begins at this junction (CCR 135/FDR 58).

The Government’s estimate is in the range between $100,000 and $250,000 for all items, including options.

As provided for in the Supplemental Project Specifications and AS SHOWN ON THE DRAWINGS. CCR 113 is currently under contract for reconstruction with the Federal Highway Administration. Delays may occur in accessing this site.

The Contractor is encouraged to coordinate with FHWA contractor, Tidewater Construction to minimize delays in the delivery of supplies such as crushed aggregate and asphalt. Contact Scott Fitzhugh of Tidewater Contractors, PO Box 1956 Brookings, OR 97415. Phone 541-661-1667

(AGAR 452.211-73)(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.

The Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-03 U.S. Customary Units) are applicable to this project. The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

This specification is hereby incorporated by reference and is not physically attached to this solicitation/contract. See below for sources to obtain this specification.

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract. Specifications or product descriptions cited herein, but not attached to this solicitation nor listed in the General Services Administration Index of Federal Specifications and Standards (GSAIFSS), may be obtained from:

Standard Specifications For Construction of Roads and Bridges on Federal Highway Projects

FP-03

U.S. Customary Units Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

866-512-1800 http://bookstore.gpo.gov/ http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

P.O. Box C700

100 Bar Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585 http://www.astm.org

Highway and Transportation Officials

444 North Capitol Street, NW

Suite 249

Washington, D.C., 20001

(206) 624- 5800 http://www.aashto.org

Specifications & Consumer Information Distribution Section

Washington Navy Yard, Bldg. 197

Washington, DC 20407

1906 Smith Tower Building

506 Second Avenue

Seattle, WA 98104

Federal Office Bldg., Rm 6048

909 First Avenue

Seattle, WA 98174

(206) 442-5930

See Section I clause (incorporated by reference) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (JUL 2004) for contract bonding requirements

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

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

(b) Inspection and acceptance will be performed on the project unless otherwise agreed to.

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

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 (ten) 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 the time specified below. The time stated for completion shall include final cleanup of the premises.

Seasonal operational limitations shall apply as expressed elsewhere herein.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 30, 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

None.

A post award conference with the successful offeror is required. It will be scheduled and held soon after the date of contract award. The conference will be held at a mutually agreed location.

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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 of 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.

The Contracting Officer’s Representative may designate project inspectors to secure compliance with the terms and conditions of the contract.

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.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual survey.

(b) Weather conditions suitable for ground excavation are normally expected in May through September. Precipitation, sometimes heavy, is normal throughout the winter, with periods of snowfall. Night freezing is common throughout the winter.

(c) Transportation Facilities:

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites and for all activities necessary to complete this contract.

Use of National Forest roads shall be in accordance with the following:

i. The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract. Copies are available upon request.

ii. Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

iii. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post traffic control signs and devices in conformance with the “Manual on Uniform Traffic Control Devices: (MUTCD). Do not proceed with work on the project until all required signs are in place and approved

iv. Road segments may be closed as shown in the Supplemental Specification Table 156-1. Maintain traffic control devices during closure period(s). Appropriate barricades and signs will be erected and maintained as shown in the traffic control plan or as otherwise designated. Prior to closing roads during construction, give written notice to the Contracting Officer at least 10 days in advance.

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. All road barricades, warning signs, 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 Administrations and applicable safety codes.

v. See also Specification 635

Submittals:

The following shall be submitted on this project:

SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

None

MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

a. The Contractor shall confine 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, and damage to vegetation or structures outside the clearing limits shall be repaired as directed by the Contracting Officer.

b. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

c. Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live steams 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.

d. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

e. Prevention of Oil Spills – If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

f. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within or near the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

(c) When the Contractor’s operations require a temporary electrical power distribution system, the system shall comply with the National Electrical Code, applicable local codes and utility regulations. The Contractor shall make all arrangements with the serving utility for temporary power and shall pay the serving utility for all applicable fees and power consumed.

(d) Potable water and sanitary facilities are not available for use during construction.

(e) The Contractor is authorized to use roads that are part of the construction project and those Forest Service Roads necessary for direct route access for performance of work under this contract.

Load Limits - All vehicles and equipment shall not exceed State legal highway loads and widths or posted limits without valid State and Forest Service overload, over-width permits.

All other permits (unless noted elsewhere) are not required to be obtained by the Contractor due to project’s Federal status. The lack of permits will not have negative impacts to the Contractor’s license and ability to work within the city in the future. Contractor is responsible, as noted above, to comply with all codes, laws and regulations applicable to this work.

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

Value engineering change proposals which change the service or function of a facility or produce irreconcilable conflicts with management objectives will not be considered.

The following work is excluded from consideration under the Value Engineering clause:

NONE

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

The cost principles and procedures in Subpart 31.2 of the Federal Acquisition Regulations shall be used in the pricing of contract claims and modifications, and for determining costs under terminated contracts, except, where actual costs cannot be determined from the Contractor's accounting records. Allowable ownership and operating costs for owned or rented equipment shall be determined from "The Construction Equipment Ownership and Operating Expense Schedule," U.S. Army Corps of Engineers Publication EP 1110-1-8, published by the U.S. Government Printing Office, to the extent that this publication contains a listing of the equipment being cost, or of similar equipment. Comparable equipment rate publications may be used as mutually agreed. During periods of suspension of work pursuant to a contract clause, the allowance for equipment ownership shall not exceed the amount for standby cost as determined by this schedule.

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

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

The Contracting Officer, based on the contract clause entitled “Additional Bond Security (FAR 52.228-2) may require an increase in the penal sum of the bond if the option item(s) is (are) exercised after the initial award. The increase, if any, will be based on an amount no greater than the total contract price, as modified. The Contracting Officer reserves the right to maintain the penal sums based on the original contract amounts if Option Item additions are minimal, or if Base item performance completion is substantial.

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

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

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions (Sections K, L & M) (3) Special Contract Requirements (Section H) (4) Contract Clauses (excluding the specifications and drawings)(i.e. Section I) (5) Supplemental Specifications (6) Standard Specifications

(7) Drawings, figured dimensions over scaled dimensions

(8) Drawings, large scale over small scale

(9) Drawings – Schedules on drawings over notations on drawings

(10) Shop Drawings

(11) Other Documents, Exhibits, and Attachments

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (MAR 2009) Alt I (MAR 2009) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 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 (DEVIATION - JAN 2010)

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)

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)

52.223-6 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)

52.236-17 Layout of Work (APR 1984)

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

Alternate I (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 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)

52.252-6 Authorized Deviations in Clauses (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)

(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.

(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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(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…