DB RFP.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION

NO.

AG-4419-S-10-0029

2. TYPE OF

SOLICITATION

SEALED BID

(IFB)

NEGOTIATED

(RFP)

3. DATE

ISSUED

11/10/2009

PAGE OF

PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE

REQUEST NO. : 325862

6. PROJECT NO.

CIM-0919-9T

7. ISSUED BY CODE 8. ADDRESS OFFER TO:

USDA

US FOREST SERVICE

ATTN: D.E. HILL / EROC-EAST

ATLANTA, GA. 30309

9. FOR INFORMATION

CALL:

A. NAME

Dwight Hill

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

COLLECT CALLS)

(404)347-3847

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):

This project includes the design and construction of an equestrian trail system on the Allegheny National

Forest, Marienville Ranger District, in Warren and Forest Counties, PA.

Price Range

The Government's estimate is between $1,000,000 and $5,000,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within negotiated calendar days after receiving

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED

PERFORMANCE AND PAYMENT BONDS?

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

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 2 copies to perform the work required are due at the place specified in Item 8 by 1700 (hour) local time 12/10/2009 (date). 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 NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO

ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN

COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

31C. AWARD

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

CONSTRUCTION RFP SOL NO

UNIT

PROJ NAME

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 Schedule of Items

ERFO Reconstruction

Item Description Method of

Measure*

Unit of

Measure Quantity

Unit

Price

Subtotal

Price

Base Trail - Spring Creek Design

JOB Lump Sum 1

Base Trail - Spring Creek Construction

JOB Lump Sum 1

Hickory Creek Wilderness Area - Design

JOB Lump Sum 1

**Hickory Creek Wilderness Area - Construction

JOB Lump Sum 1

Collins Pine Design (optional item)

JOB Lump Sum 1

Collins Pine Property – Construction (optional item)

JOB Lump Sum 1

Summers Property – Design (optional item)

JOB Lump Sum 1

Summers Property – Construction (optional item)

JOB Lump Sum 1

Total Price

** Construction work for this item will be added by modification contingent upon the completion of the NEPA process and the availability of funding at the time of the NEPA process is complete.

B-2 Basis for Award

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the proposal determined to represent the best value – the proposal most advantageous to the Government, price and other factors and sub-factors considered.

2. As stated in the solicitation, the Government intends to evaluate proposals, hold discussions, and award a contract In accordance with FAR 15.306. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in the best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offer.

4. As stated in the solicitation, all technical evaluation factors and sub-factors when combined are of equal importance to price.

5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal.

Period of Performance/Estimated Delivery Schedule.

• 10/23/2009 Issue FBO Presolicitation Synopsis (15 days)

• 11/10/2009 Issue RFP (30 days)

• 11/24/2009 Pre-Proposal Meeting / Site Visit

• 12/10/2009 Open offers and evaluate (10 days)

• 12/14/2009 Request BAFO (7 days) (if needed)

• 12/24/2009 Evaluate BAFOs, Recommend Award, SSA approves (10 days)

• 1/5/2010 Award

• 1/15/2010 Issue Notice to Proceed for Phase I

• 6/1/2010 (or sooner if negotiated) Estimated completion date of Phase I

• 6/1/2010 Issue Notice to Proceed for Phase II

• 6 /1/2011 (or sooner if negotiated) Estimated completion date Phase II

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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.

Project Location and Accessibility:

Location The trail is located on the Marienville Ranger District and is indicated on the attached map. A preliminary location has been GPS’d. Contour maps are available at the Marienville District for review by offerors.

Accessibility

The project area may be reached by driving east on Rt. 66 for 3 miles and turn right (south) onto Duhring Rd. for 6 miles until you reach Kelly Pines Horse Camp. Kelly Pines is basically the center point of the trail system however different portions of the system can be accessed by using other Forest Service roads. See attached map.

SUMMARY OF OBJECTIVES

C.1 DECRIPTION OF WORK

Spring Creek Area – Base Trail

General Information:

The ANF receives many inquiries from equestrians unfamiliar with the area that would like maps and marked trails to ride. Administrative records indicate that horseback riding in the Spring Creek area started around 1959. Old pipelines and road traces are present throughout most of the watershed, and most equestrians have followed these existing corridors. However, the small gathering of horses and riders that started in the late 1950’s has increased to the point that formal trails are needed to manage horse use in this area. These corridors are not laid out with good trail design principles, so there are resource impacts on steep slopes, poorly drained soils, and at stream crossings. The impact is primarily soil erosion. It is anticipated that the designation of horse trails will bring more people to the area along with the fact that some public lands in other areas are being closed.

Under the 1986 Forest Plan, equestrians were permitted to ride cross-country and on motorized trails.

Under the 2007 Forest Plan, equestrians must ride on designated trails in identified Equestrian Use Areas (EUAs). Outside the EUAs, equestrians may ride cross-country as long as they do not create a trail. The Spring Creek area was designated as an EUA under the 2007 Forest Plan.

In the fall of 2001, the user-created horse trails were GPS mapped in order to assess their condition and the extent of the trail system for analysis under the Spring Creek Environmental Impact Statement (EIS).

Over 70 miles of trail were mapped; 23 percent of these trails were on roads. Overall the condition of the trails is good, but every trail has at least one problem area where the trail crosses wet soils, steep slopes, or streams. In 2004, the Spring Creek EIS was approved, containing a decision to provide 34.3 miles of equestrian trail. The intent of this project is to use these surveyed, user-created trails to create a designated trail system, designed for equestrian use, in order to implement the Spring Creek EIS decision and to bring the area into compliance with the 2007 Forest Plan. The trail has a preliminary GPS’d centerline and has been tagged with 28.8 miles on National Forest 2.5 miles on private land and an additional 3 miles on Forest Service to include trail connectors from private land for a total of 34.3 trail miles. Trails on two private properties will be separated until easements or rights of ways are approved. This work is considered to be within the scope of this contract and at that time design and construction of the trail on these private properties will be added by modification. If easements are not completed before construction is completed on the base trail, then design and construction will not be accomplished under this contract.

Base Trail Design

Overview Provide survey, planning, design and construction of horse trails that are low maintenance, sustainable, and that meet the needs of the users at a reasonable price.

Project Description

The project involves the survey, design and layout of approximately 28.8 miles of designated horse trail.

The trail has a preliminary GPS’d centerline and has been tagged. Project map is attached.

Management Direction The management prescription for the Spring Creek Horse Trail Project is to provide the user with a variety of experiences from “Easiest to Most Difficult” to provide for riders of all abilities as defined in the Trails Management Handbook FSH 2309.18. There are specific construction criteria to meet this goal (see specifications). The Spring Creek Horse Trail System is a non-motorized trail designed to accommodate horse and pedestrian travel.

Trail Location Criteria

A preliminary GPS line has been selected and mapped by the Forest Service. Location criteria focuses on designing the trail consistent with the management prescription as well as alignment with terrain control points such as flat, wet, and rocky areas. Additional maps will be made available showing points of interest such as rock formations, water crossings, and waterfalls.

The Contractor is required to finalize the location and survey the trail. The design will include the location of drainage structures and features. The Contractor has the latitude to adjust the current location up to 50 feet of either side of the GPS centerline as necessary to better facilitate drainage, grade, and to maintain consistency with project goals. The Forest Service, however, retains final approval of the survey and project. In the event the Contractor determines that the preliminary GPS line is not suitable for trail layout because of sustainability or safety issues, the Contractor will contact the Forest Service with a survey and design relocation; the Forest Service retains final approval of the relocation.

Relocation outside the 50 foot centerline will require further NEPA by the Forest Service prior to the construction stage of the contract.

Progression Of Project

The Contractor must follow the steps established for this project in order to insure timely Forest Service participation at key junctures in the life of the project.

Locating the Trail Final survey approval by the Forest Service of the centerline with stations staked on less than or equal to 100 foot station intervals, or at each trail feature.

Design Submittal approval is required by the Forest Service at the stages of 15%, 35% and at the final stage of 95%. Upon final approval by the Forest Service, the contractor will submit a final survey, work list, and set of appropriate drawings and specifications from Standard Specifications for Construction and Maintenance of Trails, EM7720-103 September1966. Drawings can be found at this website:

http://www.fs.fed.us/database/acad/dev/trails.htm. The contractor will also submit a general trails development plan outlining primary, secondary, and tertiary step, timelines, and estimated costs for construction.

Construction Construction work will be done in accordance with the detailed schedule of items, plans, specifications, and progress schedule developed in the design.

Hickory Creek Wilderness Area

General Information:

Hickory Creek Wilderness Area is one of 2 federal wildernesses in the ANF and is part of the National Wilderness Preservation System, which was established by Congress with the Wilderness Act of 1964.

The Wilderness Act of 1964 defines wilderness as an area of undeveloped Federal land retaining its primeval character and influence. This act also defines a number of wilderness values, including providing outstanding opportunities for solitude or a primitive and unconfined type of recreation. The Pennsylvania Wilderness Act of 1984 established Hickory Creek as a wilderness with a total of 8,663 acres (13.5 square miles). Hickory Creek Wilderness is managed by the Forest Service under the 2007 Forest Plan as a MA 5.1 designated wilderness area which emphasizes the maintenance of wilderness values consistent with the Wilderness Act of 1964 and subsequent legislation. The MA 5.1 design criteria states that this prescription is managed under a semi-primitive non-motorized ROS, which allows up to 2 miles of trail for every square mile of wilderness. Hickory Creek already has 12 miles of hiking trail, which leaves 15 miles allowed for additional trails.

Historically there has been little horse use in and around Hickory Creek. Horseback riding has been increasing in the area now for the past 15 years, but is limited inside the Wilderness to only the lower southwest corner between Bimber Corners and Forest Road 119 where the road crosses the Middle Branch of Hickory Creek. Inside the Wilderness are located numerous railroad grades and roads used during the turn of the 20th century for logging. Many of them were blocked by blown down trees from a tornado that went thru the area in1985 or have been washed out over time by eroding streams. Access is also limited in some parts of the Wilderness due to steep terrain, wet areas, and spring weeps. There are also many heritage sites: old house and camp foundations, logging camps and mills, and also an area that was used to test military cannons during World War II. The Hickory Creek Wilderness Trail, which is a 12 mile loop, runs along the edge of the plateau through the middle of the Wilderness.

Overview Provide survey, planning, design and construction cost estimate of horse trails that are low maintenance, sustainable, and that meet the needs of the users for a wilderness experience at a reasonable price. Once the design is approved and NEPA is completed by the Forest Service it is intended that the contract be modified to do the construction.

Project Description This project involves the survey, layout, and design of no more than 15 miles of horse trails within Hickory Creek Wilderness. Because it is a federally designated wilderness area, no motorized equipment or mechanical transports are permitted during this phase of the project.

Management Direction Trails in the Hickory Creek Wilderness will provide opportunities for unconfined recreation, including exploration, solitude, risk, and challenge in a semi-primitive non-motorized setting. Vegetation changes are left primarily to forces of nature. With the exception of the trail, there will be little evidence of human development as older features are recovering their natural appearance. Scenic integrity is very high throughout the area. The trail shall be designed to be sustainable needing as little maintenance as possible and safe with minimal impact to the natural setting.

Trail Location Criteria The trail will be planned so that it appears to be a naturally occurring travel way used by large local wildlife and will minimize impacts to the surrounding environment as well as protecting views and natural aesthetics. Determine whether areas exist where human activity is detrimental either in total or seasonally and account for those constraints in the trail system design. The trail may cross the Hickory Creek Wilderness trail but cannot use the same trail corridor or location.

Location Hickory Creek Wilderness is located on the Bradford District of the Allegheny National Forest and is indicated on the attached map. Contour and aerial maps are available at the Warren Supervisor’s Office or the Marienville Ranger Station for review by offerors.

Accessibility The project area can be accessed by using Rt. 3005 out of the city of Warren south to McKean Corners turning left at the entrance to Hickory Creek Wilderness Ranch to Forest Road 119 where it crosses the Middle Branch of Hickory Creek. See attached map.

Locating the Trail The layout will be GPS’d and mapped. Any flag lines, stakes, and or tags will be subtle in color and location and will be removed upon final completion. Alternate layouts need to be submitted if potential conflicts are anticipated with other management controls. Final survey approval is required by the Forest Service before design is started.

Design Submittal review and approval of design is required by the Forest Service at the stages of 15%, 35% and the final stage of 95%. The contractor will submit a final survey, work list, and set of appropriate drawings and specifications from Standard Specifications for Construction and Maintenance of trails, EM7720-103, September 1996 Drawings can be found in this website:

http://www.fs.fed.us/database/acad/dev/trails.htm. The contractor will also submit a general trails development plan outlining primary, secondary, and tertiary steps, timelines, and estimated costs for construction.

Construction Construction work will be done in accordance with the detailed schedule of items, plans, specifications, and progress schedule developed in the design. The construction work will be added by modification contingent upon the completion of the NEPA process and the availability of funding at the time of the NEPA process is complete.

Optional Trail Design And Construction

General.

Work under these optional trails is included in the scope of this contract and will be added by contract modification in the event that either or both easements are obtained and funds are available for this work.

Collins Easement Property – Trail Design

Upon acquiring an easement or right of way from the private property owner Collins Pine would be the addition of approximately 1.75 miles of trail on said private property and approximately 2 additional miles of trail on National Forest to establish a connector trail. Standards from Base Trail Design apply.

Summers (Allegheny Trail Ride) Easement Property – Trail Design

Upon acquiring an easement or right of way from the private property owner Summers (Allegheny Trail Ride) would be the addition of approximately 1 mile of trail on said private property and approximately .75 additional miles of trail on National Forest to establish a connector trail. Standards from Base Trail Design apply.

Collins and Summers Easements – Trail Construction

Upon Forest Service and COR approval of final design, specifications, and survey notes, construction may begin on the project on one or both of these easements and would include the associated Forest Service mileage in the event easements or right of ways are acquired.

C.2 FINAL INSPECTION AND ACCEPTANCE

The Forest Service will inspect the facility at a mutually agreed upon time and either fully or conditionally accept the trail from the contractor providing the specifications and other requirements of the contract are satisfactorily implemented.

The Contractor shall be responsible for acquiring the proper permits through the Pa Department of Environmental Protection (DEP) for all stream crossings that affect 100+ acres of watershed in the Forest County Conservation District. The permit package for a General Permit 7 for Minor Road Crossings (GP7) will be prepared and submitted by the Contractor.

In addition to the GP7 application, the Contractor shall submit his/her Erosion and Sediment Control (E&S) Plan to the Forest County Conservation District. The E&S Plan as prepared by the Contractor must comply with Chapter 102 of DEP’s Rules and Regulations as described in the latest edition of the Erosion and Sediment Pollution Control Program Manual (Document No. 363-2134-008). The E&S Plan must be approved prior to the start of construction.

The DEP’s Erosion and Sediment Pollution Control Program Manual can be obtained at the following link: http://www.filtrexx.com/downloads/Penn_DEP_Erosion_and_Sediment_Control_Manual.pdf.

The time involved in permit processing and E&S Plan approval varies by project, but is estimated to take between 30 and 60 days. No work shall begin until the GP-7 permit is issued and the E&S Plan has been approved. There is no charge by DEP for the permit application.

General Notes The following is a list of local vendors where materials can be priced and purchased:

PIPE SUPPLIERS ADDRESS PHONE FAX POC

Catalone Pipe and Supply

15345 Bennetts Valley Hwy Penfield, PA 15849

814-637-

815-550-

Joseph Guilyard

Lane Enterprises 8271 Mercer St.

Pulaski, PA 16143

724-652-

724-652- 0415 Brian Briggs

Seigworth Road Supply Knox, PA 814-797-

814-797-

Allen Seigworth

LIMESTONE

SUPPLIERS ADDRESS PHONE FAX POC

Glenn O. Hawbacker Turtlepoint, PA 814-642-

814-225- 2219 Bill Rees

New Enterprise Stone and Lime Company

301 Plum Creek Road P.O. Box 34 Roaring Spring PA 16673

814-224-

814-224-

Dave Chilcote Jr.

C.3 CONSTRUCTION REQUIREMENTS

A. Construction shall be in accordance with Standard Specifications for Construction and Maintenance of Trails, EM7720-103 September1966. Drawings can be found at this website:

http://www.fs.fed.us/database/acad/dev/trails.htm.

B. Construction shall not begin before approval of fabrication submittals and construction permits.

Contractor shall perform the work in a safe and conscientious manner.

C. Prior to the start of any on site construction activities, the 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 Contractor shall discuss the following items.

i. Identify the full time construction superintendent.

ii. Safety officer and general safety provisions

iii. Identification of the Contractor’s testing and sampling firm.

iv. Review of regulatory permits.

v. Review of the construction schedule.

vi. Review of the submittal log.

vii. Construction staging.

viii. Traffic control.

ix. Review of key items in the plans and specifications.

x. Erosion control methodologies.

xi. Additional items necessary for project coordination.

D. Throughout the course of the Project, the contractor shall hold progress meetings at least every two weeks unless more frequent meeting are required by the Contracting Officer. A progress meeting shall be held prior to submission of any invoice for payment of construction costs. As a minimum, the following items shall be discussed.

i. Review of the project schedule.

ii. Review of the submittal log and submittals in general.

iii. Review of the upcoming work.

iv. Discussion of upcoming progress payment.

v. Additional items necessary for project coordination.

E. Contractor shall be responsible for construction control, including establishing temporary benchmarks, construction surveying and staking, and necessary sampling and testing.

F. Contractor shall construct the project according to the approved Plans and Specifications.

G. Construction equipment and vehicles used off-highway shall be washed clean of excess debris and shall be free of plants parts and weed seeds.

H. Construction shall incorporate the approved erosion control plan.

I. Unless designated for salvage, removed structures and obstructions become the property of the Contractor and shall be disposed legally off National Forest System Land. Timber components are treated and shall not be burned. Salvageable materials shall be handled with care to avoid damage and be delivered to the Forest Service designated storage area.

J. As-Built drawings shall be retained onsite during construction and updated as necessary to reflect changes in conditions or work. Mark such changes in red on the drawings. Submit one set of approved as-built drawings to the Government upon completion of work.

K. The Government will inspect the work at anytime and may reject any work or material found not in compliance with the requirements.

C.4 MEASUREMENT AND PAYMENT

A. The method of measurement for determining final payment for each pay item shall be based on Lump Sum Quantities. See the Schedule of Items.

i. Do not measure directly.

ii. The bid amount is complete payment for all work described in the contract necessary to complete the work for that item.

iii. Progress payment may be made based on a percentage of work completed and approved.

Progress payment does not imply project acceptance.

B. The completed and accepted design will be paid for at the contract lump sum price, which will be full compensation for all design work required to prepare the approved final design.

C. The completed and accepted construction will be paid for at the contract lump sum price, which will be full compensation for the work required in accordance with the approved plans, specifications and requirements.

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

52.246-3 Inspection of Supplies—Cost-Reimbursement.

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)

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 the date negotiated before the award of the contract. The time stated for completion shall include final cleanup of the premises.

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

Within seven 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 negotiable.

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.

452.215-73 Postaward Conference

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be held at: Allegheny National Forest , Supervisor’s Office. The specific address will be provided prior to the meeting.

(End of Clause)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 - AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996) ALTERNATE I (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance -Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $100,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.2 - CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

Prior to final payment of the first task order, Contractor shall register in the Contractor Performance System. Information on registering in the system can be found at:

http://cps.od.nih.gov/cps_contractor_registration.htm.

H.3 - CONTRACT RELEASE

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information: "In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein. Reservations:

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) 52.219-4 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) (Applicable if > $1 Million)

Alternate II (Oct 2001) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and

Reporting (APR 2008) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-14 Toxic Chemical Release Reporting (AUG 2003) 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) 52.232-17 Interest (OCT 2008) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by The Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

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

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (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)

52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (AUG 1987) 52.244-6 Subcontracts for Commercial Items (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I

(SEP 1996)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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.

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…