SF 1442 Cont..docx

AG-4419-S-10-0122 RECOVERY – Rhinelander Annex Insulation, Garage Roof, and Main Door Replacement

PART I—THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

Rhinelander Forest Sciences Laboratory Rhinelander, WI

Annex Insulation, Garage Roof, and Main Door Replacement

TOTAL BID $____________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work

1956 Annex Building Exterior Insulation & Siding Installation & Garage Roof Replacement Main Facility Door Replacement Location:

USFS Institute for Applied Ecosystem Studies 5985 Hwy K Rhinelander, Wisconsin 54501

Local Point of Contact: Randy Bacon 715-362-1348

Part I: General Information

1) Contractor is to furnish all labor, materials, equipment, and incidentals to install high density extruded polystyrene foam insulation to the entire exterior surface of the 1956 Annex Office Building, and install approximately 1200 square feet of galvanized steel pre-formed ribbed commercial grade vertical siding to the 1956 Annex Office Building. Supply and install manufacturer’s edge metal, color to match siding, at all openings, corners, and edges. Wrap metal around window openings.

Note # Existing 1956 office building is of concrete block construction. A separate window replacement contract is being issued to supply replacement windows in the window cavities referred to under this contract, thus new windows may, or may not be installed before the execution of this contract.

2) Contractor is to furnish all labor, materials, equipment, and incidentals to remove, properly dispose of, and replace approximately 2560 square feet of roofing shingles and associated roofing materials on the 1956 Annex Building garage.

3) Contractor is to furnish all labor, materials, equipment, and incidentals to remove, properly dispose of, and replace 3 existing combination door/ window units with insulated combination steel door and dual pane energy star rated window units located in the 1960 and 1970 wings in the main facility building at the address listed above.

Contractors are required to field verify material quantities and installation details of the project before bidding and verify same before purchase of materials from supplier.

A pre-bid meeting will be scheduled prior to bid due date – attendance at this meeting is preferred over individually arranged site visits prior to submission of bids.

Part 1.1 Scope of Work --Insulation/Siding -1956 Annex

Contractor is to furnish all labor, materials, equipment, and incidentals to install 2” high density extruded polystyrene foam insulation sheeting to the entire exterior surface of the 1956 Annex Office Attach insulation to exterior surface following manufacturers recommended procedures.

Install approximately 1200 square feet of galvanized steel pre-formed ribbed commercial grade vertical siding to the 1956 Annex Office Building. Use matching color manufacturer’s recommended fasteners. Make sure all fasteners are level where installed along horizontal lines. Install one layer of rosin paper between insulation and siding. Lay rosin paper horizontally, lapping the top layer over the bottom layer six inches. Attach using manufacturers recommended methods.

Install manufacturer’s edge metal to protect insulation, produce a finished look, and ensure drainage.

Maintain the bottom of insulation and siding six inches above grade. Paint exposed concrete block to match new siding. Extend insulation and siding to overhead soffit.

Wrap window openings with metal cladding, extending metal back to the window. Dissimilar metals must be prevented from producing galvanic corrosion. Use color matching urethane caulk to seal window-cladding seam. Do not use fasteners with exposed heads to attach cladding.

Installation of siding will also require removal of exterior surface mounted electrical conduit and light fixtures before insulation and siding work, install suitable junction boxes to properly reinstall conduit and fixtures.

Scope of Work – 1956 Annex Building Garage Roof Replacement

The contractor shall remove existing shingles and other roofing materials, dispose of properly, and install new shingles, drip edge, roofing felt, ice guard/water guard on roof above heated shop area, and ridge vent to entire roof peak on the 1956 Annex Shop/ Garage. Approximate square footage of roofing materials is 2560 sq ft. Contractor shall be responsible for field verification of amounts of all materials needed prior to bidding.

Scope of Work --Door Replacement Main facility

Door #1 1960 wing lower level

Remove existing 40” x 84” wooden door, frame, closer, and threshold from 1960 wing lower level Northwest entrance and properly dispose of door, frame and all hardware. Turn over used door lock assembly to government representative. Remove and dispose of 2 existing side windows and all associated framing. Replace with door/window unit combination to fit rough opening. Replacement combination Door/window unit to have both side and transom windows.

Paint/ finish/seal interior and exterior to match existing trim. Paint interior and exterior of door and frame with 2 coats of low VOC paint to match existing colors/styles.

Note # Exterior lower level surrounded by stone masonry. Stone can be removed if needed to install new door/window unit combination.

Door #2 1960 wing upper level

Remove existing 40” x 84” wooden door, frame, closer, and threshold from 1960 wing Northeast entrance and properly dispose of door, frame and all hardware. Turn over used door lock assembly to government representative. Replace with specified metal replacement door and window unit combination. Remove existing glazing from 9 associated windows and replace with dual pane energy star rated windows of same size –or sized to fit openings (may require new framing). Paint/ finish interior and exterior to match existing trim/ casing. Paint interior and exterior of door and frame with 2 coats of low VOC paint or sealant to match existing colors/styles.

Door #3 1970 wing lower level

Remove existing 64” x 84” double metal door, frame, closer, and threshold from 1970 wing lower level south entrance and properly dispose of doors, frame and all hardware. Replace unit with double door unit meeting specifications listed below. Turn over used door lock assembly to government representative. New wood framing may need to be used to install new double door assembly. Paint/ finish interior and exterior framing/casing to match existing trim or cladding. Paint interior and exterior of door and frame with 2 coats of low VOC paint to match existing colors/styles.

Part 1.2 Materials & Execution

1956 Annex Building

Insulation: Extruded closed-cell polystyrene with integral high density skin complying with ASTM C578, Type X, minimum 15psi compressive strength, thermal resistance (R-value at 40deg F) of 5.0 per 1 inch thickness. Comply with fire resistance and flammability ratings indicated and as required by International Building Code.

Provide insulation from one of the following manufacturers or with approved equivalent materials:

Owens Corning

DOW

Green Guard

Install per manufacturer guidelines – present the COR with a submittal for the proposed installation procedure and materials proposal for approval prior to installation.

Siding: Prefinished metal—Pre-formed 24 ga galvanized steel sheet, commercial quality, ASTM A653, coating designation G90,extra smooth, primed and finished one side with 1.0+0.1 mil dry thickness fluorpolymer coating and on reverse side 0.3-0.4 mil dry thickness white wash coat. Furnish in manufacturers standard color selected by Contracting Officer. Provide strippable plastic film on fluorpolymer coated side. Material shall be warranted against fading, chalking, and loss of film integrity for 20 years, non-prorated.

Ribs should be 9” on center to match other existing facility building exterior treatments.

Suggested color: Kynar brand “Sandstone” or approved equivalent.

Provide siding from one of the following manufacturers or approved equivalent:

Berridge Mfg. –Kynar 500 Copper Sales- Una-Clad Foremost Mfg.- Kynar 500 Petersen Aluminum- Pac-Clad Vincent Metals- ColorKlad

Install siding per manufacturer guidelines – present the COR a submittal for the proposed installation procedure and siding material choice for approval prior to installation.

Aluminum Cladding: Commercial grade exterior aluminum/color to closely match siding color/ cladding with Kynar 500 finish or approved equivalent.

Install per manufacturer guidelines – present the COR a submittal for the proposed installation procedure and color detail for approval prior to installation.

Roofing Materials:

1. Shingles - Class A, self sealing, architectural grade, multi-thickness, random tab asphalt shingle, ASTM D3018 Type I, 40 year. Certainteed Independence Shingle or equal.

Color choice of (Graystone or approved equal) to be submitted to COR prior to application.

Starter course and ridge cap shingles to match.

2. Underlayment - 30 lb asphalt impregnated felt.

3. Ice guard valley and eave flashing – Jiffy Seal Ice and Water Guard or equal.

4. Nails - Hot dipped galvanized roofing. Staples are not acceptable and will be rejected.

5. Drip edge - Aluminum, color to match shingles.

6. Ridge-Vent Caps –apply matching project shingles over vent caps.

Main Facility Materials & Execution

Doors Units & Combination Door/Window Units

Provide doors and, or door/ window combinations from one of the following manufacturers or approved equivalent: Provide COR with submittal for approval of door, and door/window combinations prior to purchase of materials for project installation.

Pella Andersen Hurd Jeld-Wen Kolbe & Kolbe Caradco

Doors –Materials and Execution

1) Provide and install new –pre-hung 1-3/4” thick metal commercial grade insulated exterior door(s) with swing direction and exterior handle(s) on side(s) same as existing.

2) All doors to be installed level and plumb- verify full function for use prior to project completion.

3) Hinges for door(s) - 3 hinges -heavy duty, ball bearing, non -pickable type.

4) Door(s) must have exterior mounted security Latch Guard where applicable.

5) Door(s) will have heavy duty commercial grade weather stripping, including astragal weather stripping on double doors, and door-sweep(s).

6) Provide and install new aluminum handicap rated threshold(s).

7) Door(s) will have hold-open type door closer IR/ LCN Model 4041 or equivalent.

8) Provide & install high security rated cylinder lockset(s). Lockset(s) keyed to match existing facility keys. Color –Brushed silver.

9) Supply and install Von Duprin 98/99 series or equivalent interior push bar assemblies to match lockset(s). Color- Brushed Silver

10) Supply all interior wooden trim casing as needed –paint to match existing interior color and finish. Prime coat and apply 2 top coats on trim and doors using low VOC latex paint.

11) Caulk exterior metal frames with exterior rated urethane caulk-color to match frame/door colors where frame and building materials meet.

Windows/Glazing for Door/Window Combination Units

Window units –all fixed frame

A. Insulating Glass: Sealed double pane units;

1. Glazing: Clear, multi –layered Low E tempered float glass.

2. Must meet Energy Star rating.

Part 1.3 Other General Project Details

Contractor shall keep premises clean and orderly during the course of work and all debris shall be removed on a daily basis and not allowed to accumulate.

Work area must be kept safe for building occupants at all times –use of OSHA hazard communication standards for construction worksites must be followed at all times.

Installation of insulation and all metal products is to be performed by experienced installers and strictly conform to manufacturer’s installation guidelines –a copy of the guidelines to be submitted to the government Contracting Officer along with all product submittals for approval prior to the beginning of installation.

Government will provide a storage area for supplies and materials on site.

Work is to be accomplished Monday- Friday, between the hours of 8:00am- 4:30PM.

Work schedules outside of these hours can be negotiated, but must be accepted by the local government representative.

Government electrical utilities may be used during contract performance.

Designated government restroom facility may be used during contract performance.

Any damage incurred to government property created by the contractor must be repaired or replaced to the satisfaction of the government representative on site.

Prior to completion of work thoroughly clean all installed glass and metal surfaces.

A pre-bid meeting date and time will be posted on Fed Biz Ops.gov for bidders to visit the proposed worksite to field verify the scope and quantity of work.

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 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

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 60 calendar days after notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed on or around May 30th 2010. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required payment bond within the time specified in the offer.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 14 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 the standard working hours for this facility are 8:00 – 4:30, Monday thru Friday, excepting official Federal holidays.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be negotiated with the contractor after award has been made.

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.

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

The following clauses apply if the contract is funded with funds from the American Recovery and Reinvestment Act are used:

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009--Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements. Insert the clause at 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. This includes, but is not limited to, Government wide Acquisition Contracts (GWACs), multi-agency contracts (MACs), Federal Supply Schedule (FSS) contracts, or agency indefinite-delivery/indefinite-quantity (ID/IQ) contracts that will be funded with Recovery Act funds. Contracting officers shall ensure that this clause is included in any existing contract or order that will be funded with Recovery Act funds. Contracting officers may not use Recovery Act funds on existing contracts and orders if the clause at 52.204-11 is not incorporated.

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause— “Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

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

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

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)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 52.225-9 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, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $100,000)

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

A Payment Bond An irrevocable letter of credit Tripartite escrow agreement

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

(c) The submission of the payment protection is required within 20 days of contract award.

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

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

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

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

#of Attachment

Title of Attachment # 0f Pages

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

Reporting Questions: HelpDesk@vets100.com Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be…