AG-0489-S-10-0449 Solicitation Package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0449

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

14 April 2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379432

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

US FOREST SERVICE

EROC NORTHWEST

16400 CHAMPION WAY

SANDY, OR 97055

9. FOR INFORMATION

CALL:

A. NAME

MERCEDES COOK

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

503.668.1634

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):

TAS::12 1102::TAS RECOVERY – WATER DISTRIBUTION SYSTEM BLUE MOUNTAIN WORK CENTER, CRANE PRAIRIE GS & CROW FLAT GS, JOHN DAY RD-MALHEUR NF-GRANT/HARNEY COUNTY, OREGON

This Request for Proposal is issued under the provisions of the American Recovery and Reinvestment Act of 2009

(ARRA)

This procurement is 100% Set-Aside for Historically Underutilized Business Zones (HUBZone). Contractors are required to be registered with the Central Contractor Registration (CCR) AND THE Online Representations and Certifications

Application (ORCA).

The magnitude of construction for this project is between $100,000 and $250,000.

Technical Questions may be directed to: Darren Lemon at (541) 575-3018.

See Section L for detailed instructions on how to submit your proposal. No FAX or email proposals will be accepted.

The Government contemplates award of a firm-fixed priced contract resulting from this solicitation.

Attachments: See Section ―J‖ for full list of all attachments.

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 1600 (hour) local time 14 MAY 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the 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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or 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.

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)

Water Distribution System Malheur NF PAGE 3 of 71

TABLE OF CONTENTS

RECOVERY – WATER DISTRIBUTION SYSTEM - BLUE MOUNTAIN WORK

CENTER, CRANE PRAIRIE GUARD STATION, CROW FLAT GUARD STATION,

MALHEUR NATIONAL FOREST

PART I-CONTRACT SPECIFICATIONS

SECTION A – SF 1442

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

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packaging, Marking and Layout

SECTION E – Inspection and Acceptance

SECTION F – Deliveries and Performance

SECTION G – Contract Administration Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Clauses incorporated by reference

AGAR/FSAR and SPECIAL CONTRACT CLAUSES

ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTURCUTIONS

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

Respondents

SECTION L – Instructions to Offeror / Notices

SECTION M – Evaluation Factors for Award

Water Distribution System Malheur NF PAGE 4 of 71

PART I—CONTRACT SPECIFICATIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS (SCHEDULE OF ITEMS)

Note: The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

ITEM NO. DESCRIPTION Quantity M of M Pay Unit

UNIT

PRICE

TOTAL

Blue Mountain Work Center

BM-1

Mobilization/Demobilization

(Blue Mtn Work Center) 1 All LSQ

BM-2 HDPE 2‖ Pipe 1500 AQ LF

BM-3 2-inch Water Meter & Box 1 AQ Each

BM-4 1-inch Service connection 2 AQ Each

BM-5 1.5-inch Service connection 1 AQ Each

BM-6 2-inch Water Valve & Box 6 AQ Each

BM-7

10inch Valve, Box, and Drain to Daylight 1 AQ Each

BM-8 Fire Hydrant, Valve 2-inch 6 AQ Each

Total:

PRICE

TOTAL

Crane Prairie Work Center

CP-1

Mobilization/Demobilization

(Crane Prairie Work Center)

CP-2 HDPE 2‖ Pipe 730 AQ LF

CP-3

Well Pump & Wellhead

Upgrades

CP-4

Pumphouse, Plumbing, Electrical, and Structure, Complete

1 All Each

CP-5 1-inch service connection 4 AQ Each

CP-6 2-inch Water Valve & Box 6 AQ Each

CP-7

1-inch Valve, Box, and Drain

2 AQ Each

CP-8 Fire Hydrant, Valve 2-inch 6 AQ Each

CP-9

Frost Free Yard Hydrant, Valve ¾-inch 3 AQ Each

Water Distribution System Malheur NF PAGE 5 of 71

PRICE

TOTAL

Crow Flat Guard Station

CF-1

Mobilization/Demobilization

(Crow Flat Guard Station)

CF-2 HDPE 2‖ Pipe 1250 AQ LF

CF-3 HDPE 1.5‖ Pipe 900 AQ LF

CF-4

Water Pump & Wellhead

Upgrades 1 All Each

CF-5

Pumphouse, Plumbing, Electrical, and Structure, Complete

CF-6

Water Storage Tank, Floats, Valves, Drain, Complete

CF-7 1-inch Service connection 2 AQ Each

CF-8 2-inch Water Valve & Box 2 AQ Each

CF-9

1-inch Valve, Box, and Drain

3 AQ Each

CF-10 Fire Hydrant, Valve 2-inch 2 AQ Each

CP-11

Overhead Tanker Fill, Valve, Hydrant (Complete)

Total all Items:

Water Distribution System Malheur NF PAGE 6 of 71

B-2 Note: Payment for bond premiums in accordance with clause 52.232-5, Payments under Fixed Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01

Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

Facsimile and emailed offers will not be considered. All offers must be hand carried or mailed to reach the address on page 1 of this solicitation by the date indicated on page 1.

Note: Please read the bonding requirements in clauses I-4, I-5, I-6. Performance and Payment bonds are required for all contracts exceeding $100,000. Alternative requirements for Payment Bonds are required for contracts not exceeding $100,00.

NOTE: Each item will be evaluated separately for award. Multiple awards may be made. Offerors may limit their offer to a minimum or maximum dollar amount. Indicate any limitations below:

My offer is limited to a minimum of $__________________and a maximum of $__________________.

Vendor Name: Phone

Signature: Fax

Address: Email

City, State, Zip: TIN#

Duns#

Water Distribution System Malheur NF PAGE 7 of 71

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 DESCRIPTION OF WORK

This project encompasses the reconstruction of 3 administrative water systems on the Malheur National

Forest in eastern Oregon. The work sites include the Blue Mountain Work Center, Crane Prairie Guard

Station, and the Crow Flat Guard Station, all having a primary use for fire suppression crews. The existing water lines, tanks, and pump systems are needing upgrades as described by the attached contract.

Work at the three sites shall include but not be limited to: Construction of two new pump houses with plumbing, electrical, and control connections to the water systems, replacement of approximately 5000 linear feet of water line with high density polyethylene pipe (HDPE) of various sizes; installation of approximately 9 service connections; replacement/installation of a 3,000 gallon storage tank, installation of electrical power services, control systems, hydrants, meters, valves, drains, and other appurtenances to create fully functioning systems at these sites.

C-2 PROJECT LOCATION

1. The Crane Prairie Guard Station is approximatley 30 miles Southeast of Prairie City, OR. It can be accessed by heading South on Grant County Road 62 for approximatley 25 miles. Turn East on Forest

Service Road 16 for approximately 5 miles to the entrance of the guard station.

2. The Crow Flat Guard Station is located 17 miles North of Burns, OR along US Highway 395.

3. The Blue Mtn Work Center is located 15 miles East of Prairie City, OR along US Highway 26.

C-3 AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

C-4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

Water Distribution System Malheur NF PAGE 8 of 71

SECTION D--PACKAGING AND MARKING AND LAYOUT

For this Solicitation, there are NO clauses in this Section

Water Distribution System Malheur NF PAGE 9 of 71

SECTION E--INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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

Water Distribution System Malheur NF PAGE 10 of 71

SECTION F--DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

52.242-14 Suspension of Work (APR 1984)

F-2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after the date the contractor receives the notice to proceed..

The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 August 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 requried performance and payment bond within the time specified in the offer.

F-3 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOW 1996)

Within five (5) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is N/A.

Water Distribution System Malheur NF PAGE 11 of 71

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 MEASUREMENT AND PAYMENT

Measurement and Payment shall be described in Section 00301 of the specifications

CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________

Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:______________"

G-2 GOVERNMENT-FURNISHED PROPERTY

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

Item

No.

Property

Description

Property Value Qty Location Date Available

CP-4 FS Lock Set 50 1 Crane Prairie

CF-5 FS Lock Set 50 1 Crow Flat

All Seed for Seeding 1000 1 John Day

Water Distribution System Malheur NF PAGE 12 of 71

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 PRODUCT SUBSTITUTION

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

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

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

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

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

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

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

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

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

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

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

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

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

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

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

Water Distribution System Malheur NF PAGE 13 of 71

C. Substitutions will NOT be considered for acceptance when:

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

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

3. Acceptance will require substantial revision of contract documents.

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

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

E. Contracting Officer will determine acceptability of proposed substitutions.

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

H-2 CONTRACTOR'S REPRESENTATION & RESPONSIBILITY

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

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

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

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

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

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

a. Costs under separate contracts.

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

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

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

Water Distribution System Malheur NF PAGE 14 of 71

H-3 SUBMITTALS

The following shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Safety Plan Solicitation 14

Schedule Solicitation 14

Quality Control Plan/Statement 01450 14

Pipe Submittal 02081 14

Valve and Boxes 02082 14

Hydrants 02083 14

HDPE Pipe 02084 14

Pipe Submittals 02086 14

Demolition Plan 02220 14

Water Line Appurtenances 02510 14

Pump and Wellhead Submittals 02522 14

Mulch Equipment and Materials 02921 14

Concrete Mix Design 03301 14

Building Materials 06051 14

Truss Design 06171 14

Insulation 07240 14

Siding/Fastening Schedule 07462 14

Roofing Materials 07610 14

Sealants 07920 14

Doors 08110 14

Door Hardware 08710 14

Paints and Color Proposal 09900 14

Louvers/Vents 10200 14

Storage Tank and Appurtenances 13200 14

Level/Float Switches 13441 14

Plumbing Appurtenances 15141 14

Electrical Wire and Materials 16050 14

Control System Proposal 16201 14

Grounding Materials 16526 14

H-4 SHOP DRAWINGS

The following shop drawings shall be submitted on this project:

Title Referenced by

Specification No.

Time of Government

Approval After Submittal

Truss Design 06171 14

Control System Proposal 16201 14

Grounding Plan 16526 14

Water Distribution System Malheur NF PAGE 15 of 71

H-5 MATERIAL CERTIFICATIONS AND TESTING REPORTS

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

Title Referenced by

Specification No.

Concrete Mix Design and Constituents 3301

Pipe Bedding 2317

H-6 LANDSCAPE PRESERVATION

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

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

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

(a) The Contractor shall assign to this contract the following key personnel:

Superintendant .

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutions, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualififcations to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H-7 SAFETY

Contractor shall provide a safety plan that will:

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

Identify and describe inherently hazardous conditions.

Recognize hazards when contracting for inherently hazardous working conditions.

Possible safety hazards present for this work are listed but not limited to the following:

Water Distribution System Malheur NF PAGE 16 of 71

A. Travel/Work Zone Hazards

1. Narrow roads/Parking lots

a. Construction traffic

b. Recreational traffic

c. Pedestrians

d. Bicycles

e. Dust

f. Surface irregularities

B. Work Environment

1. Weather (heat/cold)

2. Stinging/biting insects and/or snakes

3. Ticks

4. Uneven ground

5. Flowing water

6. Personal protective equipment

7. Fall protection

8. Confined Spaces

C. Equipment operations

1. Backing

2. Clearance around machinery

3. High pressures

4. Refueling

5. Unsafe/deficient safety equipment

6. Operator fatigue

7. Overhead hazards

8. Noise

9. Overloads

10. Electrical exposure

D. Communications

1. On site between workers

2. On site to off site

A written job specific safety plan shall be submitted by the contractor prior to the prework meeting.

Water Distribution System Malheur NF PAGE 17 of 71

PART II--CONTRACT CLAUSES

SECTION I—CLAUSES INCORPORATED BY REFERENCE

I-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995)

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

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

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

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

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.211-18 Variation in Estimated Quantity (APR 1984)

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

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

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

52.222-12 Contract Termination - Debarment (FEB 1988)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

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

Water Distribution System Malheur NF PAGE 18 of 71

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(DEC 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

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)

52.228-8 Payrolls and Basic Records (Deviation 2009-O0001) Effective 12 February 2009

52.228-11 Pledges of Assets (SEP 2009)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (DEC 2009)

52.245-1 Property Records (JUN 2007)

52.246-21 Warranty of Construction (MAR 1994)

Water Distribution System Malheur NF PAGE 19 of 71

52.248-3 Value Engineering – Construction (SEP 2006)

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

1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

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

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

I-2 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

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

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

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

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the

DUNS+4 number, into the CCR database; and

(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

Water Distribution System Malheur NF PAGE 20 of 71 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.

http://fedgov.dnb.com/webform

Water Distribution System Malheur NF PAGE 21 of 71

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

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

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

(g)

(1)

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

(A) Change the name in the CCR database;

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

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

―Suspension of Payment‖ paragraph of the electronic funds transfer (EFT) clause of this contract.

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

―Suspension of payment‖ paragraph of the EFT clause of this contract.

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

http://www.ccr.gov/

Water Distribution System Malheur NF PAGE 22 of 71

I-3 52.216-27 Single or Multiple Awards.

As prescribed in 16.506(f), insert the following provision:

SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

I-4 FAR 52.228-1 Bid Guarantee (SEP 1996) (NOTE: Bid guarantees under this provision are only applicable if the contract will exceed $100,00.00)

a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier‘s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000., whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I-5 52.228-13 -- Alternative Payment Protections. (NOTE: These bonding requirements apply to contracts under $100,00.00)

Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes https://www.acquisition.gov/far/html/Subpart%2016_5.html#wp1093261

Water Distribution System Malheur NF PAGE 23 of 71 payments to the contractor‘s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

_(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by t he contracting officer.

(v) A deposit of the types of security listed in 28.204-1 and 28.204-2

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within __15____ days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the

Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

I-6 52.228-15 Performance and Payment Bonds—Construction (NOV 2006) (NOTE: This provision only applies to contracts exceeding $100,00.00)

(a) Definitions. As used in this clause—

―Original contract price‖ means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, and the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. The successful offeror shall furnish performance and payment bonds to the

Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

https://www.acquisition.gov/far/html/FormsStandard4.html#wp1176615 https://www.acquisition.gov/far/html/FormsStandard5.html#wp1176623

Water Distribution System Malheur NF PAGE 24 of 71

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury

Financial Management Service

Surety Bond Branch

3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

I-7 I-5 FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of ―(DEVIATION)‖ after the date of the clause.

I-8 AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to:

USDA Forest Service.

I-9 ORDER OF PRECEDENCE--CONSTRUCTION

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

(1) The Schedule (excluding the specifications); i.e. Sections A, B, D, E, F, G, and H

(2) Representations and Other Instructions; i.e. Sections K, L, and M

(3) Contract Clauses; i.e. Section I

(4) Other Documents, Exhibits, and Attachments; i.e. Section J

(5) Special Project Specifications

(6) Standard Specifications; i.e. Section C (including FAR clauses)

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop Drawings http://www.fms.treas.gov/c570/

Water Distribution System Malheur NF PAGE 25 of 71

ARRA REQUIRED CLAUSES (FULL TEXT)

I-10 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.

(End of clause)

I-11 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)):

Water Distribution System Malheur NF PAGE 26 of 71

(1) Salary and bonus.

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

(FAS 123R), Shared Based Payments.

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

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

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

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

$10,000.

(b) This contract requires the contractor to provide products and/or services that are…