AG-24H8-S-13-0080.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

ALLEGHENY NATIONAL FOREST

4 FARM COLONY DRIVE

WARREN PA 16365

24H8

ALAN ZERO 814-728-6288

1x 07/30/2013

AG-24H8-S-13-0080

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

PROJECT TITLE: Loleta Dam Spillway Repairs

The magnitude of this project is between $25,000 and $100,000

The statement of work/Specifications are included in this solicitation and will be included in the award document.

This acquisition is a total small business set-aside per FAR 19.502-2

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will 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.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

21.211-10

08/15/2013

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

ALLEGHENY NATIONAL FOREST

4 FARM COLONY DRIVE

WARREN PA 16365

24H8

ALAN J. ZERO

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-24H8-S-13-0080

Loleta Recreation Area Dam Spillway Repairs

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AG-24H8-S-13-0079

Loleta Recreation Area Dam Repair

PART I – SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

B-1 – SCHEDULE OF ITEMS:

Ite m

No. Description

Method of

Measur e

Pay Unit

Estimate d

Quantity Unit Price Total

Amount Bid

1 Mobilization LSQ LS 1

Erosion and Sedimentation Control Plan LSQ LS 1

3 Vegetation Removal LSQ LS 1

Concrete Spillway Apron Removal and Replacement (Eastside) LSQ LS 1

5 Spillway Repair Other Areas LSQ LS 1

6 Masonry Stone Wall Repair LSQ LS 1

Total Bid =

* Designated Method of Measurement

LSQ – Lump Sum Quantity

LOLETA RECREATION AREA DAM REPAIR

1. PROJECT LOCATION

a. The Loleta Recreation Area is located in Millstone Township, Elk County, Pennsylvania. From Marienville, Pennsylvania take South Forest Street/Loleta Road South approximately 4 miles. The Day Use Area is located on the left just after crossing the bridge over Millstone Creek.

2. GENERAL REQUIREMENTS

a. The work is for emergency repairs to a federally owned dam at the recreation area.

No Army Corp or DEP permits are required for repairs to the dam and spillway structures. Work outside of this scope is not included in this contract.

b. Davis Bacon wage rates apply to on site construction phase of this project.

c. All work shall be in accordance with a Soil Erosion and Sedimentation Control Plan as prepared by the Contractor and submitted to the Forest Service. As soon as slopes, channels, ditches, and other disturbed areas reach final grade they must be stabilized. Upon completion or temporary cessation of the earth disturbance activity, the project site shall be immediately stabilized.

d. Time of performance shall be: 60 days.

e. The Recreation Area will remain open through October. However, the beach and work area will be closed. The Contractor must provide minimal disturbance to the public at all times. Use the designated area for staging. Work is prohibited during holiday weekends. The Work of this Contract will require additional coordination of activities with the Forest Service, the Corps of Engineers, PA Fish and Boat Commission, the Permittee, and other Contractors that may be working on other projects at the Recreation Area.

3. STATEMENT OF WORK

a. Vegetation Removal

i. Remove all vegetation from masonry structures and spillway. Trimming alone is not acceptable. Roots must be removed. Do not use herbicides.

b. Damaged Spillway Apron Repair (Eastside)

i. Remove existing concrete apron including sections not previously moved by flooding – approximately 6.3 feet wide by 46 feet long by 12 inches deep.

1. The existing apron may be broken and utilized as riprap below the rock paving or as rubble fill under the new slab. Pieces used for riprap shall not be larger than 1.5 feet; pieces used for rubble fill shall not be larger than 4 inches.

2. Cut off any exposed steel reinforcement to prevent safety hazard.

ii. Prepare subgrade under new apron.

1. AASHTO #24: fill eroded areas with coarse, free-draining crushed stone without fines.

iii. Replace concrete apron.

1. Dowel upstream edge into spillway.

2. Provide mesh reinforcement.

iv. Re-set displaced large rock riprap below concrete apron.

c. Damaged Spillway Apron Repair Other Areas

i. Grout voids.

ii. Replace missing concrete at gate chute area.

d. Masonry Stone Wall Repair

i. Cleaning: Use pressure washing to remove loose mortar and clean out joints.

ii. Fill deep holes and voids.

1. Replace stonework where missing.

2. Pack deeper crevices with a crumbly damp weak cement mortar.

3. Use pumped concrete grout for large voids where feasible.

iii. Re-pointing masonry.

1. Pointing is considered the last 1-1/2” from the face.

2. Dimensions from 1934 Drawing: Must be field verified.

a. Upstream: 85 feet long on each side.

b. Downstream: 65 feet long on each side.

c. Outlet Gate Pier: 38 feet perimeter.

4. QUALITY CONTROL

a. Contractor Responsibilities: The Contractor shall provide for tests, inspections and other quality control services where specified in the Contract or when required by authorities having jurisdiction. Costs for these services are included in the Contract price. The Contractor shall maintain complete inspection records and make them available to the Government.

b. The Contractor shall employ and pay for a qualified independent testing agency

(Agency) to perform quality control services. The following quality control services shall be provided by an independent testing agency:

i. Concrete Testing

c. Retesting: The Contractor is responsible for retesting, including repeated inspections and other services, where results of the initial tests, inspections or other quality control services indicate noncompliance with the requirements of the Contract.

d. Associated Services: The Contractor shall cooperate with others performing required tests, inspections and other quality control services, shall provide access to the work, and shall furnish incidental labor and facilities necessary to facilitate inspections and tests.

e. Take adequate quantities of representative samples of materials that require testing or assist the Agency in taking samples.

i. Deliver samples to testing laboratories.

ii. Provide security and protection of samples and test equipment at the

Project site.

f. The Agency shall provide qualified personnel to perform required inspections and tests.

g. The Agency shall notify the Government and the Contractor of irregularities or deficiencies observed in the Work during performance of their services.

h. The Agency is not authorized to change requirements of the Contract or approve or accept any portion of the Work. The Agency shall not perform any duties of the Contractor.

5. MOBILIZATION/DEMOBILIZATION

a. Contractor may use on-site power and water if available free of charge for construction related activities necessary to construct this project.

b. Staging area – Portions of the site may be used as staging areas for contractor equipment, material storage and temporary offices. The staging areas shall be cleaned and restored to original condition upon the completion of the project.

Coordinate staging area locations with the Forest Service.

c. The Contractor shall limit use of the premises to the work on the dam.

i. Confine operations to the dam structure as indicated.

ii. Schedule deliveries to minimize on-site storage of material and equipment.

iii. Repair damage caused by construction operations. Take precautions to protect the public.

iv. Existing materials and equipment that are removed as part of the construction operations, and that are not reused or salvaged as Government property, shall become the property of the Contractor and shall be promptly removed from the site.

d. Provide temporary enclosures for protection of construction, as needed. Collect waste from construction areas and elsewhere daily.

e. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erecting structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard involved.

6. EROSION AND SEDIMENTATION CONTROL PLAN

a. Prepare a written Soil Sedimentation and Erosion Control Plan in accordance with the Pennsylvania DEP Erosion and Sediment Pollution Control Program Manual, latest version. It must be available on-site during construction.

7. CONCRETE

a. Concrete Mix

i. Compressive Strength (28 day): 3000 psi

ii. Air Entrainment: 4-7 percent

iii. Slump: 3 inches

b. Admixtures

i. Air Entrainment: ASTM C260; "Aerolith" by Sonneborn Building Products;

"Darex Aea" by W. R. Grace and Company; "MB-VR" by Master Builders Company or approved equivalent.

ii. Use of calcium chloride is prohibited.

c. Reinforcement

i. Reinforcing Steel: Grade 40 or 60, deformed billet steel bars, unfinished.

ii. Welded Steel Wire Fabric: Plain Type, coiled rolls; unfinished.

iii. Tie Wire: Minimum 16 gage annealed type.

d. Quality Assurance:

i. Submit mix designs showing design strength and weights or amounts of cement, aggregate, and admixtures.

ii. Conform to ACI 305R for concreting during hot weather. Conform to ACI 306R for concreting during cold weather.

iii. Certified test (or inspection) reports: provide documents attesting that a product meets a specified level of performance or quality when a prototype specimen is tested or inspected in accordance with a specified procedure, and consist of a certified statement by the product supplier or Contractor accompanied by a complete report of the inspection or test.

e. Place concrete in accordance with ACI Standards.

f. Notify COR at least 24 hours prior to commencement of concrete placement.

g. "Ready-Mixed Concrete" shall be used for all concrete work.

h. Concrete shall be placed in such a manner as to avoid segregation of the mixture.

i. Mechanical vibrators shall be used for consolidation of concrete. If consolidation of concrete with mechanical vibrators is impractical, hand tamping, rodding, and spading will be permitted. A minimum of two vibrators, in working order, shall be on the job during concrete placement.

j. Finish concrete as follows:

i. Spillway finish: coarse broom

k. Excessive honeycomb or embedded debris in concrete is not acceptable. Patch minor imperfections in accordance with ACI 301.

l. Cure surfaces in accordance with ACI 308. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury.

8. STONE REPAIR AND REPOINTING

a. Do not use pre-mixed bagged mortar. Use mortar proportioned from Portland cement, sand, lime, and pigment to match texture and color of existing mortar.

b. Tool the surface to match historic tooling marks.

c. Stone Materials

i. Use natural building stone to match existing variety, color, texture, grain, veining, finish, size, and shape. Cut new stone so that, when it is set in final position, the rift or natural bedding planes will match the rift orientation of the existing stones.

d. Mortar Materials

i. Portland Cement: ASTM C 150/C 150M, Type I or Type II, except Type III may be used for cold-weather construction; white or gray where required for color matching of mortar. Provide cement containing not more than 0.60 percent total alkali when tested according to ASTM C 114.

ii. Hydrated Lime: ASTM C 207, Type S.

iii. Mortar Sand: ASTM C 144.

1. Exposed Mortar: Match size, texture, and gradation of existing mortar sand as closely as possible. Blend several sands if necessary to achieve suitable match.

2. Colored Mortar: Natural sand or ground marble, granite, or other sound stone of color necessary to produce required mortar color.

iv. Mortar Pigments: ASTM C 979/C 979M, compounded for use in mortar mixes, and having a record of satisfactory performance in stone mortars.

v. Water: Potable.

e. Mortar Mixes

i. Measurement and Mixing: Measure cementitious materials and sand in a dry condition by volume or equivalent weight. Do not measure by shovel;

use known measure. Mix materials in a clean, mechanical batch mixer.

1. Mixing Pointing Mortar: Thoroughly mix cementitious materials and sand together before adding any water. Then mix again, adding only enough water to produce a damp, unworkable mix that retains its form when pressed into a ball. Maintain mortar in this dampened condition for 15 to 30 minutes. Add remaining water in small portions until mortar reaches desired consistency. Use mortar within one hour of final mixing; do not retemper or use partially hardened material.

ii. Colored Mortar: Produce mortar of color required by using specified ingredients. Do not alter specified proportions without COR's approval.

1. Mortar Pigments: Where mortar pigments are indicated, do not add pigment exceeding 10 percent by weight of the cementitious or binder materials, except for carbon black which is limited to 2 percent.

iii. Do not use admixtures in mortar unless otherwise indicated.

iv. Mixes: Mix mortar materials in the following proportions:

1. Pointing Mortar by Volume: ASTM C 270, Proportion Specification, 1 part portland cement, 1 part lime, and 6 parts sand. Add mortar pigments to produce mortar colors required if necessary.

f. Partial Stone Replacement

i. Remove defective portion of existing stone unit (backing stone). Carefully remove defective portion of stone by making vertical and horizontal saw cuts at face of backing stone and removing defective material to depth required for fitting partial replacement (dutchman).

1. Make edges of backing stone at cuts smooth and square to each other and to finished surface; essentially rectangular. Make back of removal area flat and parallel to stone face.

2. Do not overcut at corners and intersections. Hand trim to produce clean sharp corners with no rounding and no damage to existing work to remain.

3. If backing stone becomes damaged further, remove damaged area and enlarge partial replacement as required.

ii. Remove mortar from joints that abut area of stone removal to same depth as stone was removed. Remove loose mortar particles and other debris from surfaces to be bonded and surfaces of adjacent stone units that will receive mortar by cleaning with stiff-fiber brush.

iii. Cut and trim partial replacement to accurately fit area where material was removed from backing stone. Fabricate stone to provide joints between partial replacement and other stones that match existing joints between stones.

g. Repointing Stonework

i. Rake out and repoint joints to the following extent:

1. All joints in areas indicated.

2. Joints at locations of the following defects:

a. Holes and missing mortar.

b. Cracks that can be penetrated 1/4 inch (6 mm) or more by a knife blade 0.027 inch (0.7 mm) thick.

c. Cracks 1/8 inch (3 mm) or more in width and of any depth.

d. Hollow-sounding joints when tapped by metal object.

e. Eroded surfaces 1/4 inch (6 mm) or more deep.

f. Deterioration to point that mortar can be easily removed by hand, without tools.

g. Joints filled with substances other than mortar.

ii. Do not rake out and repoint joints where not required.

iii. Rake out joints as follows, according to procedures demonstrated in approved mockup:

1. Remove mortar from joints to depth of 2 times joint width, but not less than that required to expose sound, unweathered mortar. Do not remove unsound mortar more than 2 inches (50 mm) deep.

2. Remove mortar from stone surfaces within raked-out joints to provide reveals with square backs and to expose stone for contact with pointing mortar. Brush, vacuum, or flush joints to remove dirt and loose debris.

3. Do not spall edges of stone units or widen joints. Replace or patch damaged stone units as directed by Architect.

iv. Notify COR of unforeseen detrimental conditions including voids in mortar joints, cracks, loose stone, rotted wood, rusted metal, and other deteriorated items.

v. Pointing with Mortar:

1. Rinse joint surfaces with water to remove dust and mortar particles.

Time rinsing application so, at time of pointing, joint surfaces are damp but free of standing water. If rinse water dries, dampen joint surfaces before pointing.

2. Apply pointing mortar first to areas where existing mortar was removed to depths greater than surrounding areas. Apply in layers until a uniform depth is formed. Fully compact each layer, and allow it to become thumbprint hard before applying next layer.

3. After deep areas have been filled to same depth as remaining joints, point joints by placing mortar in layers. Fully compact each layer and allow to become thumbprint hard before applying next layer. Where existing stone has worn or rounded edges, slightly recess finished mortar surface below face of stone to avoid widened joint faces. Take care not to spread mortar beyond joint edges onto exposed stone surfaces or to featheredge the mortar.

4. When mortar is thumbprint hard, tool joints to match original appearance of joints as demonstrated in approved mockup.

Remove excess mortar from edge of joint by brushing.

5. Cure mortar by maintaining in thoroughly damp condition for at least 72 consecutive hours, including weekends and holidays.

6. Hairline cracking within mortar or mortar separation at edge of a joint is unacceptable. Completely remove such mortar and repoint.

vi. Where repointing work precedes cleaning of existing stone, allow mortar to harden at least 30 days before beginning cleaning work.

h. Final Cleaning

i. After mortar has fully hardened, thoroughly clean exposed stone surfaces of excess mortar and foreign matter; use wood scrapers, stiff-nylon or -fiber brushes, and clean water, applied by low-pressure spray.

1. Do not use metal scrapers or brushes.

2. Do not use acidic or alkaline cleaners.

9. PAYMENT

a. Periodic progress payments will be made for this contract. Prior to beginning work, the Contractor must provide a schedule of values for major portions of the work to be used in calculating progress payments.

b. Payment Includes: Full compensation for all required labor, products, tools, equipment, plant, transportation, services, and incidentals; erection, application, or installation of an item of the Work.

10. SAFETY AND HEALTH

a. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

i. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

ii. 29 CF, Part 1926: OSHA Construction Industry Standards

iii. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants

iv. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous Waste.

v. 40 CFR, Part 761: EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

b. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work.

The Contractor shall have safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

c. Emergency Suspension of Work

In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of non-compliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.242-14, if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

d. Protection of Personnel The Contract shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

e. Environmental Protection

i. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

ii. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

iii. Ensure that all heavy equipment transported to the project area are free of invasive plant propagules and contaminated soil. Clean heavy equipment prior to entering the project area.

SECTION D - Packaging and Marking

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

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

SECTION F - Deliveries or Performance

52.242-14 Suspension of Work. (APR 1984)

452.236-75 Maximum Workweek - Construction Schedule. (NOV 1996)

Within 10 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 40 hours per week Monday through Friday.

(End of clause)

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

(End of clause)

SECTION G - Contract Administration Data

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative(COR) at the time of award.

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.

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 for a contract claim.

SECTION H - Special Contract Requirements

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

SECTION I - Contract Clauses

52.202-1 Definitions. (JAN 2012)

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. (OCT 2010)

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. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 -- System for Award Management (Jul 2013)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.219-28 – Post-Award Small Business Program Representation (Apr 2012)

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. (JUN 2010)

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 Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers With Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.222-54 Employment Eligibility Verification (JUL 2012)

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: [Contracting Officer shall insert full name, phone number, and email address. In addition, the Contracting Officer may include the agency Web site for reporting.]

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2011)

52.225-9 Buy American Act-Construction Materials (JAN 2005)

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)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.228-13 -- Alternative Payment Protections (Jul 2000)

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

A payment bond

An irrevocable letter of credit (ILC)

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

(c) (c) The submission of the payment protection is required within 10 days of contract award.

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

(e) (e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

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

(End of Clause)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.232-17 Interest. (OCT 2010)

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. (JUL 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)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules for Construction Contracts. (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)

52.242-14 Suspension of Work (APR 1984)

52.243-5, Changes and Changed Conditions. (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007)

52.246-21 Warranty of Construction. (MAR 1994)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)

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

52.253-1 Computer Generated Forms. (JAN 1991) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_237.htm#P456_72301

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

(NOV 1996)

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

452.236-72 Use of Premises. (NOV 1996)

452.236-73 Archaeological 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)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.

4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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://farsite.hill.af.mil/vffara.htm

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.

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.

SECTION J - List of Documents, Exhibits, and Other Attachments

Attachment 1 General Decision Number PA130004 072613 PA4 15 pages

SECTION K - Representations, Certifications, and Other Statements of Offerors

452.219-70 Size Standard and NAICS Code Information. (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): 001

- NAICS Code 238110

- Size Standard $14 million

(End of provision)

*Contracting Officer shall insert the appropriate data for each contract line item in the solicitation.

The data entry line may be duplicated as required to describe all of the contract line items or sub-items.

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 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 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; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, 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.

(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 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.

http://fedgov.dnb.com/webform

(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 Provision)

52.209-5 Certification Regarding Responsibility Matters. (APR 2010)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally https://www.acquisition.gov/ determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award.