AG-435H-S-14-0006.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-435H-S-14-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

May 12, 2014

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

530812

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service

Chattahoochee-Oconee National Forest

1755 Cleveland Highway

Gainesville, GA 30501

USDA Forest Service

Chattahoochee-Oconee National Forest

1755 Cleveland Highway

Gainesville, GA 30501

Attn: Contracting. Include solicitation number on envelope.

9. FOR INFORMATION

CALL:

A. NAME

Nina B. Barrow

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

423-476-9706 or e-mail nbarrow@fs.fed.us

SOLICITATION

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

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

Beasley Knob OHV Area Trail System Construction and Rehabilitation

Price Range: between $250,000 and $500,000

Pre-bid meeting will be held on May 22, 2014 at 1000 local time. See Section L for further information.

Offeror Name: ______________________________ DUNS Number: _____________________________

Offeror’s Proposal shall include:

SF 1442 (pages 1 and 2); complete blocks 14 - 20, Completed Schedule of Items, page 3 and 4, Completed Representations, pages 30 - 32, and

Contractor’s Experience Questionnaire

(Performance Survey – to be completed and returned directly to C.O. by three references)

Registration is required in the System for Award Management prior to award of a contract at www.sam.gov

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __0__ copies to perform the work required are due at the place specified in Item 8 by 4:00 PM local time June 11, 2014. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

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

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:nbarrow@fs.fed.us http://www.sam.gov/

STANDARD FORM 1442 BACK (REV. 4-85)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE E-Mail:

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Construction RFP AG-4756-S-14-0006

Beasley Knob OHV Trail Improvement

Chattahoochee/Oconee NF

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

Contractor shall furnish all labor, equipment, supplies, supervision, transportation and incidentals to construct new trails and improve and rehabilitate the existing trails in the Beasley Knob Off-

Highway Vehicle Trail System.

Item 1, Base

Item

Number

Description

MM*

Unit

Quantity**

Unit Price

Total Cost

151(01)

Mobilization***

LSQ

LS

251(01)

Class 1 Rip Rap

AQ

Ton

301(01)

Aggregate Surface Course – GAB

301(02)

Aggregate Surface Course - #4

Stone

622(01)

Excavator #1 – CAT 315 or equal, with Operator

Offered Make and Model:

Hour

622(02)

Dozer #1 – CAT D5 Dozer or equal, with Operator

622(03)

Skid Steer Loader #1, CAT 272D or equal (Skid Steer with 6-way blade and bucket), with Operator

622(04)

Straw Blower/Mulcher with 40’-50’ spread distance, with Operator

623(01)

General Laborer/Faller/Sawyer

623(02)

650(01)

Furnish and Install New Gates

Each

GRAND TOTAL, ITEM 1, BASE: $_______________________

Any or all of the following Option Items may be ordered at the discretion of the Contracting Officer during contract performance at the prices stated. Award of these items will not be made with Item 1, Base.

Item 2, Option Item 1 MM Unit Quantity Unit Price Total Cost

623(03)

Item 3, Option Item 2

622(05)

Excavator #2 – CAT 304 Mini

Excavator or equal, with Operator

Item 4, Option Item 3:

622(06)

Tracked Loader #1 – CAT 953D or equal, with Operator

*MM = Method of Measurement

**Quantity. The quantities shown in the bid schedule are approximate, unless designated as a contract quantity (CQ), and are used for comparison of bids. Payment will be made for the actual quantities of work performed and accepted or material furnished according to the contract. The scheduled quantities may be increased, decreased or deleted. Bid schedule quantities are considered the original contract quantities.

***Mobilization is paid once as a lump-sum quantity. Any movement or transportation of equipment to or from the work areas required to pursue the work, repair or replace equipment, or for the Contractor's convenience, shall be at the Contractor's expense.

AQ = Actual Quantity. These quantities are determined from measurement of completed work.

LSQ = Lump Sum Quantity. The quantities that denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job.

NOTE: Proposals must be submitted in hard copy format to the address in Block 8 on the cover sheet, Form 1442. Faxed proposals will not be accepted. Emailed proposals will not be accepted.

NOTE: Recommended format for bid bonds is the SF-24. Original bid bond must be submitted with the bid. Scanned or photocopied bid bonds will not be accepted.

SECTION C - Description/Specifications/Statement of Work

Scope of Work

Contractor shall furnish all labor, equipment, supplies, supervision, transportation and incidentals to construct new trail segments and improve and rehabilitate the existing Beasley Knob Off-

Highway Vehicle Trail System, resulting in a sustainable trail system. Work will include constructing approximately 3.45 miles of motorized trail suitable for full-size, off-highway vehicle use; converting approximately .75 miles of existing system road into an OHV trail;

obliterating and re-contouring approximately 2 miles of existing trail; and maintaining the remaining 11 miles of existing trail.

Trail construction, obliteration, conversion and maintenance will be a collaborative process between Forest Service Contacting Officer’s Representative/Inspectors and Contractor. The

COR/Inspector will work with Contractor’s Site Superintendent on a daily basis to identify trail design and maintenance needs on the ground.

All equipment proposed to be used for performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of this contract as defined in the specifications. Construction methods used to complete this contract should be consistent with methods used for four-wheel drive, motorized trail construction as described in the project plans.

After each operational shift, equipment hours will be documented in an equipment log and signed by USFS personnel and site superintendent daily; either beginning of shift or end of shift.

Trails within the Beasley Knob OHV Trail System will be managed as Class 4 Four-Wheel Drive

Vehicle trails, as defined in Forest Service Handbook 2309.18, Section 23.23 (see Section J, Exhibit 1). Specific design and construction criteria required to meet this management goal are contained in this Handbook direction. The contractor will be required to utilize this direction and site plans provided by USFS during construction.

OHV Trail Construction

New trail work involves constructing trail where one has not previously existed. New trail centerline has been mapped, surveyed, and flagged on the ground. Contractor will use this centerline to layout and construct the new routes within the construction corridor with operated equipment and labor as needed.

Construct approximately 3.45 miles of new system trail to create loop opportunities, replace dead end routes, and reduce resource impacts on all the system trails within the

Beasley Knob OHV Area. Trails capable of supporting OHV vehicles with an approximate 96”-120” tread will be constructed. When necessary, water control devices such as grade dips, turnouts, reverse grades, and armoring will be used to reduce the potential for future soil movement and sediment transportation. Work will include placement of aggregate.

OHV Trail Conversion

Trail conversion will take place on an existing roadbed, and will result in improving the existing condition. Work may include, but is not limited to, restoring proper drainage to road template, removing vegetation, cleaning out culverts, installing rolling dips, and ensuring that the converted roadway meets standards.

Convert approximately .75 miles of existing system road into the 93/Round Top Trail

System.

OHV Trail Obliteration

Trail obliteration consists of removing sections of trail from the trail system that are not sustainable and result in resource damage. Native materials such as logs, stones, downed brush and debris will be used to close and rehabilitate trails that will be abandoned upon completion of the relocated routes. Mechanized equipment will be used to reshape/re-contour and scarify the old trail tread to a more natural state, reducing constricted water movement and aiding in the re-vegetation of abandoned trail sections

Obliterate approximately 2 miles of existing system trail.

OHV Trail Maintenance

Trail maintenance work includes, but is not limited to, rehabilitating the existing trail system infrastructure by hardening surfaces with stone and/or gravel, clearing drainage devices such as dips, ditches, and culverts, and installing Government-furnished culverts.

Rehabilitate the entire Beasley Knob OHV Area. Rehabilitation will be accomplished through heavy maintenance and hardening of all existing drainage devices and the armoring of drainage devices and existing trail tread where possible. Work will include placement of riprap.

Trail maintenance will be directed on site by the COR/Inspector. All maintenance activities should be performed in accordance with the attached plans and specifications for shoulder de-berming, hardening, dip reconditioning, and culvert and drainage clean-out.

Contractor will be responsible for transporting materials from government-provided storage, and for seeding/mulching disturbed and obliterated areas, as well as installing erosion control measures. Seed/mulching instructions will be given to the Site Superintendent on-site by the

COR/Inspector.

Project Location

The work is to be performed at the Beasley Knob OHV Trail System on the Blue Ridge Ranger

District, Blairsville GA. The project sites can be accessed at four separate areas.

Project Area A: To locate project site from Blairsville: take Hwy 76 east toward

Hiawasee 4 miles. Turn right onto Mariposa Rd. Mariposa Rd. turns into NFSR 745, which serves as an administrative access to the Beasley Knob Area and is closed year round to the public.

Project Area B: To locate project site from Blairsville, take Hwy 76 East toward

Hiawasee 3.3 miles. Turn right onto Rosemary Road. Rosemary Road turns into NFSR

93, which serves as public access into the Beasley Knob area and will be closed to public during the course of this contract.

Project Area C: To locate project site from Blairsville, take 76 East toward Hiawasee 0.7 miles. Turn right onto Windy Rd. Windy Road will turn into NFSR 85, which serves as a public access to Beasley Knob Area and will be closed to public during the course of this contract.

Project Area D: To locate project site from Blairsville, travel south on US Hwy 129 toward Cleveland approximately 1.2 miles from the courthouse traffic circle, turn left on

Town Mtn. Rd. and travel 1.5 miles, turn left on Crump Creek Rd. and travel 1.7 miles, turn left onto NFSR 117, which serves as administrative access to the Beasley Knob Area and is closed year round to the public.

Requirement to Purchase Timber

Contractor will be required to purchase the merchantable sawtimber for a price of $620.47.

Payment must be made before tree cutting can begin. See Section H for further information.

Price Range

The price range is $250,000 - $500,000.

Environmental Considerations

Contractor will dispose of all waste material off of National Forest System Lands. The Contractor shall not perform any equipment maintenance within 100 feet of a stream.

Project Area Specifics

93/Round Top: Create Loop Option and Eliminate Dead-End Route

Construct approximately .70 miles of new OHV trail.

Convert approximately .75 miles of the Bitter Creek system road (NFSR 745) into the 93/Round Top trail system.

Furnish and install three gates.

93C/Nicholson Gap: Relocate a Portion of the System Trail to a Preferred Geographic

Area

Construct two new OHV trail sections: approximately 1 mile, and approximately

.25 miles.

Obliterate two sections of 93C/Nicholson Gap: .63 miles and 1.10 miles.

Furnish and install one gate.

93G/Nelson Cove: Create Loop Option and Eliminate Dead-End Route

Construct 1.50 miles of new system trail.

Obliterate 0.19 miles of existing system trail.

Furnish and install one gate.

Specifications

Project specifications included by reference are Standard Specifications for Construction of

Roads and Bridges on Federal Highway Projects FP-03, U.S. Department of Transportation

Federal Highway Administration. They may be obtained on the internet at http://flh.fhwa.dot.gov/resources/pse/specs/

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.

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

http://flh.fhwa.dot.gov/resources/pse/specs/

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)

(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) of this section.

(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 makes 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.

(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.

SECTION F - Deliveries or Performance

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 180 calendar days following the effective date of the Notice to

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

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 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 6 days per week, Monday through Saturday.

SECTION G - Contract Administration Data

GOVERNMENT- FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

Temporary erosion control materials and devices

Turf establishment material

1. Seed

2. Fertilizer

3. Agricultural Lime

4. Mulch

Culverts

Material Storage Container(s) – will be placed on site by Government

SECTION H - Special Contract Requirements

Timber to be cut during trail construction has been marked. Pulpwood products can be utilized for needs in trail work or left as long as all parts of the tree are removed entirely from the trail and shoulders. The sawtimber products will be sold to the Contractor for the total appraised value of

$620.47. Contractor will execute Forest Service form FS-2400-4, Forest Products Contract and

Cash Receipt, and pay for the timber before cutting begins. The minimum Diameter at Breast

Height (DBH) for Sawtimber is as follows: hardwood sawtimber - 12.0 inches; Southern Yellow

Pine – 9.0 inches, Eastern White Pine – 10.0 inches.

The Contracting Officer for execution of the Forest Products Contract will be Tim Walker, Chattahoochee/Oconee National Forest, Gainesville, GA.

Designated sawtimber trees shall be cut and removed by the purchaser, unless otherwise agreed in writing. Bucking of logs may be necessary for retrieval and skidding. All slash/limbs will be cut to lie within 2 ft. of the ground.

Form FS-2400-4, Forest Products Removal Permit and Cash Receipt, is included as an attachment in Section J.

SECTION I - Contract Clauses

52.202-1 Definitions. (NOV 2013)

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)

(a) Definitions. As used in this provision-

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

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that-

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

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

Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

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

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

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

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

(1) An offeror may obtain a DUNS number-

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

(ii) If located outside the United States, by contacting the local Dun and

Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street

Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi)

Date the company was started. (vii) Number of employees at your location. (viii)

Chief executive officer/key manager. (ix) Line of business (industry). (x)

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

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

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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

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

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

52.217-7 Option for Increased Quantity—Separately Priced Line Item. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of small business concerns. (JUL 2013)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

52.222-5 Davis-Bacon Act--Secondary Site of the Work. (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)

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

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

52.223-14 Reserved

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

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

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

52.228-1 Bid Guarantee. (SEP 1996)

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

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

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

52.228-2 Additional Bond Security. (OCT 1997)

52.228-11 Pledges of Assets. (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds. (OCT 1995)

52.228-14 Irrevocable Letter of Credit. (DEC 1999)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

(a) Definitions. As used in this clause -

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

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

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

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

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

(ii) The Government may secure the additional protection by directing the

Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

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

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department

Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

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

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. (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the

Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

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)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the

Government.

52.236-2 Differing Site Conditions. (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 paragraph (a) of this clause 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.

52.236-3 Site Investigation and Conditions Affecting the Work. (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.

52.236-5 Material and Workmanship. (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.

52.236-6 Superintendence by the Contractor. (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.

52.236-7 Permits and Responsibilities. (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.

52.236-8 Other Contracts. (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.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

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

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

52.236-10 Operations and Storage Areas. (APR 1984)

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the

Government, its officers and agents, free and harmless from liability of any nature occasioned by the

Contractor's performance.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the

Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

52.236-11 Use and Possession Prior to Completion. (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.

52.236-12 Cleaning Up. (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.

52.236-13 Accident Prevention. (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.