CONSTRUCTION_0026.pdf

CONSTRUCTION RFP SOL NO: AG-4419-S-10-0026

Oversight & Construction of Drainage System

RECOVERY

Request for Proposal Construction (Repair and Alteration)

FITCHBURG FURNACE

STABILIIZATION PROJECT

Solicitation No.: AG-4419-S-10-0026

Project No.: CIM-0802-09F

DANIEL BOONE NATIONAL FOREST,

WINCHESTER, KY

NAICS CODE: 237310

Proposal Due Date: December 16, 2009 Time: 2:00 PM (EST)

TABLE OF CONTENTS

1.1. General Description of Work

1.3. Schedule of Proposal Activities

1.5. Questions

1.6. Proposal Sealing

1.7. Basis for Proposal Evaluation

1.8. Letter of Acknowledgment – Attachment A

SF1442 – Solicitation (page 1 of 4)

SF1442 – Solicitation (page 2 of 4)

SF1442 – Solicitation (page 4 of 4)

SECTION D--PACKAGING AND MARKING

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

SECTION J--LIST OF ATTACHMENTS

FAR 52.223-1 Biobased Product Certification (DEC 2007)

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

RESPONDENTS

52.204-11 American Recovery and Reinvestment Act—Reporting

Requirements (MAR 2009)

52.215-2 Audit and Records—Negotiation (Mar 2009) – ALT I (Mar 2009)

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements

52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

52.226-2 Historically Black College or University and Minority Institution Representation

52.226-3 Disaster or Emergency Area Representation

52.226-4 Notice of Disaster or Emergency Area Set-Aside

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials

52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements

52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements

Attachment A

Attachment B

1. INSTRUCTIONS

This Request for Proposal (RFP) is issued by USDA Forest Service – EROC East, 1720 Peachtree St., NW, Suite 700, Atlanta, GA 30309, hereinafter referred to as FS, to obtain the services of one General "Prime" Contractor (GC), also referred to as Offeror or Contractor, who shall be singularly responsible to satisfy the terms of the resulting contract. The contract is for Oversight & Construction of Drainage system with the scope of work, specifications and contract requirements included herein.

The contract will be a Firm-Fixed-Priced. The contractor for this contract will be competitively chosen using Source Selection procedures as described within this RFP. FS will evaluate all responses using the criteria stated herein. This is a Best Value Selection, therefore, FS may award, should it determine it to be in its best interest, to other than the lowest priced offeror, and other than the highest technically rated offeror. Therefore, for this procurement, the technical evaluation factors when combined will be more important than cost or price in accordance with the lowest price technically acceptable source selection process.

This is a competitive RFP for HubZone Entities ONLY.

This section contains the specific information and instructions needed to prepare a proposal submission for this anticipated award.

1.1. General Description of Work

The GC will provide all labor, materials, equipment, and supervision for the Design – Build for design, oversight and construction of a drainage system, site grading and road reconstruction

1.2. What Must Be Included with Proposal Submission

In order to properly evaluate proposal received it should include, at minimum, the following:

Cover Should reference this Request for Proposal number and include:

Dunn & Bradstreet Number ______________________________ Tax ID Number ____________________ Note: This information must match the information in the Central Contractor Registration (CCR) website..

Price Proposal

• Price proposal shall be submitted under separate cover and include at minimum:

• Full breakout of labor and materials anticipated.

• Completed Schedule of Items attached in Section I.

• Completed SF1442

• Completed SF 330

Price proposals shall include all fees and charges.

Other than price Technical

1. Past Experiences Provide past experience on restoration and/or stabilization of historically significant structures completed over the past five (5) years. No more than five of the most relevant projects shall be submitted. Experience is relevant when the offeror has been confronted with the kinds of challenges that will be present under the contract contemplated by the RFP. The offeror will be assessed by relevant experience on the basis of its breadth and its depth. For each relevant contract or reference the offeror is requested to provide:

a. Name of the project,

b. Project location’

c. Contact person and phone number,

d. Whether a prime contractor or subcontractor,

e. Key subcontractors and suppliers used,

f. Brief project description, and

g. Work performed on each project.

2. Past Performances Provide relevant experience of when the offeror satisfied performance factors with customers in the past, and complied with Federal, State, and local laws and regulations. The assessment of past performance will be subjective, and based mainly on the offeror’s reputation with their customers and others. We will contact some of your customers as to whether or not they believe:

That you were capable, efficient, and effective;

That your performance conformed to the terms and conditions of your contract;

That you were reasonable and cooperative during performance;

That you were committed to customer satisfaction; and That you were committed to quality work and timely completion.

The government may consider past performance on other governmental projects when that information is available.

3. Staffing Provide names and title of key personnel to be assigned to the project, i.e., Design Engineer, Project Manager, Project Superintendent, and Lead Stone Mason. The key personnel shall be indicated in an organizational chart relative to each person’s role. The offeror shall provide the qualifications of all key personnel, including but not limited to, experience, education (stone masons include any current relevant certifications and/or experience). Evaluations will be based on the relationship of the experience and education to the needs of specific project.

4. Attendance at the Pre Bid Site Showing Attendance is mandatory. Bids will not be evaluated from firms who are not represented at the site showing.

II.Price

Provide Price proposals shall be provided separately from the Technical Proposal. Each Price Proposal shall be evaluated to determine its reasonableness for the effort proposed and to determine the demonstrated understanding of the level of effort needed to successfully complete the project.

A detail cost break down shall be provided, which displays labor hours, material costs, and subcontractor costs by task.

Provide costs summarized into the Schedule of Items provided in Section B of the Solicitation.

The government reserves the right to request additional information as required to fully understand the contractor’s pricing structure and determine its reasonableness. The government also reserves the right to award without discussions if it is deemed in its best interest.

Financial- Proposal shall provide verification of financial status of the company, credit information.

1.3. Schedule of Proposal Activities

Submission:

Proposals for the RFP shall be received at the following location:

Attention:

Cassandra Carey, Contracting Officer 1720 Peachtree St., NW Suite 700 Atlanta, GA 30309

RFP submissions must be delivered complete by 2:00 PM, EST on December 16, 2009 to the above address.

Proposal received after the 2:00 PM EST on December 16, 2009 will not be considered and will be returned unopened.

Quantity: The Offeror shall submit two (2) copies of all proposals

1.4. Location of Work

Work is to be performed on the Morehead Ranger District of the Daniel Boone National Forest in Kentucky.

1.5. Questions

Questions: All questions concerning proposal submissions shall be directed to the Contracting Officer, Cassandra Carey at cncarey@fs.fed.us, the Contract Specialist JoAnn Doughty at jdoughty@fs.fed.us and the Contracting Officers Representative (COR) mjacobsen@fs.fed.us via email only.

The subject line shall read: Questions RFP # AG-4419-S-10-0026

THE LAST DAY TO SUBMIT QUESTIONS IS: December 4, 2009 at 4:00pm EST

1.6. Proposal Sealing

The contents of each proposal submission are to be placed in sealed envelopes or other sealed enclosure and identified with Offeror’s Name, Project Name, submission material title/heading, Dunns Number , RFP number, and the time/date delivery requirement.

1.7. Basis for Proposal Evaluation

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government in accordance with best value criteria. Although price will be a large factor in the selection process it will only be considered for those who are in the competitive range in accordance with Lowest Price Technically Acceptable Criteria of the FAR 15.101-2. Technical and Past Experience will considered for competitive range determination.

1.8. Letter of Acknowledgment – Attachment A

Please complete the attached letter of acknowledgment and forward to the Contracting Officer at cncarey@fs.fed.us by November 24, 2009 to verify your intention to place a proposal.

1.9 RECOVERY

This project is funded in whole by the American Recovery and Reinvestment Act (ARRA) of 2009 and is subject to mandatory quarterly reporting pursuant to FAR 52.204-11

SF1442 – Solicitation (page 1 of 4)

SF1442 – Solicitation (page 2 of 4)

SF1442 – Solicitation (page 4 of 4)

SECTION C—SCOPE OF WORK

Scope of Work for Design-Build Services I. General

A. Introduction

The project will require a Design/Build team. An engineering firm is to perform design work and construction oversight for the drainage to be installed behind the furnace and site work and road reconstruction. A construction company is to construct the drainage system, site grading and perform maintenance on the access road to the stone quarry, along with having a certified master stone mason to cut and install the replacement stones in the arches. Work on the drainage system is to be done in conjunction with archaeologists that will be provided by the Forest Service via separate agreement.

B. Description of Work

1. Repair and reface damage to furnace arches.

a) Using stone from historic quarry, repair furnace arches. Techniques for stonework must be in keeping with original work during construction of furnace. (Quarry is located off site. Contractor is expected to transport stone to site.) Access to the quarry requires reconstruction of approximately 500 lineal feet of retired county road.

2. Archaeological excavations and construction of drainage around furnace.

b) Design and construct foundation drainage around furnace. A requirement of the drainage excavation is cooperation with professional archaeologists (archaeologists will be provided under separate agreement).

C. Location: The project is located at the Fitchburg Furnace in Estill County KY. Specific location is at coordinates of LAT 37.732142 /LON -83.852129.

D. Pre-Bid Tour: A pre-bid tour is planned at the project site (see location above). Attendance is mandatory.

Date & Time: December 2, 2009; 10:00 a.m.

E. Utilities: The DB shall coordinate utility locations and shall preserve or replace any utilities.

There are no Government sanitation, water, electrical or housing services available. The DB shall be responsible for temporary facilities.

F. Review Comments: The Forest Service will provide review comments at each submittal stage. The DB shall participate in a conference call or design review meeting with the Forest Service Design Team to discuss and find resolution to comments to the satisfaction of the Forest Service. The DB shall annotate and provide a written response to each comment, documenting the agreed to resolution. Only the Forest

Service can delete comments. Forest Service review will include the services of the Regional Office

Technical Services Team and additional resources as deemed necessary.

II. General Project Requirements

A. DRAWINGS

All drawings shall be prepared in AutoCAD release 2009 version or newer

At each of the intermediate submission stages, the drawings shall be provided in hardcopy and electronic as required in the Submittal/Delivery schedule

The Final project Drawings shall be provided in both hardcopy and electronic formats.

The Final drawings shall include a cover sheet, provided by the governemnt, to include the signature review of the Forest Supervisor, RHELM Staff Officer, Forest Archeologist, and Designer.

The electronic copies shall be provided in both PDF and DWG formats.

The DWG drawings and specifications shall be provided on a separate CD.

D. SPECIFICATIONS

Specifications shall be prepared utilizing the CSI Master Format.

Final Project Specifications shall be provided in hardcopy, and electronically in Microsoft Word and

PDF formats.

E. DESIGN PHASES

1. 35% Design Submittal

a. The preliminary design (35% complete) submission shall consist of:

b.Preliminary drawings, draft supplemental specifications, and preliminary cost estimate.

2. Advance Final Design (95%)

a. General: The advanced final design shall represent a product which is nearly complete with only the omission of a few minor details/items. All previous review comments shall have been incorporated into the design. Include drawings, specifications and detailed cost estimate.

3. Final Design (100%)

a. General: Accomplish the final detail design of the project complete with all component parts and appurtenances. The final designs shall be based upon the project criteria and approved 35%-95% designs, and permit conditions.

b. The Final Design shall consist of complete drawings (all previous review comments incorporated), complete specifications (all editing completed), and any other documents required for the advanced final review which were revised.

III. Construction Requirements

A. Construction shall be in accordance with Forest Service approved drawings and specifications.

All work shall be in compliance with applicable codes (OSHA, etc.)

B. Pre Construction meeting. Prior to the start of any on site construction activities, the DB contractor shall hold a preconstruction meeting near the vicinity of the project. The meeting schedule and location shall be coordinated and approved by the government. As a minimum the DB contractor shall come prepared to discuss the following items:

� Identify the full time construction superintendent.

� Safety officer and general safety

� Review of the Construction schedule

� Review of key items in the plans and specifications

� Erosion control methodologies

� Other items identified by the government prior to the meeting

C. In order to address the drainage problem we are proposing to install a subsurface collection drain along the back side of the furnace near the bedrock-foundation interface. This drain would be located in the space between the furnace and where the powerhouse used to be located. When the furnace was in operation this area was an open walkway. It is now filled with brick rubble.

The collection drain could be tied to an existing drain on the southwest side of the furnace, which drains to a pond south of the furnace. Depending on the slope behind the furnace, at the foundation level, it may also be necessary to install an additional drain on the north side of the furnace to remove the water from the collection drain. This drain could tie into the existing drainage ditch located east of the furnace along the road.

In order to install the drain it will be necessary to excavate the area behind the furnace. Test excavations and the stabilization work in this area indicate the majority of the fill is brick rubble associated with the furnace power house. The fill also contains isolated metal artifacts and eroded stone from the furnace. The proposal is to remove the rubble fill with power equipment, most likely a small back hoe, similar to the one used to excavate in this area during the stabilization work. All excavations will be monitored and supervised by an archeologist under a participating agreement with the Forest Service, and therefore will be no additional costs to this contract. If intact features are encountered the backhoe operations will be suspended and an archaeologist will excavate and record the feature.

Previous work in this area indicates that portions of the front wall and or foundation stones of the power house are still in place. This work will expose this wall. Removal of fill material adjacent to the wall will be done by hand. If conditions allow, newly exposed walls and features, such as the passage ways into the furnace will not be reburied.

After the drain has been installed the area will be backfilled to a level that approximates the original grade level of the furnace when it was in operation. The fill areas further removed from the furnace and adjacent to the powerhouse will be contoured to a stable slope. When completed, this project will have opened up the area behind the furnace and will allow the public to better experience what the furnace was like when it was in operation.

If the second drain is needed to drain the north end of the collection drain, the excavation of the trench will also be supervised and monitored by an archaeologist under a participating agreement with the Forest Service, and therefore will be no additional costs to this contract. Previous subsurface exposures and excavations indicate that the soil matrix is composed of slag, brick rubble and isolated metal fragments. No features are believed to be located along the proposed trench location. However, if any extant features are encountered they will be excavated by hand and documented.

During a recent visit to the furnace surface water was found pooling near the northeast corner of the furnace. Minor modifications and grading in this area should be designed and constructed to improve the situation and have a positive drainage away from the furnace. The soil in this area is primarily re-deposited fill consisting of brick rubble and slag.

Another main item of work is to acquire single stones from the original quarry located on private land in the area and using a certified master craftsman dry stone mason, cut and reconstruct specific stones that are cracked, broken or missing located in the various arches leading into the furnace.

Discussions with the private quarry landowner indicate that stones will be available; however, the access road will need minor reconstruction for trucks to access the quarry and haul the stones to the furnace.

In summary, this project will require a Design/Build team consisting of an engineering firm to perform design work and construction oversight for the drainage structures and site work, and a construction company to construct the drainage, site grading and road maintenance along with a certified master stone mason to cut and install the replacement stones in the arches.

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988)

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

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 275 calendar days. The time stated for completion shall include final cleanup of the premises.

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

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following 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 hours.

SECTION G--CONTRACT ADMINISTRATION DATA

SECTION H--SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JUL 2004) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records -- Negotiation (JUN 1999) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008)

Alternate II (Oct 2001) 52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (APR 2008) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222.38 Compliance With Veteran’s Employment Reporting Requirements (DEC 2001)

52.222.41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222.44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (FEB 2002) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (FEB 1992) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) 52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.228-15 Performance and Payment Bonds – Construction (NOV 2006) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232.8 Discounts for Prompt Payment (FEB 2002)

52.232.9 Limitation on Withholding of Payments (APR 1984)

52.232.10 Payments Under Fixed-Price Architect-Engineer Contracts (AUG 1987)

52.232.11 Extras (APR 1984)

52.232-17 Interest (OCT 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

52.232.26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (OCT 2008) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

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

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.236-23 Responsibility of the Architect-Engineer Contracts (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUN 2003) 52.236-26 Preconstruction Conference (FEB 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes—Fixed-Price (AUG 1987)—Alternate III (APR 1984) 52.243-4 Changes (AUG 1987) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)

(AUG 1998)

52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984)

52.248.2 Value Engineering-Architect-Engineer ( MAR 1990)

52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

52.249.7 Termination (Fixed-Price Architect-Engineer) (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) 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) 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

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

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)

(1)

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

(A) Change the name in the CCR database;

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

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

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

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

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

FAR 52.236-22 Design Within Funding Limitations (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $195,000.00

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees

(Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.

Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

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

(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,…