SF 1442 Cont DB RFP.doc

SOL NO: AG-4419-S-10-0712

UNIT: Northern Research Station.

PROJ NAME: Morgantown FSL Design Build Main Entrance Vestibule & 3 Other Exterior Doors

‘PART I—THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

Morgantown Forest Sciences Laboratory

Entry Vestibule & Other Entrance Doors

BASE BID

Item Number

Description

Unit Amount Design & install Entry Vestibule

& 4 other entrance doors, complete in place.

Includes: Design and execution of all work for a complete system as per

Section C – Specifications:

a.

General Conditions / Mobilization/Demob

Job b.

Design & Submittals c.

Install Entry Vestibule d.

Install Glass Entrance Doors

3 Ea e.

Install Handicap Operators & Remote Buttons 2 Ea f.

Install Steel Entrance Door

1 Ea g.

Electrical Subcontract h.

Contingency, Overhead & Profit

TOTAL BID

"NOTE: Please be sure to certify in ORCA for the NAICS specified for this project."

Cost Limitation

Price Range for this design build project is: Between: $100,000 - $250,000. Offeror is under no obligation to approach this ceiling. Proposal shall include separate cost values for design and construction.

Type of Contract The Government contemplates award of a firm-fixed contract resulting from this solicitation.

Proposals:

Submit a written proposal as specified in the attached statement of work. The following factors must be included in your proposal.

1. TECHNICAL APPROACH/TECHNICAL FACTORS: A written general description of Offerors method of approach, understanding of project and proposed design solutions including equipment. (Most Important.)

2. PRICE: Include a price proposal (Important).

3. RESPONSE TO SUBMITTALS: Complete and accurate information as requested in Section M under Proposal Submittals (Important).

Pre-Proposal Conference: None anticipated. A pre-proposal visit by potential bidders is highly recommended, and may be arranged by calling Roy Short at (304) 285-1500.

Site Inspections

It is the responsibility of the contractor to inspect the site prior to bidding to become familiar with the actual conditions, verify clearances and temporary storage areas, and determine other site aspects that may affect the efficient pursuit of this contract.

Occupancy and Site Access

The Contractor must plan and coordinate all work with the Government to minimize disruption of normal conduct of work and access by the staff.

Sanitation Facilities The Contractor may use the government facilities during the execution of this project. The contractor must use these facilities in a responsible manner, and not track soil/mud into the facility.

Government Furnished Utilities

1. The Government will furnish electrical and water utilities for the contractor’s use during construction within reason, so long as the Contractor uses these efficiently and economically.

2. The use of Government furnished telephone is not permitted.

Refuse/Waste Disposal

1. All waste products shall be removed from the site and disposed in a State-approved method.

2. The contractor personnel shall clean their tools and equipment in an area agreeable with the Government.

3. The Contractor shall ensure that the project site is free and clear of garbage/debris and other potential hazards.

Project Staging Area A reasonable project staging area will be provided for this project. The location of the staging area and any stipulations relative to its use will be by mutual agreement between the Contractor and the Government, and determined at the preconstruction meeting.

BASIS OF AWARD

Award will be made to the Offeror: whose proposed technical/cost relationship is the most advantageous to the Government. Technical evaluation factors are equal in importance, however, when combined, are approximately equal to price in the award decision. The critical factor in making any cost/technical trade-off is not the spread between the technical ratings but rather, the significance of that difference. The significance of the spread of ratings will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made to the Offeror submitting the lowest proposed price or to an Offeror proposing technical advantages that would appear to exceed those needed for successful performance of the work. The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

Award may be made without further discussions. Offers should be submitted initially on the most favorable terms, from a technical and price standpoint, which the Offeror can submit to the Government. The Government may, after evaluation of the proposals, conduct further oral or written discussions as appropriate, with all Offerors whose proposals are within the acceptable competitive range. Failure to provide all information requested by the RFP may render the proposal unacceptable.

Period of Performance/Estimated Delivery Schedule.

07/02/2010

Issue FBO Presolicitation Synopsis (15 days)

07/23/2010

Issue RFP (30 days)

08/05/2010

Pre-Proposal Meeting / Site Visit (1 day)

08/23/2010

Open offers and evaluate (7-10 days)

08/27/2010

Request BAFO’s (5 days) (if needed)

· 09/07/2010

Evaluate BAFO’s Recommend Award, SSA

Approves (5-10 days)

09/14/2010

Award

09/24/2010

Issue Notice to Proceed for Phase I

11/08/2010 (or sooner if negotiated) Estimated completion date of Phase I

11/08/2010

Issue Notice to Proceed for Phase II

12/24/2010 (or sooner if negotiated) Estimated completion date Phase II

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

I.

GENERAL

A. SCOPE OF WORK: This contract covers the complete design and construction of a glass-walled entry structure at the main (visitors) entrance to the Morgantown Forestry Sciences Lab main building, as further described in these specifications. The design shall fit in with and compliment the architecture of the existing building. The outside entry door, equipped with a stanchion-mounted Handicap operator pad, shall face the existing Visitor parking lot. The desired end result is a fully functional weather-chamber outside the existing entry door, that meets ADA standards for handicap accessibility. Also included is the removal and replacement of three other glass doors: the employee entrance, which shall be installed with a handicap door operator, and two doors at the driveway/smokers’ entrance. Also included is replacement of a hollow steel door at the basement mechanical room.

B. BACKGROUND: The visitors’ entrance lobby comprises the receptionist and seating area for visitors. In the winter, this area remains unpleasantly cold due to the single entry door; the receptionist must wear a coat. The entire lobby area remains extremely cold in the winter months. Cold air enters and heat escapes even with the door closed. The employee entrance and the driveway/smokers’ doors also allow cold air to enter the building and heat to escape. Past attempts to alleviate these issues have been ineffective. The steel basement door is corroded and needs to be replaced.

C. GOVERNMENT FURNISHED INFORMATION AND MATERIALS: The contractor, hence referred to a Design-Build Firm (or D-B), shall provide a complete set of drawings, specifications, project schedule, cost proposal, and other documents to meet the requirements of the project. The D-B will be furnished with drawings and photos of the existing facility.

D. PREDESIGN CONFERENCE: The pre-design conference between the D-B and government representatives involved with the project will be held to allow the contractor to demonstrate how he proposes to accomplish the project and to review and discuss the project requirements. Informal telephone technical reviews between the contractor and Northern Research Station engineering personnel are encouraged.

II.

DESIGN

A.

SCOPE OF WORK: Prior to any construction, the contractor shall perform all services required to prepare and to furnish three (3) complete construction documents consisting of contract drawings, technical specifications, design analysis, material submittals, and addenda as required, for the accomplishment of this project in accordance with requirements of this SOW. The design shall comply with applicable International, National, State and Local building, electrical and fire safety codes, and applicable ASHRAE and ABA guidelines. Equipment and other system components should be selected to provide for minimum operating and maintenance cost. The contractor is responsible for all permits and fees associated with the design and construction of the new facility.

A.1.

CONTRACT DRAWINGS: All contract drawings to be furnished shall be well prepared, complete, and accomplished in accordance with the best professional practice to show clearly and concisely the type and extent of work to be performed. The drawings shall be drawn to appropriate scales and dimensioned completely and accurately.

A.1. 1 All drawings shall be created with the aid of a computer. The 100% drawings shall be submitted on CD in files which can be read by AutoCAD, latest version.

A.2.

SPECIFICATIONS: The specifications shall be complete, clear and shall amplify all information shown on the drawings and shall include detailed requirements for materials and equipment. Material items shall be specified using federal specifications or industry standards. The specifications shall be prepared using the Construction Specifications Institute (CSI) Division Format (1‑16). For the final project submittal, specifications shall also be submitted on CD in Microsoft Word 7.0 for Windows format.

A.3.

DESIGN AND ECONOMIC ANALYSES: The design calculations and analyses shall be prepared on standard 8½” x 11” bond paper. The design shall be based on the criteria set forth in this SOW and standard practices and methods used in modern engineering design. The design analysis shall incorporate all computations necessary for the project and all other information necessary to clearly express the designer's intentions and methods. Specific elements requiring design calculations and analyses shall be as agreed to for the project prior to the negotiations.

A.4 DESIGN DOCUMENTS: The D-B will be required to complete the design for each project and deliver the submittals to the contracting officer in accordance with the following (the performance period for each phase will be a point of negotiation for each project):

A4.1. PRELIMINARY DESIGN (60%): The D-B will develop the preliminary design documents (60% design completion) to include, but not necessarily be limited to, the following:

A4.1.2. Floor Plan Drawing at 1/4” = 1’-0” scale.

A4.1.3. Details Drawings shall be at 1/4” = 1’-0” scale.

A4.1.4. Elevations (as required): Scale 1/8” = 1'‑0”:

A4.1.5. Specifications: The D-B will develop outline specifications covering the total proposed construction, including all contractor installed and furnished equipment.

Where approved, specifications may be included as notes on the drawings.

Materials and equipment must be specified by an adequate generic description or a performance specification.

A4.2.

95% DESIGN The 95% documents will be completed to what the contractor `considers his 100% and including the review comments resulting from the intermediate review and refined cost estimate. No intentional omission of any detail and no incomplete design shall be submitted at the 95% phase. The 95% design will include complete and thorough detailing to leave the builder no question as to how assembly is intended.

A4.2.1 Drawings

A4.2.1.1 Cover Sheet/Index of Drawings

A4.2.1.2. Architectural/Structural Drawings

A4.2.1.3. Electrical Drawing

A4.2.2. Schedule of Material Submittals: A detailed itemized list of all material submittals required by the specifications.

A4.3 FINAL DESIGN DOCUMENTS (100%): The final design documents shall include the 95% documents with all 95% review comments incorporated and (number of copies indicated in the submittal matrix) shall specifically include:

A.4.3.1. Corrected final design drawings shall be produced in electronic format (AutoCAD 2008 or later) and delivered on CD or such other medium as agreed upon by the Government.

A.4.3.2. Bidding schedule (Section B).

B.

OTHER SERVICES

B.1.

SCOPE OF WORK: The D-B contractor shall perform field reconnaissance, surveys, and site investigations, including travel and work required to obtain engineering information and design data for the accomplishment of the design documents of the project.

B.2.

FIELD MEASUREMENTS: The contractor shall make their own field measurements to verify any dimensions shown on government furnished drawings. Verification of existing construction shall be a part of this service. The main entrance has brick walls on either side of the door. The right side is 4’-9” wide and the left side is 5’-8” wide. The area at the door entrance measures 13’-5”. The main entrance replacement door with handicap access measures 42”. The other three replacement doors are 36”, 46” and 40-1/4” wide.

III.

CONSTRUCTION OF THE ENTRY VESTIBULE

A.

All construction shall conform to International, National, State, and Local building, fire safety and electrical codes, applicable ASHRAE guidelines, and the Government-approved design.

B.

Contractor shall maintain a set of the contract drawings depicting as-built conditions. These drawings shall be maintained in a current condition and shall be available for review. All variations from contract drawings shall be indicated in red on the drawings. Upon completion of the contract work, as-built drawings shall be submitted to the Contracting Officer.

IV.

LITERATURE/TRAINING

A.

The Contractor shall provide three (3) copies of the Operation and Maintenance (O&M) manual for all equipment installed. Each copy shall be in a 3-ring binder. The O&M manual shall include, but not be limited to, word description of the equipment; installation/operating instructions; maintenance instructions; manufacturer’s descriptive literature; shop drawings; appropriate phone numbers for manufacturer’ s representatives; warranties; and other pertinent information.

B.

The Contractor shall provide a one-day, on-site training session to one primary and one alternate operator after construction is complete.

V.

SUBMITTAL REQUIREMENTS

A. As a minimum, the offeror will submit the following with proposal

A1.

COST: Detailed itemized costs will be furnished by the contractor and shall be identified by major work categories, including but not limited to:

Walks, if affected.

Exterior electrical distribution.

Exterior storm-water distribution.

Environmental work associated with the project.

Landscaping.

Building structure.

Interior wall system.

Interior finish systems.

Interior security system

Interior electrical system.

Interior communication system.

B. Contract Submittals: Contractor shall submit three copies of master submittal list at the beginning of construction. Submittals for all major systems, equipment, and materials shall be submitted to the Contracting Officer’s Representative for approval. Provide three (3) copies of all submittal documents.

VI.

WARRANTIES: Contractor shall provide a 12 month warranty on new facility. All manufacturer’s warranties shall be transferred to the government. A complete detailed list of all warranties shall be given to the Construction Inspector at completion of the contract.

Vii.

GENERAL STIPULATIONS

A. SECURITY – All Contractor personnel shall sign in and sign out at the visitor’s desk at the beginning and end of each day worked. Visitor’s badges will be provided daily. A Forest Service Representative will be on the premises at all times during the performance of this contract.

B. PROJECT MANAGEMENT: The contractor shall develop a quality control plan for approval by the Contracting Officer’s Representative.

C. PERIOD OF PERFORMANCE: Anticipated start date is January 15, 2010; project completion in 90 days.

D. FACILITIES & UTILITIES: The government will make available water, sanitary facilities, and electrical power to the D-B at no charge. The D-B is responsible for maintaining and leaving these services in a clean and orderly condition, if used by contractor personnel.

E. DAMAGE TO CONTRACTOR’S PROPERTY: The Government will not be responsible in any way for damage to contractor’s equipment or personal belongings brought onto the government premises during performance of this contract.

F. CONSTRUCTION STAGING AREA: Contractor shall coordinate with the research activity to determine and establish material staging area.

G. EQUIPMENT AND DEBRIS REMOVAL: All equipment and tools shall be removed from the site upon completion of the work. Contractor is responsible for removal of all debris and waste generated, and shall leave all work areas clean and waste-free at the end of each working day.

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

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

Project Location:

Location The design/build of this project is located at USDA Forest Service, 180 Canfield St., Morgantown, Monongalia County, WV. From 1-79 take Exit 155 (WVU-Star City) Follow signs to Routes 19 and 7. At end of ramp, turn right at the bottom of the hill. Take US 19 South/Route 7 East across the Star City Bridge. Go straight through Traffic light and climb the hill toward the Quality Inn. Turn right at Saratoga Ave. Turn left at Wildwood St., directly opposite the Quality Inn. Proceed to the end of Wildwood St. to the Forest Service Facility.

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

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within seven calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is negotiable.

SECTION G--CONTRACT ADMINISTRATION DATA

(For this Solicitation, there are NO clauses in this Section)

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

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

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

(b) General Liability.

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

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

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

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

H.2 - CONTRACTOR PERFORMANCE SYSTEM REGISTRATION

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

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

H.3 - CONTRACT RELEASE

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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)

52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) 52.219-8 Utilization of Small Business Concerns (MAY 2004) 52.219-9 Small Business Subcontracting Plan (APR 2008) (Applicable if > $1 Million)

Alternate II (Oct 2001) 52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $1 Million) 52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting (APR 2008) (Applicable if > $1 Million) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

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

52.227-1 Authorization and Consent (DEC 2007)

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

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

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

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

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

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

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

Alternate I (APR 1984)

Alternate II (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP 1996)

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

452.236-80 Firms Ineligible – Construction (NOV 1996) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.203-15 – Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009) 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.

(End of clause)

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 (JUN 2010)

(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 (MAR 2009)

(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—

(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current 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) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and --

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the…