AG-04KK-S-13-0003.rtf

AG-04KK-S-13-0003 North Fork Touchet River Culvert Replacement Page 1 of 35 file_0.emf file_1.wmf file_2.emf file_3.wmf file_4.emf file_5.wmf

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

CONTINUATION SHEET

Solicitation No.

AG-04KK-S-13-0003

Page Name of Offeror or Contractor

ITEM NO.

DESCRIPTION

QUANTITY

PAY UNIT

UNIT PRICE

TOTAL

SCHEDULE OF ITEMS

151.01

MOBILIZATION & BONDING

ALL

LS

157.01

SOIL EROSION & POLLUTION CONTROL

ALL

LS

201.01

CLEARING & GRUBBING

.5

ACRE

203.01

REMOVAL OF EXISTING CULVERT

EACH

208.01

EXCAVATION (COMPACTION METHOD C)

CY

251.01

PLACED RIP RAP, CLASS 3 (GFP)

CY

322.01

MINOR AGGREGATE COURSE, COMPACTION METHOD B (GFP)

CY

404.01

MINOR HOT ASPHALT CONCRETE

TON

603.01

16’ SPAN, 7’1” RISE, STRUCTURAL PLATE ARCH

FT

603.02

PRE-CAST CONCRETE STEMWALL FOOTERS, 5’ TOTAL HEIGHT, 3.5’ WIDTH @ BASE, W/KEYWAY

FT

648.01

STREAMBED SIMULATION MATERIAL (PLACEMENT METHOD A)

CY

648.02

CHANNEL ROCK (SIZE 3, METHOD A)

CY

TOTAL BASE ITEMS

SECTION C - Description/specifications/Statement of Work

C-1 Description of Work Work at this site includes the removal of one corrugated metal pipe on the North Fork Touchet River. The culvert is approximately 126’ long and has a 48” diameter. Work also includes the installation of a structural plate arch on pre-cast footers in place of the existing culvert. Also included is stream simulation work in the channel. This work includes placing rock for simulating pools and riffles in the channel. De-watering is required for this project. This includes re-directing the river for the duration of the project and installing erosion and pollution control devices during all phases of the project. The contractor shall ensure that ALL in-stream will be completed within the in-stream work window of July 15th through August 20th, as determined by the Washington Department of Fish and Wildlife.

C-2 Project Location Project location is approximately 20 miles south of Dayton, WA. Head south on Touchet Rd for 20 miles. Touchet Rd turns into Forest Road 64. Turn onto Forest Road 6400650. The crossing is immediately after the intersection of Rd 64 and Rd 6400650. Forest Road 6400650 is the entrance road to Ski Bluewood.

C-3 Noxious Weed Control In order to prevent the potential spread of noxious weeds onto National Forest lands, the Contractor shall: furnish the Forest Service with proof of weed-free equipment.

All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

Equipment, materials, and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspections will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials to be used on the project shall be delivered to the project after inspection and approval.

Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (except passenger vehicles) that leave the job site shall be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

C-4 Applicable Specifications (Road Projects) Standard and Supplemental Specifications for FP-03 shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The Supplemental Specifications shown on the specification list are physically attached.

C-5 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-6 AGAR 452.211-73 Attachments to Statements 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-7 Estimated Contract Value The Government’s estimate for this project is between $100,000 and $250,000 for all items.

SECTION D - Packaging and Marking

For this Solicitation and resultant contract, there are NO clauses in this Section.

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): http://www.acquisition.gov/far/" http://www.acquisition.gov/far/

FAR 52.246-12 Inspection of Construction (APR 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.

SECTION F - Deliveries or Performance

F-1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days. The time stated for completion shall include final cleanup of the premises.

NOTE: Work is estimated to begin July 8, 2013.

F-2 FAR 52.242-14 Suspension of Work (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F-3 AGAR 452.236-75 Maximum Workweek - Construction Schedule (NOV 1996) Within five calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 proposes to carry out the work.

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

NOTE: In-stream work window is July 15th-August 20th, 2013.

SECTION G - Contract Administration Data

G-1 AGAR 452.215-73 Postaward Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at: Umatilla National Forest; Supervisor's Office located in Pendleton, Oregon or another mutually agreed upon location.

G-2 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-3 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 251.01 Riprap Class 3 $25 20 yd Griffin Mountain Pit July 8, 2013 322.01 Minor Aggregate Course $270 300 yd³ Chase Mountain Pit July 8, 2013

G-4 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

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

G-5 APPROVAL OF SUBCONTRACTING

The Contractor shall request approval from the Contracting Officer prior to 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:

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

G-6 INVOICE PROCESSING

All invoices shall be sent to the following address:

Invoices shall comply with the invoice requirements of the Prompt Payment Act and FAR 52.232-27.

SECTION H - Special Contract Requirements

H-1 Product Substitution Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

H-4 Submittals, Shop Drawings, Material Certifications and Testing Reports The following shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal Traffic Control Plan

FSSS 156

7 Days Erosion Control Plan

FSSS 157

7 Days De-Watering Plan General Notes (Sheet #3) 7 Days Hazardous Spill Plan

FSSS 107

7 Days Safety Plan

FAR 52.236-13

7 Days Hot Asphalt Mix

FSSS 404.02

7 Days

Shop Drawings The following shop drawings shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal 16’ Span by 7’1” Rise by 98’ Length Structural Plate Arch 603.04-1 7 Days Pre-Cast Concrete Stem-Wall Footers (5’ Total Height by 3.5’ Width by 100’ Length) 603.04-2 7 Days

H-5 Moisture Sensitive Soils Contractors are cautioned that the roadway structure is designed so that the completed road will support highway legal loads during a limited use season. Construction equipment often subjects the uncompleted roadway structure to loadings it is not designed to support. This is especially critical during periods of excessive moisture. Materials on this project are sensitive to excessive moisture and will require careful selection and scheduling of equipment to permit efficient operation. Any damage resulting from operations, which renders the material unsuitable for use or results in potential siltation of streams, will be corrected by the Contractor at Contractor's expense.

H-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.

H-7 Conformity with Drawings and Specifications Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.

(b) These stakes and control points shall constitute the field control from which the Contractor shall establish other necessary controls and execute the work. The Contractor shall furnish, without additional compensation, all additional stakes, all templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines established. If any construction control points have been destroyed or displaced or are erroneous, the Contractor shall promptly notify the Contracting Officer.

(c) The Contractor is responsible for the preservation of all stakes and control points. The cost of replacing them will be charged to the Contractor when destroyed due to Contractor's negligence or operation.

(d) In the case of alterations which involve any changes in construction staking, the Contractor shall cooperate with the Contracting Officer and facilitate the prompt re-establishment of the field control for the altered or adjusted work.

H-9 Contractor’s Use of Existing Roads The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

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

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

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

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

H-10 Traffic Control The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagman and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

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

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

H-11 Control of Material Rights In and Use of Materials

Material Sources

(a) Designated Sources - Sources of local materials are designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads.

When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with Clauses 52.243-5, Changes and Changed Conditions or Clause 52.236-2, Differing Site Conditions.

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

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

Earthwork Tolerance Changes within specified tolerances (such as adjustment of horizontal or vertical alignment) shall be made as necessary to maintain earthwork quantities substantially as designed within balance points. Such adjustments shall not be considered as "Changes" under Clause 52.243-5.

H-12 Safety The work identified as inherently hazardous in this construction project is the presence of contractor personnel working in areas where construction machinery, including but not limited to trenching machines, backhoes, excavators, crane operations, tractors, or dump trucks, are operating. In addition, deep excavations for installation of structures are inherently hazardous.

Other hazardous conditions may exist due to public use of adjacent public lands during the construction period. Equipment operation may pose a hazardous condition for public if traveling adjacent to the construction area. In accordance with FAR Clause 52.236-13 “Accident Prevention”, the contractor shall submit a written, job-specific safety plan for information and discussion at the post-award meeting.

The Contractor Safety Plan shall identify inherently hazardous conditions that could lead to serious injury or loss of life. It shall also identify and describe how the inherently hazardous conditions shall be mitigated. It shall also identify and describe inherently hazardous conditions including the use of a cell phone while driving (talking or texting while operating a vehicle).

H-13 Suspensions for Other Than Government’s Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for equitable adjustment.

H-14 Additional Requirements or Restrictions Forest Road 650 (Ski Bluewood Entrance) will be closed at the intersection with Forest Road 64 for the duration of the project.

All in-stream work shall be done within the appointed in-stream work window of July 15th to August 20th 2013.

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): http://www.acquisition.gov/far/" http://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/agar.html

SAT=Simplified Acquisition Threshold ($150,000)

FAR 52.202-1 Definitions. (JAN 2012) FAR 52.203-5 Covenant Against Contingent Fees. (APR 1984) applicable if award exceeds SAT FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) applicable if award exceeds SAT FAR 52.203-7 Anti-Kickback Procedures. (OCT 2010) applicable if award exceeds SAT FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) applicable if award exceeds SAT FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) applicable if award exceeds SAT FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) applicable if award exceeds $150K FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) applicable if award exceeds SAT FAR 52.204-7 Central Contractor Registration. (DEC 2012) FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) FAR 52.211-18 Variation in Estimated Quantity. (APR 1984) FAR 52.215-2 Audit and Records - Negotiation. (OCT 2010) applicable if award exceeds SAT FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) FAR 52.219-8 Utilization of Small Business Concerns. (JAN 2011) applicable if award exceeds SAT FAR 52.219-14 Limitations on Subcontracting. (NOV 2011) applicable if award exceeds $150K

FAR 52.222-3 Convict Labor. (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) applicable if award exceeds $150K FAR 52.222-6 Davis-Bacon Act. (JUL 2005) FAR 52.222-7 Withholding of Funds. (FEB 1988) FAR 52.222-8 Payrolls and Basic Records. (JUN 2010) FAR 52.222-9 Apprentices and Trainees. (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards). (JUL 2005) FAR 52.222-12 Contract Termination - Debarment. (FEB 1988) FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) FAR 52.222-15 Certification of Eligibility. (FEB 1988) FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) FAR 52.222-35 Equal Opportunity for Veterans. (SEP 2010) FAR 52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010) FAR 52.222-37 Employment Reports on Veterans. (SEP 2010) FAR 52.223-6 Drug-Free Workplace. (MAY 2001) applicable if award exceeds SAT or if awarded to an individual FAR 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) FAR 52.227-1 Authorization and Consent. (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) FAR 52.228-2 Additional Bond Security. (OCT 1997) FAR 52.228-11 Pledges of Assets. (JAN 2012) FAR 52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995) FAR 52.228-14 Irrevocable Letter of Credit. (DEC 1999) FAR 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) applicable if award exceeds $150K

FAR 52.229-3 Federal, State, and Local Taxes. (FEB 2013) applicable if award exceeds SAT FAR 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) FAR 52.232-17 Interest. (OCT 2010) applicable if award exceeds SAT FAR 52.232-23 Assignment of Claims. (JAN 1986) FAR 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008) FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) FAR 52.233-1 Disputes. (JUL 2002) FAR 52.233-3 Protest after Award. (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) FAR 52.236-2 Differing Site Conditions. (APR 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) FAR 52.236-5 Material and Workmanship. (APR 1984) FAR 52.236-6 Superintendence by the Contractor. (APR 1984) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) FAR52.236-8 Other Contracts. (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) FAR 52.236-10 Operations and Storage Areas. (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion. (APR 1984) FAR 52.236-12 Cleaning Up. (APR 1984) FAR 52.236-13 Accident Prevention. (NOV 1991) FAR 52.236-15 Schedules for Construction Contracts. (APR 1984) FAR 52.236-17 Layout of Work. (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction. (FEB 1997) FAR 52.242-13 Bankruptcy. (JUL 1995) applicable if award exceeds SAT FAR 52.243-4 Changes. (JUN 2007) applicable if award exceeds SAT FAR 52.243-5 Changes and Changed Conditions (APR 1984) applicable if award does not exceed SAT FAR 52.245-1 Government Property. (APR 2012) FAR 52.246-21 Warranty of Construction. (MAR 1994) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) applicable if award does not exceed SAT FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) applicable if award exceeds SAT FAR 52.249-10 Default (Fixed-Price Construction). (APR 1984) FAR 52.253-1 Computer Generated Forms. (JAN 1991)

AGAR 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) AGAR 452.236-72 Use of Premises. (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) AGAR 452.236-77 Emergency Response. (NOV 1996)

I-2 FAR 52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

I-3 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (JUL 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Ronald Buckhalt; 202-205-4008 (phone); RonB.Buckhalt@dm.usda.gov (email)

I-4 FAR 52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50…