AG-0489-S-10-0452 sol package.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0489-S-10-0452

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

4/13/2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

379437

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

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

9. FOR INFORMATION

CALL:

A. NAME

Shirley Cochran

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

503 668-1445

SOLICITATION

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

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

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

2009 (ARRA)

TAS::12 1102::TAS RECOVERY Roof Replacements

Malheur National Forest, Grant and Harney Counties , Oregon

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

The estimated amount of this project is between $500,000 and $1,000,000.

NOTE: FAX and email responses will not be accepted.

11. The Contractor shall begin performance within10 calendar days and complete it within 30 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 5/13/2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

US Forest Service; EROC Northwest 16400 Champion Way

Sandy, OR 97055

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

Robert Williams

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

TABLE OF CONTENTS

ROOF REPLACEMENTS

MALHEUR NATIONAL FOREST

PART I – CONTRACT SPECIFICATIONS

SECTION A – SF-1442

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

SECTION C – Descriptions/Specifications/Statement of Work

SECTION D – Packaging, Marking and Layout

SECTION E – Inspection and Acceptance

SECTION F – Deliveries and Performance

SECTION G – Contract Administrative Data

SECTION H – Special Contract Requirements

PART II – CONTRACT CLAUSES

SECTION I – Clauses Incorporated by Reference

AGAR/FSAR and SPECIAL CONTRACT CLAUSES

ARRA Required Clauses (full text)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – Exhibits, Attachments, and Appendices

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

Respondents

SECTION L – Instructions to Offeror/Notices

SECTION M – Evaluation Factors for Award

Solicitation: AG-0489-S-10--452 PAGE 4 of 73

Roof Replacement Malheur National Forest

Forest-Wide Roof Replacement 2010 - Schedule of Items

Building Name Item # Description Method of

Measurement Quantity Unit Unit Price

Total Price

BID ITEM #1 BLUE MOUNTAIN WORK CENTER

Ranger's House (Building 1026)

07313 (01) Remove/Dispose Existing Wood Shingle Roofing AQ 1624 SF

07313 (02) Install New Wood Shingle Roof System

AQ 1624 SF

Old Office (Building 2003)

07313 (03) Remove/Dispose Existing Wood Shingle Roofing AQ 1086 SF

7313 (04)

AQ

1086 SF

Barn (Building 2405)

07412 (01) Remove/Dispose Existing Metal Roofing AQ 679 SF

7313 (05)

AQ 679 SF

Warehouse (Building 2206)

07412 (02) Remove/Dispose Existing Metal Roofing AQ 1209 SF

7313 (06)

AQ 1209 SF

Total Amount Bid Item No. 1

BID ITEM #1 - OPTION ITEM #1: Deletes Item #07313(06) &

Adds:

Blue Mountain Work Center

Barn (Building 2405)

07412(05) Install New Metal Roofing AQ 679 SF

BID ITEM #1 - OPTION ITEM #2: Deletes Item #07313(07) & Adds:

Blue Mountain Work Center

Warehouse (Building 2206)

07412(06) Install New Metal Roofing AQ 1209 SF

Solicitation: AG-0489-S-10--452 PAGE 5 of 73

BID ITEM #2 JOHN DAY COMPOUND

110 Residence (Building 1006)

07313(13) Remove/Dispose Existing Wood Shingle Roofing AQ 1900 SF

07313(14)

AQ 1900 SF

110 Garage (Building 1502)

07313(15)

Remove/Dispose Existing Wood Shingle Roofing

AQ 672 SF

07313(16)

AQ 672 SF

145 Residence (Building 1003)

07313(17) Remove/Dispose Existing Wood Shingle Roofing AQ 1400 SF

07313(18)

AQ 1400 SF

Auto Shop (Building 2100)

07313(19) Remove/Dispose Existing Wood Shingle Roofing AQ 4667 SF

07313(20)

AQ 4667 SF

Barn (Building 2400)

07313(21) Remove/Dispose Existing Wood Shingle Roofing AQ 1312 SF

07313(22)

AQ 1312 SF

Soils Lab (Building 2200)

07313(23) Remove/Dispose Existing Wood Shingle Roofing AQ 5388 SF

07313(24)

AQ 5388 SF

Open Storage (Building 2301)

07313(25) Remove/Dispose Existing Wood Shingle Roofing AQ 5024 SF

07313(26)

AQ 5024 SF

Tree Cooler (Building 2309)

07313(27) Remove/Dispose Existing Wood Shingle Roofing AQ 7536 SF

07313(28)

AQ 7536 SF

Gas House (Building 2500)

07313(29) Remove/Dispose Existing Wood Shingle Roofing AQ 892 SF

07313(30)

AQ 892 SF

Total Amount Bid Item No. 2

Solicitation: AG-0489-S-10--452 PAGE 6 of 73

B BID ITEM NO. 3 – OTHER JOHN DAY BUILDINGS

306 E. Main, John Day

Residence (Building 1001)

07313(31) Remove/Dispose Existing Wood Shingle Roofing AQ 2600 SF

07313(32)

AQ 2600 SF

Garage (Building 1500)

07313(33) Remove/Dispose Existing Wood Shingle Roofing AQ 420 SF

07313(34)

AQ 420 SF

404 Canton St., John, Day

Daycare (Building 1043)

07311(01)

Remove/Dispose Existing Composite Roofing

AQ 1120 SF

07311(02)

Install New Composite Roofing

AQ 1120 SF

230 NE Dayton St., John Day

Communications (Building 2103)

07311(03) Remove/Dispose Existing Composite Roofing AQ 1800 SF

07311(04)

AQ 1800 SF

Total Amount Bid Item No. 3

Solicitation: AG-0489-S-10--452 PAGE 7 of 73

BID ITEM NO. 4 - Crane Prairie Administrative Site

Barn (Building 2401)

07313(35) Remove/Dispose Existing Wood Shingle Roofing AQ 852 SF

07313(36) nstall New Wood Shingle Roof System

AQ 852 SF

Fire Guard Cabin (Building 1300)

07313(37) Remove/Dispose Existing Wood Shingle Roofing AQ 650 SF

07313(38)

AQ 650 SF

Ranger's Residence (Building 1008)

07313(39) Remove/Dispose Existing Wood Shingle Roofing AQ 1058 SF

07313(40)

AQ 1058 SF

Paint House (Building 2502)

07313(41) Remove/Dispose Existing Wood Shingle Roofing AQ 196 SF

07313(42)

AQ 196 SF

Range Cabin (Building 1402)

07313(43) Remove/Dispose Existing Wood Shingle Roofing AQ 1004 SF

07313(44)

AQ 1004 SF

Gas House (Building 2501)

07313(45) Remove/Dispose Existing Wood Shingle Roofing AQ 196 SF

07313(46)

AQ 196 SF

Weight Room (Building 2605)

07311(05) Remove/Dispose Existing Composite Roofing AQ 132 SF

07313(47)

AQ 132 SF

Total Amount Bid Item No. 4

Solicitation: AG-0489-S-10--452 PAGE 8 of 73

BID ITEM NO. 5 – Allison Guard Station

Cookhouse (Building 1301)

07313(48) Remove/Dispose Existing Wood Shingle Roofing AQ 1295 SF

07313(49)

AQ 1295 SF

Garage (Building 1506?)

07313(50) Remove/Dispose Existing Wood Shingle Roofing AQ 420 SF

07313(51)

AQ 420 SF

Gas House (Building 2503)

07313(52) Remove/Dispose Existing Wood Shingle Roofing AQ 756 SF

07313(53)

AQ 756 SF

Generator (Building 1874)

07313(54) Remove/Dispose Existing Wood Shingle Roofing AQ 165 SF

07313(55)

AQ 165 SF

Large Residence (Building 1151)

07313(56) Remove/Dispose Existing Wood Shingle Roofing AQ 1840 SF

07313(57)

AQ 1840 SF

Small Residence (Building 1152)

07313(58) Remove/Dispose Existing Wood Shingle Roofing AQ 756 SF

07313(59)

AQ 756 SF

Total Amount Bid Item No. 5

Solicitation: AG-0489-S-10--452 PAGE 9 of 73

BID ITEM NO. 6 – Crow Flat Guard Station and Hines Administrative Site

Crow Flat Guard Station

Bunkhouse (Building1314)

07311(06) Remove/Dispose Existing Composite Roofing AQ 1650 SF

07311(07)

AQ 1650 SF

Gas House (Building 2509)

07311(08) Remove/Dispose Existing Composite Roofing AQ 113 SF

07311(09)

AQ 113 SF

Laundry Building (Building 2503)

07311(10) Remove/Dispose Existing Composite Roofing AQ 265 SF

07311(11)

AQ 265 SF

Storage (Building 2505)

07311(12) Remove/Dispose Existing Composite Roofing AQ 225 SF

07311(13)

AQ 225 SF

Hines Administrative Site

GIS Shop (Building 2104)

07311(14) Remove/Dispose Existing Composite Roofing AQ 3166 SF

07412(03)

Install New Metal Roofing

AQ 3166 SF

Flammable Storage (Building 2303)

07311(15) Remove/Dispose Existing Composite Roofing AQ 1558 SF

07412(04)

Install New Metal Roofing

AQ 1558 SF

Total Amount Bid Item No. 6

Solicitation: AG-0489-S-10--452 PAGE 10 of 73

B-2 ADDITIONAL INFORMATION:

NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

Mobilization.

NOTE: Please read the bonding requirements in clauses I.8, I.9, and I.10. Performance and Payment bonds are required for all contracts exceeding $100,000. Alternative requirements for Payment

Bonds are required for contracts not exceeding $100,000.

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#

Solicitation: AG-0489-S-10--452 PAGE 11 of 73

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

FOREST-WIDE ROOF REPLACEMENTS

GRANT & HARNEY COUNTIES, OREGON

C.1 SCOPE OF CONTRACT

Furnish all materials, equipment, and labor necessary for roofing replacement for 39 buildings, as designated within these specifications, on the Malheur National Forest located in Grant and Harney counties in Oregon.

Roofing replacements shall include: removal and disposal of existing roofing and furnishing and installation of a complete, weather-tight roof system as listed in the tables below. Installation of new roofing materials includes specified underlayments , flashing, vents, roofing accessories, and roof surfacing. Work also includes, but is limited to specified buildings as listed in the tables below:

removal and replacement of fascia, priming and painting of fascia, removal and reinstallation of existing metal ridge and hip caps, removal and disposal of 2 explosion vents and replaced with 2 government furnished explosion vents, and design and construction of 3 dormers including priming and painting to match existing facilities.

Bid Item 1, Option Item #1 replaces line item 07313(05), Install New Wood Shingle Roof System for the Blue Mountain Work Center Barn (Building #2405), with line item 07412(06), Install New Metal Roof System.

Bid Item 1, Option Item #2 replaces line item 07313(06), Install New Wood Shingle Roof System for the Blue Mountain Work Center Warehouse (Building #2206), with line item 07412(07), Install New

Metal Roof System. This work shall include furnishing and installing a weather-tight metal roofing system including all underlayments, flashing, roofing accessories, and roof surfacing.

Existing roof system estimates and new roofing replacements are as specified in the below tables:

Solicitation: AG-0489-S-10--452 PAGE 12 of 73

Blue Mountain Ranger District

Blue Mountain Work Center:

Facility Existing Roof ~Roof Area

(sq ft)

Pitch Roof System Replacment

Ranger’s House (#1026) Wood Shingle 1624 12/12 Wood Shingle Old Office (#2003) Wood Shingle 1086 8/12 Wood Shingle

Barn (#2405) (1)

Metal 679 12/12 Wood Shingle – Base Bid (2)

Metal -Option Item #1 Warehouse (#2206) Metal 1209 12/12 Wood Shingle – Base Bid

(2) Metal -Option Item #2

(1) Remove and reinstall existing metal ridge cap on new roof.

(2) Option Item #1 and #2 replaces wood shingle roof system with a metal roof system.

John Day Compound:

Facility Existing Roof ~ Roof Area

Pitch Roof System Replacment

115 Residence (#1004) Wood Shingle 1280 9/12 Wood Shingle

130 Residence (#1002) Wood Shingle 1784 12/12 Wood Shingle

130 Garage (#1501) Wood Shingle 672 12/12 Wood Shingle

110 Residence (#1006) Wood Shingle 1900 12/12 Wood Shingle

110 Garage (#1502) (3)

Wood Shingle 672 12/12 Wood Shingle

145 Residence (#1003) Wood Shingle 1400 10/12 Wood Shingle

Auto Shop (#2100) Wood Shingle 4667 8/12 Wood Shingle

Barn (#2400) Wood Shingle 1312 10/12 Wood Shingle

Soils Lab (#2200) Wood Shingle 5388 8/12 Wood Shingle

Open Storage (#2301) Wood Shingle 5024 8/12 Wood Shingle

Tree Cooler (#2309) Wood Shingle 7536 8/12 Wood Shingle

Gas House (#2500) Wood Shingle 892 8/12 Wood Shingle (3)

Remove and reinstall existing metal ridge cap on new roof system.

306 E. Main, John Day:

Pitch Roof System Replacment

306 E. Main Residence

(#1001) Wood Shingle 2600 9/12 Wood Shingle

306 E. Main Garage

(#1500) Wood Shingle 420 9/12 Wood Shingle

404 Canton St., John Day:

Pitch Roof System Replacment

Daycare (#1043) Composite 1120 5/12 Composite

230 NE Dayton St., John Day:

Solicitation: AG-0489-S-10--452 PAGE 13 of 73

Pitch Roof System Replacment

Communications (#2103) Composite 1800 8/12 Composite

Prairie City Ranger District

Crane Prairie Administrative Site :

Pitch Roof System Replacment

Barn (#2401) Wood Shingle 852 8/12 Wood Shingle

Fire Guard Cabin

(#1300)

Wood Shingle 650 12/12 Wood Shingle

Ranger's Residence (#1008)

Wood Shingle 1058 12/12 Wood Shingle

Paint House (#2502) Wood Shingle 196 12/12 Wood Shingle

Range Cabin (#1402) Wood Shingle 1004 10/12 Wood Shingle

Gas House (#2501) Wood Shingle 196 12/12 Wood Shingle Weight Room (#2605) Composite 132 4/12 Wood Shingle

Emigrant Creek Ranger District

Allison Guard Station:

Pitch Roof System Replacment

Cookhouse (#1301) (4)

Wood Shingle 1295 10/12 Wood Shingle

Garage (#1506) (4)

Wood Shingle 420 7.5/12 Wood Shingle

Gas House (#2503) (4)

Wood Shingle 756 8/12 Wood Shingle

Generator (#1874) (4)

Wood Shingle 165 8.75/12 Wood Shingle

Large Residence

(#1151) (4)

Wood Shingle 1840 8/12 Wood Shingle

Sm. Residence (#1152) (4)

Wood Shingle 756 8/12 Wood Shingle (4)

Remove and reinstall existing metal ridge and hip caps on new roof system.

Crow Flat Guard Station:

Pitch Roof System Replacment

Bunkhouse (#1314) Composite 1650 3.75/12 Composite Gas House (#2509) Composite 113 6/12 Composite Laundry Building

(#2503) Composite 265 8/12 Composite

Storage (#2505) Composite 225 8/12 Composite

Hines Administrative Site:

Pitch Roof System Replacment

GIS Shop (#2104) (5)

Composite/rock 3166 1/12 Metal Flammable Storage (#2303)

(6)

Composite 1558 4/12 Metal

Solicitation: AG-0489-S-10--452 PAGE 14 of 73

(5) Design and construct 3 dormers above doors , remove and replace all fascia and prime and paint to match existing.

(6) Install 2 Government furnished explosion vents per manufacturer‘s requirements.

C.2 PROJECT LOCATIONS

Blue Moutain Work Center is located on the Blue Mountain Ranger District in Grant County, approximately 15 miles northeast of Prairie City, Oregon, and is accessible by US Highway 26. Township 11 S., Range 35 E., Section 33.

John Day Compound is located on the Blue Mountain Ranger District in Grant County at 155 Government

Road, John Day, Oregon.

Main Street Residence is located at 306 E. Main St, John Day, Oregon.

Communications Building is located at 230 NE Dayton Street, John Day, Oregon.

Day Care Building is located at 404 NW Canton, John Day, Oregon.

Crane Prairie Administrative Site is located on the Prairie City Ranger District in Grant County, approximately 45 miles southeast of Prairie City, Oregon, and is accessible on County Route 62.

Township 16 S., Range 34 E., Section 24.

Allison Guard Station is located on the Emigrant Creek Ranger District in Harney County, approximately 40 miles northwest of Burns, Oregon and is accessible by US Highway 20 S/US Highway 395 S (3 miles), Burns-Izee Road/National Forest Road 47 (23 miles), Emigrant Creek Road/National Forest Road 43 (17 miles), National Forest Road 4370 (2.5 miles), Donelly Road/National Forest Road 4155 (2.5 miles), Whistle Creek Road/National Forest Road 41 (.5 miles N). Township 19 S., Range 27 E., Section 15.

Crow Flat Guard Station is located on Emigrant Creek Ranger District in Harney County, approximately 22 miles north of Burns, Oregon, and is accessible by US Highway 395, and Gravel Ridge Way/National Forest Road 3935 (23 miles). Township 20 S., Range 31 E., Section 13.

Hines Administrative Site is located on Emigrant Creek Ranger District in Harney County, at 265 Highway 20

South, Burns, Oregon.

C.3 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.

C.4 APPLICABLE SPECIFICATIONS (attached in Section J)

06100 – Rough Carpentry

07311 - Asphalt Shingles 07313 - Wood Shingles

07412 – Metal Roofing

09900 - Painting

Solicitation: AG-0489-S-10--452 PAGE 15 of 73

SECTION D--PACKAGING AND MARKING

For this Solicitation, there are NO Clauses in this Section

Solicitation: AG-0489-S-10--452 PAGE 16 of 73

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 FINAL CLEANUP

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

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

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

Solicitation: AG-0489-S-10--452 PAGE 17 of 73

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___ calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin on July 1, 2010.

No additional contract time will be granted if the option items for Bid Item 1 are exercised.

If offerors are awarded more than on bid item, contract time will run concurrent for all items awarded.

Solicitation: AG-0489-S-10--452 PAGE 18 of 73

SECTION G--CONTRACT ADMINISTRATION DATA

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

A post award conference with the successful offeror is required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at the Headquarters of the Malheur

National Forest, John Day, OR, or at an alternate location designated by the Contracting Officer.

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting

Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-3 NOTIFICATION OF SUBCONTRACTING

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

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

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

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

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

G.4 MEASUREMENT AND PAYMENT

Measurement and payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work, labor, materials, equipment, and incidentals necessary to

Solicitation: AG-0489-S-10--452 PAGE 19 of 73 successfully complete the project will be considered as included in the payment for items shown. This section defines the method of measurements and basis of payment for work items listed in the Schedule of

Items.

1. Square Foot (SF): Measured on a plane parallel to the surface being measured.

2. Actual Quantities (AQ) - These quantities are determined from actual measurements of completed work.

It is the intention of these specifications that performance of work under pay items shall result in complete replacement of a weather-tight roofing system and of improvements identified in these written specifications. Work and materials not specifically listed in the schedule of items, but required according to the specifications and general industry practice, shall be included in the Contractor‘s proposal.

G-5 MEASUREMENT AND PAYMENT

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:______________"

Solicitation: AG-0489-S-10--452 PAGE 20 of 73

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 SITE INFORMATION AND LIMITATIONS

Utilities are not available at the site for construction purposes.

The Contractor shall provide temporary toilet facilities (porta-potty) at project sites during construction work.

All generated waste materials shall be removed from forest lands and disposed in accordance to all State and

Local regulations.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer (CO). The Government is not responsible for loss of or damage to materials or supplies stored on-site during performance of this contract.

The Contractor's use of premises is limited only by the Government's right to perform work or to retain other contractors on portions of Project.

Lead Paint: Due to the age of several of the buildings, it is assumed that exterior paint may contain lead. It is anticipated that the work can be performed in a manner that will not result in lead exposure above the action level as defined by Oregon OSHA. In any case, the Contractor shall execute the work in accordanc e with Oregon OSHA standards such that surface preparation does not result in exposure to lead at or above the action level as defined by Oregon OSHA.

Fall Protection: Work shall be performed in accordance with construction industry fall protection rules

(References: OSHA 1926.500 Subdivision M, and OAR 437-03-040).

The Contractor is responsible for protecting workers from injury. Refer to FAR 52.236-13, Accident

Prevention, for full text.

H.2 CONSTRUCTION SIGNING AND BARRICADES

Buildings will be occupied during construction. The Contractor shall at all times conduct his operations to ensure the least inconvenience to the public and employees. Temporary building or road closures will be permitted, when required, upon written approval of the CO.

The Contractor shall provide adequate signing and barricades and take necessary safety measures to protect the public during all construction operations. The Contractor shall minimize disturbance of areas.

Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs shall be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around.

H.3 BUILDING PERMITS/INSPECTIONS

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Construction shall meet current applicable sections of the latest adopted editions of National, State, and Local specialty building codes including the Uniform Building Code (UBC), Oregon Specialty Code (OSC), and OSHA.

No building permits will be required. P lan review by the Grant and Harney County Building Departments are not required.

H.4 SUBMITTAL PROCESS

Allow 7 days for review of each submittal. The Contractor shall submit 1 copy of each submittal to the CO.

Allow additional time if processing must be delayed to permit coordination with subsequent submittals.

No extension of Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing.

Work requiring submittals shall not begin until submittals have been approved.

A. Place a permanent label or title block on each submittal for identification including:

a. Project name.

b. Date.

c. Name and address of Contractor.

d. Name of manufacturer.

e. Unique identifier, including revision number.

f. If more than one item is shown on submittal sheet, identify each item.

B. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals.

C. Product Data: Collect information into a single submitta l for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products are applicable.

3. Include the following information, as applicable:

a. Manufacturer's written recommendations.

b. Manufacturer's product specifications.

c. Manufacturer's installation instructions.

d. Manufacturer's catalog cuts.

e. Wiring diagrams showing factory-installed wiring.

f. Compliance with recognized trade association standards.

g. Compliance with recognized testing agency standards.

D. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base

Shop Drawings on reproductions of the Contract Documents or standard printed data.

1. Preparation: Include the following information, as applicable:

Solicitation: AG-0489-S-10--452 PAGE 22 of 73

a. Dimensions.

b. Identification of products.

c. Fabrication and installation drawings.

d. Roughing-in and setting diagrams.

e. Wiring diagrams showing field-installed wiring, including power, signal, and control wiring.

f. Notation of dimensions established by field measurement.

2. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available.

E. Maintenance Data: Prepare written and graphic instructions and procedures for operation and normal maintenance of products and equipment.

F. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer.

G. Product Substitutions: Industry standards shall be met for all products used. If approved equal product is requested, the applicable installation manuals for that product must be submitted to the

CO for review prior to written approval of the submittal.

Any modification of other items, designs, materials, products or equipment (including Government

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

H. Submittal Schedule: The following table is a summary of the required submittals for the project.

The table is to assist the Contractor and may not be all inclusive, as additional submittals may be required per specific specifications.

Spec.

Section

Section Title Subsection Required Submittal

00010 Section C C.8 Construction Schedule

07311 Asphalt Shingle 1.02 Product Data, Maintenance Data

07311 Asphalt Shingle 1.02 Product Warranties

07313 Wood Shingle 1.02 Product Data, Maintenance Data

07313 Wood Shingle 1.02 Product Warranties

07412 Metal Roofing 1.02 Product Data, Maintenance Data

07412 Metal Roofing 1.02 Product Warranties

07412 Metal Roofing 1.02 Dormer Design

07412 Metal Roofing 1.02 Paint/Primer Product Data

09900 Painting 1.03 Color Chips

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H.5 CONSTRUCTION SCHEDULE

The Contractor is required to submit a proposed construction schedule prior to issuance of the notice to proceed. The Contractor‘s proposed construction schedule shall minimize interference with Government personnel and operations and take into account possible impacts due to weather conditions. The Contractor shall determine the most cost effective and efficient use of the available construction time.

H.6 INSPECTION OF WORKSITE

The Contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost.

No Government organized site visit is scheduled for this project.

H.7 LANDSCAPE PRESERVATION

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

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

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

Contracting Officer.

H.8 SAFETY

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

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

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

52.202-1 Definitions (JUL 2004)

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

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

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

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

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 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 (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) http://www.usda.gov/procurement/policy/agar.html

Solicitation: AG-0489-S-10--452 PAGE 25 of 73

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

Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007)

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

(DEC 2007)

52.223-5 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)

52.228-11 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)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984)

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

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-26 Preconstruction Conference (FEB 1995)

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52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987)

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

52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 52.248-3 Value Engineering – Construction (SEP 2006)

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

(SEP 1996)

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

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

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

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

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

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

I-2 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts .

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

(a) Definitions. As used in this clause—

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

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

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

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

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

“Registered in the CCR database” means that—

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(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 bla nket 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.

http://fedgov.dnb.com/webform

Solicitation: AG-0489-S-10--452 PAGE 28 of 73

(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 informat ion 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

Solicitation: AG-0489-S-10--452 PAGE 29 of 73 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

I-4 FAR 52.204-11 – American Recovery and Reinvestment Act—Reporting Requirements (Mar

2009)

(a) Definitions. As used in this clause—

“Contract,‖ as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements;

letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see

FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate…