Construction_RFP_UnionCkWater.docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-04N7-S-16-0012

2. TYPE OF SOLICITATION

|_| SEALED BID (IFB)

|X| NEGOTIATED (RFP)

3. DATE ISSUED

03-08-2016

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO78818

6. PROJECT NO.

USDA, Forest Service Rogue River-Siskiyou National Forest 3040 Biddle Road Medford, Oregon 97504

USDA, Forest Service Rogue River-Siskiyou National Forest Attn: Contracting 3040 Biddle Road, Medford, Oregon 97504

Maggie Giuliani, Contracting Eric Grim, Technical Contact

B.TELEPHONE NO. (Include area code) (No Collect calls) 541-618-2018 541-618-2065

541-957-3441

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):

UNION CREEK WATER SYSTEM IMPROVEMENTS

Rogue River-Siskiyou National Forest Jackson County, Oregon

THIS IS A TOTAL SMALL BUSINESS SET-ASIDE

Price Range: The Government's estimated price range is between $250,000and $500,000

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

Offferors shall be registered and active in the System for Award Management (SAM) data base prior to award. Information on registration may be obtained via the internet at: http://www.sam.gov All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM System.

11. The Contractor shall begin performance within 10 calendar days and complete project ready for use by 180 calendar days after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| negotiable. (See Section F.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? “yes” (If “YES,” indicate within how many calendar days after award in Item 12B.)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE FACILITY CODE

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

AMOUNTS PLACE AMOUNTS IN SECTION B.

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY

THROUGH THE INVOICE PROCESSING PLATFORM (IPP)

VIA WWW.IPP.GOV

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

MARGARET L. GIULIANI

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

TABLE OF CONTENTS

UNION CREEK WATER SYSTEM IMPROVEMENTS

ROGUE RIVER-SISKIYOU NATIONAL FOREST

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B – SCHEDULE OF ITEMS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

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

SECTION M - EVALUATION FACTORS FOR AWARD

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

UNION CREEK WATER SYSTEM IMPROVEMENTS

Rogue River – Siskiyou National Forest Jackson County, Oregon

PART I—THE SCHEDULE (CONTINUED)

Phase I Base Items:

TOTAL BASE ITEMS $________________

PART I—THE SCHEDULE (CONTINUED)

Phase II Option Items:

NIC*

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

NIC*

XXXXX

*NIC – NOT IN CONTRACT

TOTAL OPTION ITEMS $___________________

TOTAL AMOUNT ALL ITEMS $__________________

PART I—THE SCHEDULE (CONTINUED)

DUNS NUMBER: ______________________________

TAX IDENTIFICATION NUMBER (TIN):____________________________

EMAIL: __________________________________________

B-2 - NOTES:

· Bid Items: Offerors must bid on all items. If offeror does not intend to charge for an Item, a price of ”0” or “NO COST” should be shown

· Bond Premiums: 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 A-1 Mobilization/Demobilization.

· A bid bond (20% of total base bid price) is required for this solicitation. A performance (100%) and payment bond (100%) are required within 10 days after contract award.

· Option Items: Offerors must bid on all items (all Base Items and all Options Items). See “Option for Increased Quantity – Separately Priced Line Items” in Section I, and “Evaluation of Options” in Section M.

· If the Government elects to exercise the Option item, it will be for the total quantity of all payment items within the Option item. Exercise of Option Item may be made by the government within 75 days after contract award.

· Electronic offers will not be accepted. An offer that is emailed to a government account will be rejected.

· This is not a public bid opening. All offers submitted are considered confidential. The name of the contractor and the amount of the contract will be disclosed only after an award has been made.

· Offferors must register in the System for Award Management (SAM) data base (See FAR clause 52.204-7). Information on registration may be obtained via the internet at: http://www.sam.gov All contractors and vendors must complete the electronic version of the Representations and Certifications in the SAM System.

· Contractor must be enrolled in the Invoice Processing Platform in order to receive payment for services rendered. If you are not currently enrolled, please go to https://www.ipp.gov/ , and then Vendor Enrollment. If you experience any issues at the site, please contact customer support at the following:

Customer Support

· (866) 973-3131

· IPPCustomerSupport@fms.treas.gov

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

Offers should be mailed or hand delivered to:

Include the following on the sealed envelope:

RFP Number: AG-04N7-S-16-0012

Name of Project: Union Creek Water System Improvements

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract

The project includes all labor, materials, equipment, supplies, supervision and incidentals necessary for improvements to the existing water system at the Union Creek Recreation Area. This project includes construction of Phase I and portions of Phase II (option items). Work includes, but is not limited to site work; demolition of structures; installation of water lines and related valves, fittings, meters, backflow devices and appurtences; construction of well house building; and installation of electrical connections and controls to new well house building. This project also includes cutting and capping existing asbestos concrete piping.

C-2 Project Location

The project is located in Jackson County, Oregon, near the community of Prospect, on the High Cascades Ranger District, and may be reached by traveling from Medford, Oregon, north on State Highway 62 approximately 55 miles to FSR 6230.

C-3 Price Range

The Government's price range is: between $250,000 - $500,000.

C-4 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-5 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-6 Reference Standards

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

ANSI American National Standards Institute

ASLA American Society of Landscape Architects

ASTM American Society for Testing and Materials 100 Barr Harbor Drive

AWWA American Water Works Association

BAA Buy American Act

CFR Code of Federal Regulations

EPA Environmental Protection Agency

FAR Federal Acquisition Regulations

FHWA Federal Highway Administration

IEEE Institute of Electrical and Electronics Engineers

JCDS Jackson County Development Services

NACE National Association of Corrosion Engineers

NAPCA National Association of Pipe Coating Applicators

NEC National Electrical Code

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

NIOSH National Institute for Occupational Safety and Health

NIST National Institute of Standards and Technology

NSF National Sanitation Foundation

OAR Oregon Administrative Rules

ODEQ Oregon Dept. of Environmental Quality

ODOT Oregon Department of Transportation

OR-OSHA Oregon Occupational Safety and Health Administration

OSHA Occupational Safety and Health Administration

OSHD Oregon Department of Transportation, Oregon State Highway Division

PP Pacific Power

PCA Portland Cement Association

UL Underwriters Laboratories, Inc.

USDA U.S. Department of Agriculture

USFS U.S. Forest Service

SECTION D--PACKAGING AND MARKING

{For this Solicitation, 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E-2 Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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

(b) Inspection and acceptance will be performed at the project site.

E-3 Inspection and Testing Performed By Government

The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-4 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.

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.acquisistion.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F-2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (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 _150 calendar days for base items and 30 calendar days for option item after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

Performance time for the Option Item (if exercised) will run consecutively.

F-3 Project Coordination/Other Work in the Area

Contractor will be required to coordinate with District staff as needed to obtain access keys for well enclosure, etc. The project site will need to remain open during the duration of the work.

Construction activity may be allowed on weekends with prior approval of the CO. Weekends are considered to begin at 5 pm on Fridays and end at 7 am on Mondays. Project activities shall not disrupt normal Nursery function (domestic water service, road access, electrical service, etc.) without 72 hours notice and shall be limited to four (4) hours per occurrence.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996)

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

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.

Property to be Furnished Delivery Point Time of Delivery

NONE

G-3 Contracting Officer's Representative

A Contracting Officer's Representative (COR) will be designated after the contract award. The Contractor will be notified by letter of the name and duties of the COR.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 Physical Data (APR 1984)

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

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

(b) Weather conditions suitable for performance of work are normally expected year around with weather delays typically expected in the Medford area.

H-2 Use of Premises

(a) The project site is accessed by Forest Roads that are to remain open for public use during performance of work under this contract except in the immediate project area which may be closed by contractor during construction activity. Contractor shall conduct work in such a manner as to protect the public.

(b) Activities near State Highway 62 require ODOT permit per Section 22 11 40

(c) Unless provided otherwise, the Contractor shall dispose of solid waste in accordance with applicable Federal, State, and local regulations. Use of Forest Service waste disposal facilities is not allowed.

(d) There are no working toilet facilities at this site. The Contractor shall insall a portable toilet for use, and remove at conclusion of project.

(e) Camping: Campgrounds are located near the project site. For camping permit information, go to the Prospect Ranger Station – 47201 Hwy 62, Prospect OR, (541) 560-3400.

(f) Fuel storage is not allowed within the project site unless noted elsewhere.

(g) Construction activity shall take place during the work week. Weekends are considered to begin at 5 pm on Fridays and end at 7 am on Mondays. Project activities shall not disrupt normal functions (domestic water service, road access, electrical service, etc.) without 72 hours’ notice and shall be limited to six (6) hours per occurrence.

(h) Recreation Restrictions – Work activities (such as tree felling, yarding, hauling on roads not generally used by the public, muffled blasting, use of heavy equipment) that produce loud noises above ambient levels, or produce thick smoke that would enter the stand, should be limited to the work week (Monday-Friday) after 8:00 a.m. between May 1 and September 30; and not allowed on National Holidays or weekends between July 1 and September 30

(i) Wildlife Restrictions (Northern Spotted Owl): Currently there are no known Northern Spotted Owls (NSO) within the project area. If NSO’s are found to be within the project area the Forest Service will notify the contractor in writing and the following provisions must be met:

Work activities (such as tree felling, yarding, hauling on roads not generally used by the public, muffled blasting) that produce loud noises above ambient levels, or produce thick smoke that would enter the stand, will not occur within restricted distances of any spotted owl nest site or activity center of known pairs and resident singles, un-surveyed suitable Nesting Roosting Foraging (NRF) habitat between 1 March and 30 September – unless protocol surveys have determined the activity center or NRF habitat to be not occupied, non-nesting, or failed in their nesting attempt.

Restricted area is calculated as a radius from the assumed nest site or un-surveyed NRF habitat patch. Restricted Distances: ≤65 yards for chainsaws; ≤60 yards for impact pile driver, jackhammer, or rock drill; ≤35 yards for heavy equipment.

(j) Archeological Restrictions: If cultural materials or human remains are discovered during project activities, notify the CO. All work in that area shall stop and the area is to be secured until the Forest archeologist has done an assessment.

H-3 Utilities

(a) Sewer: Not available

(b) Water: Available in reasonable quantities

(c) Electrical: Not available

H-4 Hazardous Conditions Safety Plan Certification

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazard.

Tree felling

Fall hazard from work heights exceeding six feet

Blasting

Tree climbing and/or tower climbing

Fire hazards

Steep slopes and/or downed logs

H-5 Product Substitution, Shop Drawings and Material Certification

(a) Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall 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.

(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere or alternative arrangements are made in advance with the project Contracting Officer:

Certified Payroll Record

Government has 14 calendar days to review packet of submittals unless noted elsewhere such as in the specifications. Ommission from this list doesn’t releave the Contractor from submitting documentation as required by the specifications.

H-6 Permits and Responsibilities ( See Section I – FAR Clause 52.236—7)

Contractor is responsible for obtaining a State Electrical Inspection Permit and for having the inspections performed. . ODOT Permit to Occupy or Perform Operations upon a State Highway is required, see Section 22 11 40. Contractor is responsible to comply with all codes, laws and regulations applicable to this work.

H-7 Landscape Preservation

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

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products onsite, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. Servicing of all equipment shall be done only in the area approved by the Contracting Officer. If the total oil or oil products storage exceeds 5000 liters (1,320 gallons) or if any single container exceeds a capacity of 2500 liters (660 gallons), the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor will be required to make reasonable attempts to preserve the scenic and natural environment along this construction project.

(c) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. Material to be removed includes, but is not limited to; used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper, garbage, etc. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

(d) Protection of Botanical Resources - Previously unknown or unlisted populations of Protected, Endangered, Threatened, or Sensitive (PETS) plant species, or potential habitat for PETS species, may be located within the contract project boundaries. Deletion of part of some contract areas may be required to protect these botanical resources. The addition or substitution of other areas may be considered in these cases to maintain contract quantities. The modification of the contract may be required to protect or enhance previously unknown PETS plant populations.

(e) Erosion Prevention and Control - Contractors operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. The kinds and intensity of erosion control work done by the Contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately proceeding expected seasonal periods of precipitation or runoff.

If the Contractor fails to do seasonal erosion control work prior to any seasonal period of precipitation or runoff, the Government may (1) by contract or otherwise, perform erosion control work and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such erosion control work or (2) terminate the contract for default.

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

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

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

H-11 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance – Work on a government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(End of Clause)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.232-27 Prompt Payment for Construction Contracts (JUL 2013)

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)

Alternate I (APR 1984)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I-2 52.204-7 System for Award Management. (JUL 2013)

(a) Definitions. As used in this provision— “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 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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

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

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

(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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov .

(End of clause)

I-4 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I-5 FAR 52.225-9 Buy American Act-Construction Materials (MAY 2014)

(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 46 U.S.C. 40102(4), 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—

(3) 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

(4) 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…