Solicitation Vault Toilet Specifications.doc

Solicitation AG-4419-S-10-0264 – RECOVERY- Michigan Toilet Building Demolition, Hiawatha National Forest

COMMERCIAL ITEMS

SOL NO. AG-4419-S-10-0264

PROJ NAME: Michigan Toilet Demolition *RECOVERY*

UNIT: Hiawatha National Forest

SUPPLIES OR SERVICES AND PRICES/COSTS

Hiawatha National Forest

Chippewa and Mackinac Counties of Michigan

Demolition & Disposal of 4 Toilet Buildings

SCHEDULE OF ITEMS

Total

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

The following clauses apply if orders placed are 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, Governmentwide 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.

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (APR 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5).

_X__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

_X__ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_ X_ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) 2008) (E.O. 13126).

_X__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

_X__ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Hiawatha National Forest National Forest Sault Ste Marie and St. Ignace Building Demolition

Chippewa & Mackinac Counties, Michigan

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DESCRIPTION OF WORK

(A)

SCOPE OF CONTRACT

The Contractor shall provide all plant, labor, equipment, materials, supplies and supervision required to clear, demolish and dispose of 4 existing toilet buildings including site restoration at recreation sites located in the Hiawatha National Forest.

This project includes, but is not limited to, the following work:

A. Demolition and disposal of entire buildings including vaults.

B. Removal of stumps.

C. Restoration of areas disturbed as a result of the demolition.

This work is being done in preparation for the installation of new prefabricated toilet buildings by CXT Corporation. Installation of new toilet buildings is anticipated between May 15 and June 15, 2010.

All buildings are located in campgrounds and picnic areas on the East side of the Hiawatha National Forest. (See Attached Map). Due to the short turn around after work can begin in the spring it is critical that the contractor demonstrates to the Forest Service that they can plan site work and toilet disposal in conjunction with the Forest Service and the installer. The FS will know exact dates of installs and where they will start by early spring of 2010

Ideally the contractor will be able to coordinate with the installer to stay “a step ahead” to limit need for protective fencing and flooding at excavation. If any excavation that will not have a new toilet installed the same day needs to have the hole filled to grade with backfill material. Any material needed for this will be the responsibility of the contractor.

Structure Decommissioning

The contractor shall have all vaults pumped by a licensed septic pumper at the contractor’s expense. Upon completion of this pumping the contractor shall physically secure (e.g. screw the doors shut) the building so that no further use occurs after pumping. It will be the contractors responsibility to re-pump the vault if it is not empty on the day of disposal therefore it is important to schedule pumping to be done as near to the time of removal as possible.

All buildings will become property of the contractor and shall be removed from government property. Unless specifically stated differently in the description of work for each site the vault shall also become the property of the contractor and removed from government property. When in-place disposal of the vault is allowed the contractor may bury the concrete after he has verified that the vault is pumped clean, applied lime to bottom of vault and the vault has been broken down with holes punched through the bottom so that water cannot sit in the remaining structure. The vault may not have any portion remaining within 12” of final grade.

All sites shall be free of debris and shall be graded leveled in preparation for toilet building and vault placement by prefabricated building contractor.

(B)

LOCATION AND DESCRIPTION

The 4 buildings are located on the East Unit of the Hiawatha National Forest at two recreation sites Three Lakes Campground and Picnic Area (3 toilet buildings) and Carp River Campground (1 toilet building).

Sault Ste Marie and St. Ignace Ranger Districts Three Lakes Campground (T45NR5WS6)

Three Lakes Campground and Picnic Area is located approximately 2 miles South of Strongs Corner, MI.

Preparation work

· Remove one toilet double building and asphalt pathway between sites #7 and 27. Vault may be buried at site.

Finish Work

· Construct 15 foot x 5 foot concrete landing at new toilet.

· Topsoil, seed and mulch disturbed areas.

Three Lakes Picnic Area (T45NR5WS6)

Three Lakes Campground and Picnic Area is located approximately 2 miles South of Strongs Corner, MI

· Remove two single toilet buildings in picnic area. Vault for women’s toilet building may be buried at site. Vault for men’s toilet building must be removed from site.

· Remove 6 wooden barrier posts and flush cut 10 trees. Stumps may remain in place. Remove wood and brush from site.

Finish Work

· Topsoil, seed and mulch disturbed areas.

Carp River Campground (T22NR3WS18)

Carp River Campground is located approximately 15 miles North of St. Ignace, MI.

· Remove double toilet building and vault across from site 22.

· Flush cut 10 small trees. Stumps may remain in place. Remove wood and brush from site.

Finish Work

· Construct 15 foot x 5 foot concrete landing at new toilet.

· Topsoil, seed and mulch disturbed areas.

PERFORMANCE PERIOD

The work on this project needs to be closely coordinated with the placement of new toilets tenatively scheduled to be installed in May and the beginning of June 2010.

GENERAL REQUIREMENTS

PART 1

GENERAL

1.1 Site Visit: It is highly recommended that the contractor visit the work site to verify all dimensions and thoroughly familiarize themselves with existing conditions prior to submission of bid.

1.2 Applicable Codes: All work in this contract shall be done in accordance with National Fire Protection Association (NFPA), OSHA-Occupational Safety and Health Act (July 1989 and subsequent updates), ANSI B 20.1 1992, 40 CFR EPA (1996) Environmental Protection Agency, and all local safety and fire regulations.

1.3 Contracting Authority: All references made to the Contracting Officer shall include and be applicable to the Contracting Officer's Representative (COR)/ Government Inspector. Authorization to make changes to the Contract remains with the Contracting Officer. Unless otherwise specified, all requests from the contractor and all approvals by the Contracting Officer shall be in writing.

1.4 Permits: The Contractor is responsible for securing any necessary permits to accomplish the work.

1.5 Verification of Dimensions: The Contractor shall be responsible for the coordination and proper relation of their work to the site conditions and will familiarize themself with all details of the work and working conditions. The Contractor shall verify all dimensions in the field, and will advise the Contracting Officer in writing of any discrepancy before performing any work.

1.6 Coordination of Work: It shall be the Contractor's responsibility to conduct all phases of their work in connection with this contract in such a manner as to assure a minimum of interference with Government activities in the area. Provisions shall be made by the Contractor and approved by the Contracting Officer to avoid interferences with the free passage into and out of adjoining and adjacent areas not involved in the contracted work. Contractor shall work in phases, limit areas of work, adjust times of work, or provide alternate access routes if necessary to allow for traffic flow in critical areas or heavy use times.

1.7 Traffic Control: The Contractor shall provide signs, barricades, personnel or other forms of traffic control as necessary to safely direct or restrict the flow of traffic around or through their area of work at all times and in accordance with the Manual on Uniform Traffic Control Devices.

1.8 Detours and Alternate Routes: Detour routes shall be made of existing roads with signs and barricades set up by the Contractor to direct traffic around the areas of work. Where detours cannot be made using existing roads, the Contractor shall restrict work areas to one lane of the road while maintaining the other lane open to traffic. The Contractor shall provide flag persons to control two way traffic where roadways are limited to one lane.

1.9 Existing Structures and Equipment: All existing structures and equipment not to be demolished shall be protected from damage. Structures or equipment damaged by the Contractor shall be repaired or replaced to match the preexisting condition.

1.10 Utilities not Shown: If the Contractor encounters, within the construction limits of the entire project, utilities not shown on the plans and not visible as to the date of this contract and such utilities will interfere with construction operations, the Contractor shall immediately notify the Contracting Officer’s Representative as to the necessity for removal or relocation. Verbal notification shall be confirmed in writing.

1.11 Fire Prevention: Cutting or welding will be permitted only in areas that are or have been made fire safe. Where possible, all combustibles shall be located at least 35 feet horizontally from the work site. Where such location is impracticable, combustibles shall be protected with flameproof covers or otherwise shielded with metal guards or curtains. Edges of covers shall be tight to prevent sparks from going under them. This precaution is also important at overlaps where several covers are used to protect a large pile. Other fire prevention precautions shall be in accordance with the latest National Fire Codes. The contractor shall have a type "A" (water) fire extinguisher and an additional worker to watch for hot slag contacting combustible materials during all cutting or welding operations.

1.12 Site Cleanliness: The contractor shall maintain a clean and hazard free work site. Cleanup shall be daily or more often as necessary to maintain a clean and hazard free work site.

1.13 Safety: The Contractor shall comply with all State and Federal OSHA regulations and the United States Department of Agriculture “Health and Safety Code Handbook” FSH 6709.11. The Contractor and all personnel under the Contractor’s direction shall wear hardhats in compliance with the “Health and Safety Code Handbook” pg. 20-13, work boots, shirts, and long pants.

PART 2

PRODUCTS

(Not Applicable)

PART 3

EXECUTION

(Not Applicable)

DEMOLITION

PART 1 GENERAL

GENERAL REQUIREMENTS

The Contractor is responsible for the demolition and disposal of each building in its entirety. Rubbish and debris shall be removed from Government property daily, unless otherwise directed, to avoid accumulation at the demolition site. Materials that cannot be removed daily shall be stored in areas specified by the Contracting Officer.

DUST CONTROL

The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to occupied portions of the construction site and to avoid creation of safety hazards or nuisance in the surrounding area.

1.3

PROTECTION

1.3.1 Protection of Personnel

A. During the demolition work the Contractor shall continuously evaluate the condition of the structure and take necessary measures take to protect all personnel working in and around the demolition site.

1.3.2 Protection of Existing Property.

The Contractor shall coordinate work of this section with all other work and shall construct and maintain shoring, bracing, and supports as required. The Contractor shall ensure that structural elements are not, overloaded and shall be responsible for increasing structural supports or adding new supports as may be required as a result of any cutting, removal, or demolition work performed under this contract.

1.5.3 Protection of Trees

Trees within the project site which might be damaged during the work under this contract shall be protected from damage. If damaged, they shall be replaced in kind or as approved by the Contracting Officer.

1.5.4 Environmental Protection

The work shall comply with the applicable environmental requirements.

1.6

BURNING

The use of burning at the project site for the disposal of refuse and debris will not be permitted.

1.7

THE USE OF EXPLOSIVES

Use of explosives will not be permitted.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1

VAULTS

The Contractor shall be responsible for pumping all vaults by a licensed septic company prior to demolition.

Toilet buildings to be completely removed, as indicated in the attachments, are to have the entire vault removed (including the bottom of the vault).

When in-place disposal of the vault is allowed the contractor may bury the concrete after he has verified that the vault is pumped clean, applied lime to bottom of vault and the vault has been broken down with holes punched through the bottom so that water cannot sit in the remaining structure. The vault may not have any portion remaining within 12” of final grade.

3.2

CLEAN UP

Debris and rubbish shall be removed from the building site daily. Debris shall be removed and transported in a manner that prevents spillage on streets or adjacent areas. All loads shall be covered and any additional local regulations regarding hauling and disposal shall apply.

3.3

DISPOSITION OF MATERIALS

A. The Contractor is responsible for the disposal of all materials and debris associated with the demolition work. Disposal shall be made in accordance with all local and federal disposal regulations.

B.

Material Salvaged by the Contractor: Material salvaged by the Contractor shall be stored as approved by the Contracting Officer and shall be removed from Government property before completion of the project. Material salvaged for the Contractor shall not be sold on the site.

C.

Items Salvaged for the Government: None

D.

Recycling: All concrete shall be recycled to the extent practical.

E. Disposal: Demolished material shall be disposed of in an approved landfill located off Federal property. Contractor shall provide a weight ticket to the Government of all material sent to a landfill.

3.5

RESTORATION

All areas disturbed by demolition shall be leveled and graded. Disturbed areas are to be graded to match surrounding contours. All vaults are to be filled with clean sand fill and compacted to fill voids to within 4” of finish grade.

These areas shall be restored with topsoil and seed in accordance with specification section 02930 Topsoil and Seeding unless otherwise noted

3.6

TEMORARY TOILET FACILITIES

In the event there is lag time between demolition of old toilet buildings and vaults and installation of new toilet buildings and vaults, contractor is required to provide temporary toilet facilities where no toilet facilities are available.

TOPSOIL AND SEEDING

PART 1 GENERAL

WORK INCLUDED

A.

Provide topsoil and seeding to replace surfaces that are excavated or damaged during construction.

SUBMITTALS

None

PART 2 PRODUCTS

2.1

TOPSOIL

General: Topsoil shall be either the existing topsoil from grass areas to be excavated during this project, or imported topsoil from a commercial source. Imported topsoil shall be used to make up the difference between the required topsoil quantity and the quantity of topsoil salvaged from this project. All topsoil shall be free of sod, gravel, clay, stumps, roots, debris, objects larger than ¼" inch in diameter, toxic materials, and any material which is harmful to the growth of grass. The pH range shall be 5.4 to 7.0.

B.

Existing topsoil: The existing topsoil, if used for new grass areas, shall be stripped, stockpiled, and maintained separate from the underlying soil. For bidding purposes, the bidder shall assume that the pH of the existing topsoil meets this specification.

C.

Imported topsoil: Imported topsoil shall be obtained from well-drained areas, shall contain no trash or foreign material and shall be of ¼" inch particle size or less.

2.2

FERTILIZER

A. Fertilizer shall be commercial grade, free flowing, and of uniform composition.

B. Fertilizer shall be proportioned by weight as follows: 12% nitrogen, 12% phosphorous, and 12% potassium.

2.3 GRASS SEED

A. Seed shall be perennial ryegrass.

2.4

MULCH

A. Mulch shall be straw or excelsior applied at a rate of 2 tons per acre. Hay is not permitted.

PART 3 EXECUTION

3.1

TOPSOIL PLACEMENT AND GRADING

A. Spread the topsoil to minimum depth of 4 inches. Topsoil shall be smoothly graded to eliminate any deviations greater than 2 inches in 4 feet and to eliminate tracks from vehicles, pedestrians and animals.

B. Grade the topsoil to ensure drainage.

3.2

FERTILIZING

A. Apply fertilizer at the rate of 650 pounds per acre.

3.3

SEEDING

A. Broadcast seeding:

1. Apply grass seed with a broadcast spreader.

2. Apply one half of the seed in one directions, then apply the remainder at a right angle to the first application.

3. The total applied quantity of grass seed shall be 4 pounds per 1000 sq ft.

4. Rake the area to cover the grass seed.

B. Hydroseeding:

1. Hydroseeding may be used as an alternative to broadcast seeding and will include the 12-12-12 fertilizer.

3.4 MULCH

A. Apply straw to a depth of 1/8 inch. This is not necessary if hydroseeding.

SECTION 03300 - CAST-IN-PLACE CONCRETE

PART 1 - GENERAL

1.1 SECTION REQUIREMENTS

A. Submittals: Product Data concrete mix designs and laboratory test reports.

B. Comply with ASTM C 94; ACI 301, "Specification for Structural Concrete"; ACI 117, "Specifications for Tolerances for Concrete Construction and Materials"; and CRSI's "Manual of Standard Practice" and as here in modified.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Plain Steel Wire: ASTM A 82, as drawn.

B. Portland Cement: ASTM C 150, Type I or II.

C. Fly Ash: ASTM C 618, Type C or F.

D. Aggregates: ASTM C 33, uniformly graded.

If retaining first paragraph below, coordinate with other types of slab reinforcing.

E. Joint-Filler Strips: ASTM D 1751, cellulosic fiber, or ASTM D 1752, cork.

F. Repair Topping: Factory-packaged, portland or blended hydraulic cement-based, polymer-modified, self-leveling traffic-bearing topping with minimum 28-day compressive strength of 5700 psi (39 MPa).

2.2 MIXES

A. Proportion normal-weight concrete mixes to provide the following properties:

Select or revise mix properties below to suit Project. Distinguish locations of each concrete mix if more than one.

1. Compressive Strength shall not be less than 4000 psi (27.6 MPa) at 28 days for any sample.

2. Slump Limit: 4 inches (100 mm) at point of placement.

3. Air Content: 5.5 to 7.0 percent for concrete exposed to freezing and thawing, 2 to 4 percent elsewhere.

PART 3 - EXECUTION

3.1 CONCRETING

A. Construct formwork and maintain tolerances and surface irregularities within ACI 117 limits of Class A for concrete exposed to view and Class C for other concrete surfaces.

B. Accurately position, support, and secure reinforcement.

C. Install construction, isolation, and contraction joints where indicated. Install full-depth joint-filler strips at isolation joints. Control joints shall be installed within 12 hours of placement.

D. Place concrete in a continuous operation and consolidate using mechanical vibrating equipment.

E. Protect concrete from physical damage, premature drying, and reduced strength due to hot or cold weather during mixing, placing, and curing.

F. Formed Surface Finish: Smooth-formed finish for concrete exposed to view, coated, or covered by waterproofing or other direct-applied material; rough-formed finish elsewhere.

Retain required finishes in first paragraph below, revising locations as needed.

G. Slab Finishes: Nonslip-broom finish to exterior concrete platforms, steps, and ramps.

H. Begin curing concrete slabs after finishing. Keep concrete continuously moist for at least seven days Contractor shall perform field tests and to submit test reports.

I. Protect concrete from damage. Repair surface defects in formed concrete and slabs.

FAR 52.212-2 Evaluation - Commercial Items (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be use to evaluate offers:

Technical Capabilities

Past Performance

Price

Technical and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

SOLICITATION PROVISIONS

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned…