RFQ AG-3604-S-10-0022 Demolition of Two Buildings at Marcell Research Center..pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 38

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-3604-S-10-0022 05/28/2010 388553

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) USDA Forest Service, Northern Research Station 11 Campus BLVD, Newtown Square, PA 19073

See Section F

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY XX FOB DESTINATION NAME TELEPHONE NUMBER See Section F OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Matt Parlett mparlett@fs.fed.us 610 557.4237 a. NAME OF CONSIGNEE

8. TO: USDA Forest Service-Northern Research Station-Marcell Research Center

a. NAME b. COMPANY b. STREET ADDRESS 43122 & 43387 Wilderness Trail

c. STREET ADDRESS c. CITY Bovey

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

MN 55709

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

06/28/2010, 3:00 PM

submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

PLEASE PROVIDE DUNS#___________________

PLEASE PROVIDE TIN# __________________ DO NOT ENTER PRICE HERE

PLEASE PROVIDE PRICE

CONTRACTOR IS TO FURNISH ALL LABOR,

MATERIALS, EQUIPMENT, SUPERVISION, ECT. TO

DEMOLISH TWO BUILDINGS AT THE MARCELL

RESEARCH CENTER IAW SECTION C STATEMENT

OF WORK

IN SECTION B PAGE 3

Contractors are informed to thoroughly read FAR Clause 52.204-7, Central Contractor Reg (Page 18

And 52.204-8, Annual Rep and Certification (Page

26) and complete Online Reps and Certs Applic-

Cation (ORCA) at http://orca.bpa.gov

ALL QUOTES ARE TO BE RETURNED TO MATT

PARLETT AT THE E-MAIL ADDRESS INDICATED IN

ITEM 5b BY 3:00 PM ON June 28, 2010

FAX PROPOSALS WILL BE

ACCEPTED. FAX NUMBER IS 610-557-4224.

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER mailto:mparlett@fs.fed.us

CONSTRUCTION RFQ SOL NO: AG-3604-S-10-0022

UNIT: MARCELL RESEARCH CENTER

PROJ NAME: DEMOLITION OF TWO BUILDINGS

PART I—THE SCHEDULE

TABLE OF CONTENTS

PAGES

SECTION DESCRIPTION LONG PKG SHORT PKG

PART I - THE SCHEDULE

A SF-18, Request for Quotation/Table of Contents 1-2 1

B Schedule of Items 3 3

C Description/Specifications/SOW 4-5

E Inspection and Acceptance 6-7

F Deliveries or Performance 8-9

G Contract Administration Data 10 10

H Special Contract Requirements 11-15

PART II - CONTRACT CLAUSES

I Contract Clauses 16-24

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

J List of Drawings and Attachments 25

Attachment I, Wage Determination 14 Pages

Attachment II, Contractor Responsibility Questionnaire 2 Pages

Attachment III, Building Pictures 9 Pages

Attachment IV, Site Plan Sketch 1 Page

Electronic Payment (All contractors need to register in (www.ccr.gov)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K Representations, Certifications, and Other 26-33 26-33

Statement of Offerors

L Instructions, Conditions, & Notices to Offerors 34-38

M Evaluation Factors for Award 38

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

Item

Number Description Unit Total Amount

1 Contractor shall provide a lump sum to furnish LS $_________________ all labor, materials, supervision, equipment, transportation disposal permits and payments, clean- up and related services to demolish two buildings, including restoration of disturbed ground at the

USDA-Forest Service’s Marcell Research Center facility at Bovey, MN. All work shall be performed in accordance with section C Statement of Work.

QUOTERS PLEASE NOTE:

A. Before preparing your quotation, carefully review Sections C, K, L and M.

B. Only one award will be made as a result of this offer.

C. Under Unit Price, "LS" stands for Lump Sum Quantities (LS).

The quantity denotes one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured.

D. Estimated Price Range for this requirement is between $25,000 and $100,000.

All prospective quoters are encouraged to inspect the site prior to submitting a quote to assess the condition and scope of work proposed. Failure to do so does not relieve the quoter from accurately determining the scope of work required. A "Show-Me-Trip‖ is scheduled for Wednesday June 9 th at

10:00 am Central Time. Interested contractors are to contact Facility Operations Specialist, Eric

Troumbly to confirm attendance. Mr. Troumbly’s contact information is as follows: (Office

Phone) 218.326.7100 Ext: 129, (Cell) 218.259.3607, (E-mail) etroumbly@fs.fed.us. Detailed directions to the Marcell Research Center can be found in Section C of this solicitation under the heading ―SITE INFORMATION.‖ mailto:etroumbly@fs.fed.us

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

DEMOLITION OF TWO BUILDINGS

MARCELL RESEARCH CENTER

DESCRIPTION OF WORK

Furnish all labor, materials, supervision, equipment, transportation, disposal permits and payments, clean-up and related services to demolish two buildings, including restoration of disturbed ground.

SCOPE OF WORK

Demolish and haul away the following:

Old Marcell Field Laboratory – 1,050 square foot lab and bunk house….a one-story wood frame structure with no basement, sitting on a 4‖ WWF-reinforced concrete slab with 5’x 16‖ footings and a 2’ high perimeter foundation wall; space includes lab, bunk room, kitchen , closet, bath, utility room and office. Exterior is wood siding, with an asphalt shingle roof.

Marcell Generator Shed – 96 square foot wooden building on a concrete slab, formerly used for storage and as a generator shed.

Concrete slabs, sidewalks, and buried utility service lines. Sidewalk near the Garage is to be removed, also.

Water well – abandon, infill and cap per state regulations.

Any appliances, furniture, etc. remaining in these two buildings shall also be removed and disposed of.

Restore site to virgin condition, including but not limited to grading to level, seeding native grasses, and mulching.

The Garage building on the same site is to remain.

SITE INFORMATION

The two subject buildings are located in a wooded area. From Grand Rapids, take US 169 NORTH about 8.4 miles. Go Left onto CR-7 for 12 miles. Go Left onto CR-50 for 7 miles. Go Right onto CR-49 for 0.4 miles.

Turn Right & go 0.2 miles. Turn Right onto FORESTRY RD; go 0.9 miles. Turn Right onto WILDERNESS

TRAIL; go 1.8 miles to Address 43837 WILDERNESS TRAIL on Left. Total distance: 30.75 miles.

SAFETY

An Asbestos Demolition Impact Survey and a Lead-Based Paint (LBP) Assessment were done in 2005.

Laboratory analytical results indicated that ACM is present in the office/lab floor tile and in the roofing material on the generator shed and that the paint on the exteriors of both buildings is lead based. There were also minimum levels of LBP detected in the mechanical room and on the furnace duct.

Demolition contractor must use all appropriate caution and protect employee(s) from exposure to these hazardous materials during the project. All ACM and LBP materials shall be handled and disposed of in accordance with local and state regulations.

ELECTRICAL, WATER AND SANITARY SYSTEMS

Underground utilities (waterlines, sewer lines, electrical conduit, etc.) that serve this site should be purged and removed or plugged, as appropriate. NOTE: Contractor to notify ―Call Before You Dig‖ one week prior to starting any excavation. NOTE: Contractor to request local power company to disconnect power to the building and remove meter, one week minimum before doing any demolition. Contractor shall coordinate this closely with the designated Forest Service construction Inspector.

The well shall be abandoned. infilled and capped as per Minnesota state regulations.

The septic mound system shall be demolished and recovered as per Minnesota state requirements. The associated pump, dosing chamber, piping, etc. shall be removed and the remaining portions properly abandoned in place, per state regulations.

SITE INSPECTION

The Contractor shall visit the site to familiarize themselves with actual road conditions, remoteness of location and the buildings.

REFUSE/WASTE DISPOSAL

At the end of the project, all demolition waste is to be disposed of in a landfill designed to handle construction and demolition waste. All ACM and LBP materials shall be disposed of in accordance with local and state regulations.

PLACE OF PERFORMANCE

Work under this contract is at:

USDA Forest Service, Northern Research Station

Marcell Research Center 43122 & 43837 Wilderness Trail, Bovey, MN 55709

Anyone wishing to visit the site should contact Eric Troumbly, Facility Operations Specialist, at 218-

326-7100 ext. 129 to arrange a visit before bidding on this project. It is strongly recommended that all bidders visit the site before submitting a proposal

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

E.2 INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection make reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

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

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E.3 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work performed under this contract shall be by the Contracting Officer's

Technical Representative.

SECTION F--DELIVERIES OR PERFORMANCE

F.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 10 calendar days from the date the Government notifies contractor of award, (b) prosecute the work diligently, and

(c) complete the entire work within 30 Days. The time stated for completion shall include final cleanup of the premises.

F.2 SUSPENSION OF WORK (FAR 52.242-14) (APR 1984)

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or

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

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved

(but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

F.3 PLACE OF PERFORMANCE

The Contractor shall perform all work under this contract at:

USDA Forest Service Northern Research Station

Marcell Research Center 43122 & 43837 Wilderness Trail, Bovey, MN 55709

F.4 AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information 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 proposed to carry out the work.

The maximum workweek that will be approved is 40.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 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, preferable in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.2 PROJECT MANAGER

The offeror is requested to designate a Project Manager to be contacted for prompt contract administration:

Telephone/Cell Number: ______________________________

The contract shall provide a Project Manager who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding this contract. This individual shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager, or a designated representative, shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the Contracting Officer's

Technical Representative (COTR) to discuss problem areas as they occur. The Project Manager or his/her representative shall respond within four hours after notification of the existence of a problem.

The Project Manager shall be able to fluently read, write, and speak the English language.

G.3 INVOICE REQUIREMENTS

One payment, in arrears, will be made upon completion and acceptance of work. The COTR will inspect and accept work. Once work is completed Contractor is to immediately forward an original and one copy of a proper invoice to the Contracting Officer at the address in block 5B of SF-18, Page 1.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 DIFFERING SITE CONDITIONS (FAR 52.236-2) (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the

Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

H.2 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 52.236-3 (APR

1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) the availability of labor, water, electric power, and roads;

(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;

(4) the conformation and conditions of the ground; and

(5) the character of equipment and facilities needed preliminary to and during work performance.

The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

(b) The Government assumes no responsibility for any conclusions or interpretations made by the

Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

H.3 MATERIAL AND WORKMANSHIP 52.236-5 (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The

Contracting Officer may require, in writing, that the Contractor remove from the work any employee the

Contracting Officer deems incompetent, careless, or otherwise objectionable.

H.4 SUPERINTENDENCE BY THE CONTRACTOR 52.236-6 (APR 1984)

At all times during performance of this contract and until the work is completed and accepted, the

Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

H.5 PERMITS AND RESPONSIBILITIES 52.236-7 (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

H.6 OTHER CONTRACTS 52.236-8 (APR 1984)

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with

Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the

Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.7 USE AND POSSESSION PRIOR TO COMPLETION 52.236-11 (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the

Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the

Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

H.8 CLEANING UP 52.236-12 (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

H.9 ACCIDENT PREVENTION 52.236-13 (NOV 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall --

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR

Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any

Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM

385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or

Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the

Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting

Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

H.10 SAMPLES AND CERTIFICATES (AGAR 452.236-76) (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting

Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

H.11 APPLICABLE MINIMUM HOURLY RATES OF WAGES

The attached Wage Determination, No. MN100113 dated 03/19/2010 specifies the minimum hourly rate of wages that shall be paid to laborers and mechanics, etc. employed or working at the site embraced by the specifications. The rate has been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act, as amended by FPR Temporary Regulation 70.

H.12 AVAILABILITY AND USE OF UTILITY SERVICES

In accordance with FAR 52.236-14, "Availability and Use of Utility Services," the following utility services will be made available under the contract:

-WATER

-ELECTRICITY

-SANITATION FACILITIES

The above listed services may not be available directly at the worksite but are available at the Marcell

Research Center.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

252.222-3 Convict Labor (JUN 2003)

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)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000)

52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000)

52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual)

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

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

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

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) http://www.usda.gov/procurement/policy/agar.html

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)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2008)

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)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

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)

(Applicable if contract is over $30,000)

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)

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 http://fedgov.dnb.com/webform

(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.

FAR 52.225-9 Buy American Act-Construction Materials (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 http://www.ccr.gov/

(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…