RFP_body.docx

TABLE OF CONTENTS

PART I—THE SCHEDULE

SECTION B-- PRICES/COSTS SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/ STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

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

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K-- REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION M – EVALUATION FACTORS FOR AWARD

AG-4568-S-11-0060

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

SEE - ATTACHMENT 1

BID SCHEDULE

SECTION B NOTES:

1. The offeror’s prices for pay items should include all applicable overhead, profit and all burden costs such as, insurance, support costs, compliance with environmental laws, taxes, and protection of government property. If the work will be sub-contracted the price proposed should be inclusive of all costs involved with subcontracting the work.

2. All items on both bid schedules are to be completed and submitted as the offeror’s cost proposal. Failure to submit completed Bid Schedule will result in the offeror’s entire proposal being considered non-responsive and will not be evaluated. All unit prices and total prices are limited to two (2) decimal places.

Contractor Information:

Tax ID# ________________________

Duns # _________________________

CCR registered yes ______ no _______

Fax # __________________________

Email: _________________________

STATEMENT OF WORK

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

This procurement is for one solicitation resulting in the award of a single Firm Fixed Price construction contract for the National Forests of North Carolina (NFsNC), for Catawba Falls Parking Lot, on the Grandfather Ranger District, Pisgah National Forest, in McDowell County, Nebo, NC.

Offerors are required to submit price and technical proposals as specified in Section L of this solicitation. Proposals will be evaluated in accordance with Section M of this solicitation.

1. DESCRIPTION AND LOCATION

Description: The purpose and intent of this contract is for construction in the National Forests of North Carolina, Grandfather Ranger District, per Section J, Attachment 3, Specifications, and Attachment 4, Drawings.

Location: State of North Carolina - National Forests of North Carolina, Grandfather Ranger District, McDowell County, Nebo, NC.

Technical Specifications: Technical specifications are found in Attachment 3

Contractor shall notify the Contracting Officer’s Representative (COR) when leaving the project area for three or more days and within 24 hours after returning to the project area. Each week, unless otherwise approved, the Contractor shall report his location and progress of work in writing to theCOTRto permit timely inspection and acceptance of completed work by the Government.

2. DEFINITIONS

Best Value. The expected outcome of an acquisition that, in the Government’s estimation , provides the greatest overall benefit in response to the requirement.

Contract. 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 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.

Contract Discrepancy Report (CDR). A formal, written documentation of Contractor nonconformance or lack of performance for contract work.

Contract Modification. Any written change in the terms of a contract.

Contracting Officer Representative (COTR). Technical Representative of the Contracting Officer who performs quality assurance evaluations of the Contractor's performance.

Contracting Officer (CO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contractor. The term as used herein refers to both the prime Contractor and any subcontractor. The Contractor shall be responsible for insuring that his subcontractors comply with the provisions of this contract.

Contractor Representative. A foreman, superintendent, or manager assigned, in writing, to be responsible for the execution of work under this contract.

Offer. A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract.

Option. A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract, or may elect to extend the term of the contract.

Quality Control (QC). A method used by the Contractor to control the quality of goods and services provided.

Shall. The imperative.

Subcontractor. Any supplier, distributor, vendor, or firm that furnishes supplies or services to a prime contractor.

Supplemental agreement. A contract modification that is accomplished by the mutual action of the parties.

Warranty. A promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

Where "as shown", "as detailed", or words of similar import are used, it shall be understood that reference is made to the attachments accompanying this specification unless stated otherwise.

Where "as directed", "as required", "as permitted", "approval", "acceptance", or words of similar import are used, it shall be understood that direction, requirement, permission, approval or acceptance of the Contracting Officer is intended unless stated otherwise.

3. CONTRACTOR’S QUALITY CONTROL

The contractor shall provide a quality control plan with their Proposal. This plan shall describe the Contractor’s method for ensuring all work meets the specifications of this project. The Contractor is responsible for ensuring that the work is completed in a timely manner and in accordance with the specifications of the contract.

4. OBLIGATION OF THE CONTRACTOR

Contractor shall furnish all supplies, materials, tools, equipment, labor, supervision and transportation to do the required work. Each week, unless otherwise approved, the Contractor shall report his location and progress of work in writing to the Contracting Officer's Technical Representative (COTR) to permit timely inspection and acceptance of completed work by the Government. Each week, the Contractor shall forward to the COTR the payrolls for the prior week in accordance with the Department of Labor Davis Bacon requirements.

The contractor shall provide a quality control plan with their proposal. This plan shall describe the Contractor’s method for ensuring that all work will meet the statement of work.

The Contractor shall provide a sufficient number of certified, trained and competent personnel to accomplish the work of this contract in a manner consistent with the highest professional standards of the industry.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly.

On all matters that pertain to the contract terms the Contractor shall communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COTR requests effort outside the scope of the contract, the Contractor should so advise the COTR. If the COTR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

5. GOVERNMENTS QUALITY CONTROL

The Government will monitor progress to ensure that the Contractor is providing the quality promised in their Quality Control Plan and that work meets performance standards. Visual observation will be used. The Government reserves the right, if deemed necessary to ensure compliance with the contract, to take standard 1/50th acre inspection plots by random sample. Each contract Area will be inspected separately, and the results will not be averaged.

Government inspections will be documented on Daily Diaries and placed in the contract file. If work in part of an Area does not meet the Acceptable Quality Level given above, a Notice of Non-Compliance will be issued to the Contractor (see section E-1 (e) and (f)). The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of an area and notification by the Contractor, the COTR or designated Inspector shall make an overall inspection of that Area. If a need for remedial work prior to acceptance is reflected by the COTR/Inspector`s overall inspection, or by plot sample results, such remedial work will be performed before the Contractor moves to the next Area. If the inspection results in acceptance of the Area, the Contractor may immediately proceed with work on the next area.

Government inspections are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work.

6. OBLIGATION OF THE GOVERNMENT

When required by the specifications or drawings, the locations of special work items will be staked on the ground by the government.

7. MEASUREMENT AND PAYMENT

Refer to Standard Specifications of this solicitation and resultant contract for details on measurement and payment.

8. SAFETY

Contractor Safety Responsibilities. It shall be the responsibility of the Contractor to assure that proper techniques and procedures are followed and precautions taken to prevent injury to any person or property as a result of work performed under this specification. The Contractor shall be solely responsible for the repair of, or payment for, any damage or injury to government property and their property caused by his representatives, materials, or equipment. All work areas shall be left in a safe and clean condition equal to that in which they were found.

The Contractor shall equip his representative with required safety devices such as safety glasses and protective gloves and shall comply with all local safety requirements.

The Contractor and the Contractor’s employees shall adhere to all safety regulations and guidelines applicable to this type of work. These include, but are not limited to safety requirements provided by the Occupational Safety and Health Administration (29 CFR 1910-1926, www.osha.gov). It is the contractor’s responsibility to know what safety regulations and guidelines are applicable to this type of work.

The Contractor shall provide a written, job-specific safety plan for the inherently hazardous conditions that exist during operations. The Contractor’s safety plan shall identify and describe any inherently hazardous conditions and specific actions to reduce these hazards.

This plan shall be provided to the Contracting Officer at the pre-work conference. Work shall not commence on this project if the Contractor fails to provide a safety plan.

Inherently hazardous conditions that could lead to serious injury or loss of life are lacerations from saws, slips and trips from uneven terrain, hidden obstacles of slope of ground, driving and weather conditions. These are not inclusive.

9. SCHEDULING WORK

Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. All deliveries shall be coordinated with the COTR, ahead of the delivery date.

The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections, or division is begun. Work sequencing shall be coordinated with theCOTR, so as to have minimal impact on Government operations and personnel.

10. PERFORMANCE REQUIREMENTS

The Contractor is required to adhere to all requirements listed in the contract and to adhere to all Standard and Special Specification, and Drawings for this project.

The Contractor is to communicate with the CO and COTR as to progress, location, and completion of items and to adhere to all requirements of the National Forests of North Carolina Fire Protection Requirements.

11. WORKING HOURS

Work can be performed during daylight hours Monday through Saturday. The Contractor will have a key to access any gated roads if applicable to this project.

12. ENVIRONMENTAL PROTECTION

Disposal of Refuse: Contractor shall be required to remove all refuse on a daily basis from the respective work site where work was performed and properly dispose of the refuse off of Government property.

The Contractor shall provide protective barriers to prevent soil erosion on all projects requiring excavation. Also, included will be environmental protection to prevent sedimentation drainage of silts into storm drains.

13. FIRE PROTECTION REQUIREMENTS

The Contractor shall comply with all policies and rules of the National Forests of North Carolina to prevent forest fires. The Forest Service Health and Safety Code Handbook (FSH 6709.11), National Wildfire Coordination Group Fireline Handbook, and Forest and District policies describe procedures to avoid the unintentional ignition and spread of wildfire. These include, but are not limited to:

1. Use spark arrestors on fuel powered vehicles and machinery.

2. Have onsite access to a fire extinguisher and/or other fire fighting tools, such as shovels or rakes.

3. Ensure proper storage and handling of flammable liquids.

4. Ensure positive extinguishing of any open flames or burning materials, such as tobacco.

5. Obtain COTR and District approval for any open fires.

6. Completely extinguish all approved fires before departing worksite.

14. NOISE CONTROL

The Contractor shall comply with all applicable local laws, regulations, and ordinances relative to noise control.

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)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.242-17 GOVERNMENT DELAY OF WORK (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from September 2011 through December 2012.

90 Days after receipt of the Notice to Proceed

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a site to be determined at the time of award.

GOVERNMENT-FURNISHED PROPERTY and UTILITY SERVICES

The Government will provide the following item(s) of Government property or utility services to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Where available on the Forests, Contractors may use Forest Service water systems, toilet facilities, and electrical services in the completion of requested work and at no cost to the Contractor. However due to the location of this project no facilities will be provided under this contract.

G.1 INVOICING

Partial invoices may be processed, net 14 day, for work complete with prior approval of the CO. Final invoice will be processed, net 30 day. Invoices can only be submitted on work that is completed and based on actual measurement of performance completed (validated by schedules, progress reports, andCOTR/ inspector site visits). The invoice must be submitted to the Contracting Officer with the proper documentation attached and approved for payment by the COTR.

A proper invoice must include the contractor’s name, address and telephone number, The contract number and contractor’s tax identification number. Each invoice submitted must reflect a different invoice number. Any invoices that are received without the proper information will be returned to the contractor to be corrected and re-submitted.

A Contract Release form is required to be submitted with the final invoice.

G.2 NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly contact the Contracting Officer upon entering into any subcontract arrangement. The notification shall include submission of Standard Form 1413 for each subcontractor and as a minimum:

1. The name, address and telephone number of the subcontractor.

2. The date upon which the subcontract was entered and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: a Manager or Superintendent that will be a primary point of contact for this contract.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.1 SANITATION AND SERVICING REQUIREMENTS

Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in work under this contract while they are within the boundaries of Government land. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

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):

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

or Improper Activity (JAN 1997)

with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

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

52.236-7 Other Contracts (NOV 1991) 52.236-8 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)

Alternate I (APR 1984)

Alternate I (APR 1984) Alternate II (APR 1984)

Alternate I (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number 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.

(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; and (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.

Offeror’s CCR record must contain NAICS 237310 for this solicitation/resultant contract.

FAR 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2005)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify—

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.