CONSTRUCTION_RFP.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-4419-S-10-0180

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

February 1, 2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

CIM-0803-36R

7. ISSUED BY

CODE

USDA Forest Service ERPC East

1720 Peachtree Rd. NW

Atlanta, GA 30309 USDA Forest Service

ERPC East

1720 Peachtree Rd. NW

Atlanta, GA 30309

9. FOR INFORMATION

CALL:

A. NAME

Deborah Byrd B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 770-297-2926

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):

Perform maintenance work on bridges in accordance with the attached specifications and conditions.

This solicitation is issued under the American Recovery and Reinvestment Act and is subject to all its requirements including the requirement to register and report at www.federalreporting.gov.

Price Range The Government's estimate is between $100,000 and $250,000.

Preproposal Meeting: 9:00 AM, February 18, 2010

Chattahoochee-Oconee National Forests Supervisor’s Office 1755 Cleveland Hwy., Gainesville, GA 30501

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

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

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

FORMCHECKBOX

YES

FORMCHECKBOX

NO

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 4:00 PM local time March 3, 2010. 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

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

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

D.

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

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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 contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

The pricing schedule is a separate document. Please complete all items and include with your proposal.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract This contract is an option bid contract. The base bid includes the following bridges

· Falling Creek FSR 901 Oconee Ranger District

· Burrels Ford FSR 646 Chattooga River Ranger District

· John Dick Road FSR 248 Blue Ridge Ranger District

The other bridges may be awarded during the life of the contract according to funds availability. The contractor must bid on all of the bridges. Award will be based on total price for all bridges listed in the contract.

Work on each bridge is described on the work list. Work activities are completed in accordance to Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 and it special project specifications which are found in the attachments. The work activities include but are not limited to:

· Reconditioning the 100 feet of roadway approaches to restore the travelway.

· Cleaning, sandblasting and painting the steel structural members and appurtenances using a containment system.

· Contractor shall use Paint System VI

· Cleaning the bridge deck drains, removing vegetation from the deck and bridge rails.

· Replacing the bridge rails and approach rails.

· Replacing the bridge deck and running surface

· Replacing the object markers

· Repairing/Patching concrete surfaces that have spalled, cracked, or split.

· Repairing joints

Location

The bridges are located on the Chattahoochee-Oconee National Forests on the Chattooga River, Blue Ridge and Oconee Ranger Districts. Maps are include with the work list for each bridge site.

Price Range The Government price range is less than $250,000

CONTRACT TIME IS 180 CALENDAR DAYS

Environmental

The Contractor is to dispose of all waste material off of National Forest System Lands in an appropriate manner, and location.

The Contractor SHALL NOT perform any equipment maintenance within 100 feet of the stream.

The Contractor will be responsible to comply with all EPA hazardous waste requirements when disposing of the lead paint from the bridges. The Contractor shall monitor the weight of containments removed from each site and be responsible to remediate and material spilled on the site as a result of their operations.

INSPECTION AND ACCEPTANCE

Periodic field inspections will be made by the Contracting Officer’s Representative (COR) or the COR’s designated inspector. Work not completed to the Contract Specifications shall be reworked without compensation to the contractor.

SPECIFCATIONS

The Contractor shall furnish the necessary personnel, material equipment, services and facilities (except as otherwise specified), to perform the description of work/Statement of Work.

The project’s specifications are included by reference are Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03, U.S. Department of Transportation Federal Highway Administration, publication no. FHWA FLH-03-002. They may be obtained on the internet at http://fhwapap04.fhwa.dot.gov/nhswp/servlet/LookUpCategory

Special Project Specifications

Specifications: After page 373 Specification 552 Structural Concrete insert the following special project specifications 552A Structural Concrete Repair (see Appendix A)

Specifications: 563 Painting Special Project Specifications 563 (see Appendix B)

Specifications: 708 Paint Special Project Specifications 708 (see Appendix C)

PROJECT LIST

FSR 646-6.9 Burrells Ford Bridge is located on the Chattooga River Ranger District. The bridge is 128 ft by 22 ft curb to curb. This bridge spans the Chattooga River, a wild and scenic river that divides the State of Georgia and the State of South Carolina. It is frequently used by float boaters on day trips.

To reach the project from Clayton take Warwoman Road west to State Road 28 turn south on Georgia 28 to FSR 646 turn northeast on FSR 646 and continue to the Chattooga River Crossing.

Work List

· Repair the spalling on the bridge deck

· Clean pier caps and seal any cracks or spalls in the concrete,

· Clean, sandblast and paint the structural steel on the bridge

· Replace the hazard markers

· Replace the bridge railings and posts with thrie beam bridge railing and steel post system

FSR 248-0.00 John Dick Road Bridge is located Blue Ridge Ranger District. The bridge is 68 feet long and 14 feet curb to curb. This bridge spans Rock Creek which is part of the Toccoa River Drainage. This bridge has steel girders with a creosote treated timber deck and an asphalt running deck.

To reach the project from Suches, Georgia take GA 60 west approximate 15 miles to the intersection with Rock Creek Road. There is a sign for the National Fish Hatchery and the WMA at this intersection. At the end of the paving the road becomes FSR 69, continuing road heading south for approximately .5 miles to the intersection with FSR248. The FSR 248 will be on the west.

Work List

· Clean vegetation for the bridge railings and the curb

· Remove the timber running planks and replace with the same size of treated timber planks. The treatment shall not be creosote or contain any arsenic. It must meet the newest WPA recommendation for treatment over waterways.

· Minor asphalt concrete surfacing, 2” deep running surface over the timber planks with 10’ apron on both bridge approaches.

· Replace the bridge railings and posts with thrie beam bridge railing and steel post system

· Clean, sandblast and paint the structural steel on the bridge

Project location

FSR 901-0.91 Falling Creek Bridge is located on the Oconee Ranger District. The bridge is 115 ft long and 12 curb to curb. The bridge crosses Falling Creek. It is a concrete bridge.

To reach the project location, take US 23 north from Macon to the intersection with Georgia 18 turn east towards Dames Ferry, continue on Georgia 18 to the intersection with Jones County 283. Turn north on 283 and continue north to the intersection with Jones County 38. Turn East on to 38 and continue on Jones County 38 to the intersection with FSR 901. Turn east onto FSR 901 to the crossing.

Work list

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Sections of the concrete deck are delaminating, use epoxy to seal the cracks

· Clean and seal exposed rebar on the bridge.

· Repair spalling on the bridge deck

· Clean and seal cracks in the bridge abutments and piers and joints

· Replace the bridge railings with thrie beam bridge railing system

FSR 92B-2.8 Brown Bottom Bridge is located on the Chattooga River Ranger District. The bridge is concrete, 59.7 feet long by 14 feet curb to curb.

To reach the project site, take US 441/23 north from Cornelia to the exit for US 123/Georgia 17 turn east continue to the intersection with FSR 62. There is a memorial for World War II soldiers and a commercial development adjacent to this intersection. Take FSR 62 to FSR 87A then follow 87A to the intersection with 92B turn northwest and follow to the project site.

Work list

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Replace the bridge railings and posts with thrie beam bridge railing and steel post system

· Clean vegetation for the bridge railings and the curb

FSR 92-0.3 Red Root Bridge is located on the Chattooga River Ranger District. The bridge is concrete, 17 feet long by 13 feet curb to curb. The running surface is laminated wood.

To reach the project site, take US 441/23 north from Cornelia to the exit for US 123/Georgia 17 turn east continue to the intersection with FSR 62. There is a memorial for World War II soldiers and a commercial development adjacent to this intersection. Take FSR 62 to FSR 87A then follow 87A to the intersection with 92B turn northwest and follow to the project site.

Work list

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Clean vegetation for the bridge railings and the curb

FSR 86B-0.2 Billingsley Creek Road Bridge is located on the Chattooga River Ranger District. The bridge is steel bridge with a concrete deck. It is 66 feet long by 12 feet curb to curb. The bridge crosses Holcomb Creek which is in the Chattooga River drainage.

To reach the project from Clayton take Warwoman Road west to FSR 86 turn north on FSR86 and continue to the intersection with 86B. Take 86B to the project site.

Work List

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Repair the spalling on the bridge deck

· Clean, sandblast and paint the structural steel on the bridge

FSR 86-1.4 Overflow Road Bridge is located on the Chattooga River Ranger District. The bridge is steel bridge with a concrete deck. It is 98 feet long by 12 feet curb to curb. The bridge crosses the West Fork of Chattooga River which is in the Chattooga River drainage.

To reach the project from Clayton take Warwoman Road west to FSR 86 turn north on FSR86. Take 86 to the project site.

Work List

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Clean, sandblast and paint the structural steel on the bridge

· Replace the bridge railings and posts with thrie beam bridge railing and steel post system

· Replace 40 feet of bridge approach railings and posts with thrie beam bridge railing and steel post system include end pieces. 10 feet of approach railing per edge of road bed.

FSR 376-1.0 Raper Creek Road Bridge is located on the Chattooga River Ranger District. The bridge is steel bridge with a concrete deck. It is 98 feet long by 12 feet curb to curb. The bridge crosses the West Fork of Chattooga River which is in the Chattooga River drainage.

To reach the project from Clarksville, take Georgia 197 North to County road 246. Stay on 246 until the intersection with FSR 376, turn on 376 and continue to the project site.

Work list

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Repair Honeycomb in back wall of abutment 1 (spalling)

· Clean and seal exposed rebar on the bridge.

· Clean and seal cracks in the bridge abutments and piers and joints

· Replace the bridge railings with thrie beam bridge railing system

FSR 144-0.2 Waters Creek Road Bridge is located on the Blue Ridge Ranger District. The bridge is steel bridge with a concrete deck. It is 46 feet long by 14 feet curb to curb. The bridge crosses Dicks Creek which is in the Waters Creek drainage.

To reach the project from Cleveland, take US 129 north toward Blairsville. At Turners Corner take US 19 southwest to FSR 34 turn north on FSR34 and continue to the intersection with FSR 144. The bridge is at this intersection.

Work List

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Clean and seal exposed rebar on the back wall of the bridge.

· Clean and seal joints

· Clean, sandblast, and paint the structural steel on the bridge

FSR 28-1-1.8 Montgomery Creek Bridge is located on the Blue Ridge Ranger District. The bridge is concrete bridge with a concrete deck. It is 46 feet long by 14 feet curb to curb. The bridge crosses Dicks Creek which is in the Etowah River drainage.

To reach the project from Dawsonville take GA 60 west to US 19 turn west on US 19 toward Camp Merrill and continue to the intersection with county road 187, toward Camp Merrill. Continue on Lumpkin County 187 to the intersection with FSR 28-1 at the entrance to Camp Merrill and the church parking lot. Take FSR 28-1 west to the project site.

Work List

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Repair spalling on the deck, worn wheel paths

· Clean deck and drains

· Clean and seal deck joints

· Replace the bridge railings and posts with thrie beam bridge railing and steel post system

· Replace 40 feet of bridge approach railings and posts with thrie beam bridge railing and steel post system include end pieces. 10 feet of approach railing per edge of road bed.

· Replace two hazard markers

FSR 28-1-5.7 Jones Creek Bridge is located on the Blue Ridge Ranger District. The bridge is concrete bridge with a concrete deck. It is 36 feet long by 14 feet curb to curb. The bridge crosses Dicks Creek which is in the Etowah River drainage.

To reach the project from Dawsonville take GA 60 west to US 19 turn west on US 19 toward Camp Merrill and continue to the intersection with county road 187, toward Camp Merrill. Continue on Lumpkin County 187 to the intersection with FSR 28-1 at the entrance to Camp Merrill and the church parking lot. Take FSR 28-1 west to the project site.

Work List

· Recondition 100 feet of the road approaches to the bridge. Reshape to drain, fill in all potholes, and bring the grade to match the top of the bridge deck.

· Repair spalling on the deck, worn wheel paths

· Clean deck and drains and remove vegetation

· Clean and seal deck joints

· Replace four hazard markers

Project Location

AGAR 452.211-72 Statement Of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

52.242-14 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 180 days after the effective date of the Notice to Proceed with Work. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 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) 52.209-6 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 – Alternate I (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) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (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) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

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

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

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

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

52.232-17 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) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997) 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 1999) 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)

52.203-15 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.

52.204-7 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.

52.204-11 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 http://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—

(l) 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.

52.215-2 Audit and Records—Negotiation.

(a) As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) )(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts

(End of clause) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Dec 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

(End of clause) 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials.

(a) Definitions. As used in this clause—

“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.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign…