S-10-0063-Channel-Creek_Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-05M6-S-10-0063

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

07/23/10

PAGE OF PAGES

1 of

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Mt Baker-Snoqualmie National Forest 2930 Wetmore Avenue Suite 3A Everett, WA 98201

Contracting Officer Mt Baker-Snoqualmie National Forest 2930 Wetmore Avenue Suite 3A Everett, WA 98201

9. FOR INFORMATION

CALL:

A. NAME

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

425-446-2743

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):

CHANNEL CREEK FISH PASSAGE

Mt Baker-Snoqualmie National Forest

Mt Baker Ranger District Whatcom County, Washington

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

Technical Contacts: Peter Wagner: office: (360) 854-2621 cell: 360-840-5102 Luke Silvis: office: (360) 854-2624 cell: 360-448-9945

This solicitation is 100 percent set-aside for certified HubZone businesses

11. The Contractor shall begin performance within 10 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 4:00 pm (local time 8/24/10 . 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. (20%)

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

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

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

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

PART I - THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

CHANNEL CREEK FISH PASSAGE

Mt Baker Ranger District

Mt. Baker-Snoqualmie National Forest Whatcom County, Washington

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

15101

Mobilization

Lump Sum 1

15201 Construction survey and staking, method I, tolerance C

15713

Soil Erosion & Pollution Control

20101

Clearing and grubbing

*Acre 0.6

20301

Removal of existing 54” x 125’ culvert

*Each 1

20415

Unsuitable Excavation

*Cubic Yard 1254

20962

Structure excavation

*Cubic Yard 560

20963

Structural backfill

*Cubic Yard 344

25101

Placed riprap, Class 6

*Cubic Yard 50

32201 Aggregate surface course, grading D, compaction method B (commercial source)

*Ton 155

55201

Structural concrete class A(AE)

*Cubic Yard 29

60304 12’ span, 6’‐3” rise, structural plate arch, 6”x2” corrugations, .111 inch thickness

*Foot 65

62501

Seeding, Dry method

*Acre 0.4

NOTE: *=Contract Quantity

TOTAL PRICE $______________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 DESCRIPTION OF WORK:

This project consists of the construction of one bottomless arch with a 12 ft span and 65 ft in length. Work includes but is not limited to clearing, excavation & embankment, channel bed construction, riprap, concrete, structural plate assembly, culvert removal, placement of crushed base, and other associated work.

C.2 PROJECT LOCATION:

From Sedro-Woolley, Washington head East on State Route 20 approximately 17 miles, turn left onto the Baker Lake Highway and go approximately 25.1 miles to Channel Creek and the project site.

C.3 CONTRACT TIME:

Estimated start work date is September 7, 2010 or in the fall of 2011. Contract time is 60 calendar days.

C.4 STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON

FEDERAL HIGHWAY PROJECTS (FP-03) (2003)

These specifications are included by reference only. The requirements contained in these Standard Specifications are hereby made a part of this solicitation and any resultant contract. They are available online at http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm

C.5 MATERIAL CERTIFICATIONS, INVOICES, AND TESTING REPORTS

Materials associated with the following Pay Items will require certifications and/or testing reports submitted to the Contracting Officer Representative.

As required for in Specifications for Items 2510, 30103, 55201, 55404, 60304, and 62501.

C.6 WILDLIFE RESTRICTIONS (INCLUDING FISHERIES):

Note: The Instream Work Window for this project is July 1st to September 30th annually.

C.7 SHOP DRAWINGS:

Submit the following shop drawings (4 sets unless noted). See FAR section 52.236- 21(e) for Contractor's coordination, review, and approval requirements; see 52.236- 21(f) for Contractor's duty regarding shop drawings showing variations from contract requirements.

Referenced by Time for Government Title Section No. Approval After Submittal

Bottomless arch and Supplemental 21 Days footings specification

C.8 MATERIAL CERTIFICATIONS, INVOICES, TESTING REPORTS & OTHER

SUBMITTALS

Submit the following certificates, test reports, samples and test data for this project (3 sets each except only 2 samples unless noted). See FP-03 sections 104, 106 and 571 for timely submittal and approval by the Contracting Officer.

Brief Title

Basic Reference

Section

Detailed Requirements Subsections

Number of Copies to Submit

Time for Government

Approval After Total

Submittal As Built Drawings

104 104.03 1 21 Days

Aggregate Certification

324 703.06 725.01

1 7 Days

Concrete Mix Design

552 552.03 1 7 Days

Steel Structural- Plate Certification

603 707.04 1 7 Days

Reinforcing Steel Information

554 709.01(a) 1 7 Days

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 INFORPORATED 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)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 60 calendar days from date of issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at: (Location to be determined following contract award).

H.2 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS ( FAR 52.236-9) (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the location of which are made know to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

H.3 USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, written permission shall be obtained through the Contracting Officer. A camp is interpreted to include the campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless provided otherwise, the Contractor shall: (i) provide and maintain sanitation facilities for the workforce at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

H.4 ARCHAEOLOGICAL OR HISTORIC SITES (USDA 452.236-73) (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.5 CONTROL OF EROSION, SEDIMENTATION AND POLLUTION (USDA 452.236-74) FEB

1988)

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

(b) Pollutants such as fuels, lubricants, bitumen, raw sewage, and other harmful materials shall not be discharged on the ground; into or near rivers, streams, and impoundments; or into natural or manmade channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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

H.6 RIGHTS IN AND USE OF MATERIALS

(a) The Contractors, with the written approval of the Contracting Officer, may use on the project suitable stone, gravel, and sand or other material found in the excavation. Payment will be made both for the excavation of such materials at the corresponding contract unit price and for the pay items for which the excavated material is used. The Contractor shall replace without additional compensation sufficient suitable materials to complete the portion of work which was originally contemplated to be constructed with such material.

(b) Materials produced or processed from Government lands in excess of the quantities required for performance of this contract are the property of the Government. The Government is not obligated to reimburse the Contractor for the cost of their production.

H.7 STORAGE AND STOCKPILING OF MATERIALS

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

H.8 EMERGENCY RESPONSE (USDA 452.236-77) (NOV 1996)

(a) Contractor's Responsibility for Fighting Fire. (1) The Contractor, under the provision of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish, all fires on the work site other than those fires in use as a part of the work. (2) The contractor may be held liable for all damages and for all costs incurred by the Government for labor subsistence, equipment, supplies, and transportation deemed necessary to suppress a fire set or caused by the Contractor or the Contractor's agent or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(c) Contractor's Responsibility for Responding to Emergency. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to restricted to fire fighting).

An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

H.9 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 ensure 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 6,000 litters or if any single container exceeds a capacity of 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.

H.10 CONTROL OF NOXIOUS WEEDS--CLEANING OF EQUIPMENT (March 2004)

To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision, and shall notify the Forest Service prior to moving each piece of equipment onto National Forestland, unless otherwise agreed in writing. Notification will include identifying the location of the equipment's most recent operations.

The Contractor shall certify, in writing, compliance with the terms of this clause prior to each start-up of operations. For the purposes of this clause, "equipment" includes all motorized equipment operated off system roads, transport vehicles, and all motorized equipment used in road maintenance. Not included are log trucks, chip vans, pickup trucks, cars, or other vehicles used to daily transport personnel.

H.11 PHYSICAL DATA

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. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Forest Personnel.

Weather Conditions: Normal west slopes of Cascade Mountains weather.

Elevation of this project is 900'.

Transportation facilities: Forest Service Road access is good (20 miles of two-lane paved road and 5 miles of single-lane gravel road wih turnouts).

Other Physical Data: None

H.12 WDFW-USFS INTERIM MOU PROVISIONS (January 2005)

A copy of this MOU document must be on site at all times when work is conducted under its provisions.

The following provisions are applicable to this contract:

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Timing

1. Freshwater hydraulic projects shall normally be implemented only during the work periods outlined in Appendix D. Other timing will be allowed on a site-specific basis if the Forest Service fish biologist and WDFW Area Habitat Biologist agree that implementing the activity outside of the normal period would be unlikely to cause negative impacts to fish. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

2. Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill of a culvert that is in place. These projects are still bound the other provisions in Appendix A. The Forest Service shall notify the appropriate WDFW Regional Habitat Program Manager prior to implementing work on these hydraulic projects outside the work periods specified in Appendix D.

3. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

4. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than

¼ mile from fish-bearing water are not subject to the work periods specified in Appendix D unless USFS fish biologist determine the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

5. Any pump used for diverting water from a fish-bearing waterbody shall be equipped with a fish guard to prevent passage of fish into the pump. The pump intake shall be screened with 3/32 inch or smaller mesh. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the water body through the pump intake.

6. Fish within construction sites that will be dewatered or isolated from the main water body will be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all in water activities.

7. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager. Outside of business hours, notification shall be made to the Washington State Emergency Management Division of the Department of Ecology at 1-800-258-5990.

Erosion and Wastewater Control

8. Alteration or disturbance of the bed, banks, and vegetation of waterbodies shall be minimized and limited to that necessary to construct the project.

9. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into waterbody. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, other methods prior to the fall rainy season.

10. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood.

11. Wastewater from project activities shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

Heavy Equipment

12. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized.

13. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

14. To prevent contamination, equipment used around waterbodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants. Spill containment equipment and material shall be on site.

Concrete and Treated Wood

15. Fresh concrete, concrete by-products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

16. Treated wood used for hydraulic projects shall meet or exceed the standards established in the most current edition of "Best Management Practices For the Use of Treated Wood in Aquatic Environments” developed by the Western Wood Preservers Institute. At the time of the signing of this MOU, the most current version is the July 1996 edition.

PERMANENT CULVERT INSTALLATION AND REPLACEMENT

NOTE: Permanent culvert installation and replacement projects include installation of new culverts that are installed for more than one year and replacement of existing culverts with similar or larger structures.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting permanent culvert installation or replacement projects.

1. Construction sites shall be dewatered or isolated from flowing waters to prevent generation of sediment and minimize turbidity.

2. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

Equipment operation within the stream channel inside of the approximate culvert footprint is permissible so long as the stream has been dewatered.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation

(JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration

(OCT 2003)

52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

I.2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

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

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

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

(b)

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

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer.

The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

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

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

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)

(1)

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

(A) Change the name in the CCR database;

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

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

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

I.3 FAR 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIAL (FEB 2009)

(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 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.4 FAR 52.228-1 BID GUARANTEE (SEP 1996)

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

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

The Contracting Officer will return bid guarantees, other than bid bonds –

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $1,000,000, whichever is less.

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

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

I.5 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause—

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

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

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

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

(3) Additional bond protection.

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

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

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

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

U.S. Department of the Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01

Hyattsville, MD 20782.

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

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