AG-4756-S-12-0006.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-4756-S-12-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE

ISSUED

2/7/2012

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Cherokee National Forest 2800 North Ocoee Street Cleveland, TN 37312

Use address in block 7.

Attn: Contracting Officer.

Include solicitation number on envelope.

9. FOR INFORMATION

CALL:

A. NAME

Nina B. Barrow

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

423-476-9706 nbarrow@fs.fed.us

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

IDIQ FACILITY CONSTRUCTION AND RENOVATION, CHEROKEE NATIONAL FOREST

Indefinite Delivery / Indefinite Quantity Contract(s) for projects less than $150,000 for facility maintenance, repair, remodeling, renovation, and new construction. Contractor shall furnish all labor, supervision, materials, equipment, transportation and incidentals to perform work in accordance with all terms, specifications, conditions, and provisions of this solicitation and task order statements of work.

All offers must be received in hardcopy format at the address, date and time shown on this document. Faxed or e-mailed offers are not authorized. Pre-proposal meetings will be held: see Section L.

Taxpayer ID #: ________________________ Registered in CCR? _______ yes __________ no

DUNS #: _____________________________ Registered in ORCA? _______ yes ________ no

11. The Contractor shall begin performance within * calendar days and complete it within * calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (* Per project task order)

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

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

YES** NO

12B. CALENDAR DAYS

**Alternative Payment Protection furnished upon award of task order.

See page 24, clause 52.228-13

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __1__ copies to perform the work required are due at the place specified in Item 8 by 4:00 pm (hour) local time March 13, 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

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

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:nbarrow@fs.fed.us

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

DUNS Code:

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

AG-4756-S-12-0006

Facility Construction IDIQ, CNF

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Representative Task Order 1, Ocoee Scenic Byway Signs: Contractor shall furnish all supplies, equipment, labor, supervision, transportation and incidentals to construct two Major Site Identification Signs and three

Minor Site Identification Signs in strict accordance with attached contract terms and task order specifications and drawings.

ITEM 1: Two Major Site I.D. Signs: Ocoee Ranger District Office and Ocoee Whitewater Center

Item

No.

Description Quantity Unit Method of

Measure*

Unit Price Total Price

1A

Reinforced Concrete Footing, 8” thick

CY

CQ

1B

Concrete Masonry Unit, Reinforced and Grouted

SF

1C

Native Rock Veneer

1D

Sign and Bracket, Major Type

EA

TOTAL, ITEM 1A – 1D: $__________________________

ITEM 2: Three Minor Site I.D. Signs: Parksville Beach, Parksville Boat Ramp, and East Parksville Boat

Ramp

Item

No.

Description Quantity Unit Method of

Measure*

Unit Price Total Price

2A

Reinforced Concrete Footing, 8” thick

1.5

CY

2B

Reinforced Concrete Column, 1’-8” x 1’-8” x 2’ High

0.75

2C

Native Rock Veneer

2D

Sign and Bracket, Minor Type

EA

TOTAL, ITEM 2A – 2D: $__________________________

GRAND TOTAL, ITEMS 1 AND 2: $________________________

(*Method of Measure = Contract Quantity)

GENERAL INFORMATION

The Cherokee National Forest is soliciting for construction services to include facility renovation, remodeling, repair, and minor new construction. Work will be performed at recreation or administrative sites within the administrative boundaries of the Forest.

This solicitation will result in the award of multiple indefinite delivery/indefinite quantity task order contracts with one base period and four option years that may be exercised at the discretion of the

Government. The guaranteed minimum amount for each awarded contract, inclusive of the base and all option periods, will be $3,000. Orders issued by the Government will include complete specifications and drawings (if needed) for the work required. The type of work will vary per task order.

Price range for each task order shall be between $2,000 and $150,000. Each awarded contract shall not exceed $500,000 over the base period and four option years.

REPRESENTATVE TASK ORDER INFORMATION

The Ocoee Scenic Byway Sign Project, when completed, will encompass construction of fifteen signs of various sizes and designs along Highway 64 in Polk County, TN. Signs will fall into one of three categories:

large portal signs, major site signs, and minor site signs. All will feature a combination of concrete or masonry base with stone veneer and timber posts.

The representative task order included in this solicitation is for the construction of two major and three minor signs along the Ocoee Scenic Byway. Precise locations have not been determined for new signs relative to existing features. Signs will be furnished by the Forest Service and installed by the contractor.

Offerors are required to submit pricing for the representative task order using the Schedule of Items, Section

B. Specifications, drawings, and wage determination for this task order are listed in Section J and included as an attachment to this solicitation. Award of this task order may not be made from pricing submitted in response to this Request for Proposals.

PRE-PROPOSAL CONFERENCES

Date: February 22, 2012 Time: 1:00 p.m. local time

Location: Cherokee National Forest Supervisor’s Office, 2800 North Ocoee Street, Cleveland TN 37312

Date: February 23, 2012 Time: 8:30 a.m. local time

Location: Watauga Ranger District Office, 4400 Unicoi Drive, Unicoi, TN 37692

PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

This section provides general guidance for preparing proposals. Proposals must include all data and information requested by this solicitation and must be submitted and conducted in strict accordance with these instructions and instructions in Section L.

1. Offerors shall submit original and one copy of a Business Proposal. This will include:

a. Standard Form 1442 - complete blocks 10, 14, 15, 17, 19, 20A, 20B, and 20C.

b. Pricing for Representative Task Order - complete Schedule of Items.

c. Representations and Certifications – Section K.

2. Offerors shall submit original and one copy of a Technical Proposal. This will consist of a completed Experience Questionnaire (attached). Do not include pricing information in your technical proposal. When listing experience, show only your work most relevant to this solicitation.

(See Section M for description of relevant work).

3. Offerors shall submit Past Performance information as follows: each offeror is responsible for sending the attached Past Performance Questionnaire to no more than five clients for whom relevant work was performed or completed within the last three years. Direct the client to submit the survey directly to the Contracting Officer shown below:

Nina B. Barrow, Contracting Officer

Cherokee National Forest

2800 North Ocoee Street

Cleveland, TN 37312

The completed questionnaires must be received no later than the offer due date and time indicated on Standard Form 1442, Block 13. Questionnaires submitted directly by offerors will not be reviewed. The Government may obtain past performance information from sources other than those submitted by the Offeror.

The technical and business proposals for the award of the basic IDIQ contract(s) will be evaluated based on information relative to both the overall Scope of Contract, and information presented for the representative task order. The evaluation criteria are described in Section M.

Offerors lacking recent and relevant present/past performance experience may submit information regarding key personnel who have recent and relevant experience. In this case, offerors shall provide the following information, as a minimum, to allow the government to conduct a past performance evaluation for those key personnel cited by the offeror:

a) Name of Key Personnel

b) Complete Address

c) Telephone Number

d) Brief synopsis of relevant experience (a resume may be submitted)

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SCOPE OF CONTRACT

The scope of work for this contract includes a broad range of facility maintenance, repair, remodeling, renovation, and new construction projects. Contractor shall furnish all labor, supervision, materials, equipment, transportation and incidentals to perform work in accordance with all terms, specifications, conditions, and provisions of this solicitation, and task order statements of work.

Construction-trade projects may include, but are not limited to: new construction or renovation work on buildings (for example, bathhouses or restrooms), campsites, pavilions, docks/piers, work centers, administrative buildings (including District Offices), etc., at Forest Service sites. Work may also include incidental road work and non-facility items, such as construction surveying and staking, clearing and grubbing, excavation, borrow, topsoil, concrete, asphalt, and culvert pipe.

LOCATION

All work sites will be located within the administrative boundaries of the Cherokee National Forest as follows:

Ocoee Ranger District, Benton, TN

Tellico Ranger District, Tellico Plains, TN

Unaka Ranger District, Greeneville, TN

Watauga Ranger District, Unicoi, TN

Jacobs Creek Job Corps Center, Bristol, TN

Work may be performed at administrative buildings, work centers, campgrounds, or other recreation facilities. Work may also be performed at remote Forest Service sites in rural/mountain locations. Access roads may be paved or gravel surfaced. Cell phone coverage may not be available; closest supply sources may be a 2-hour drive or more from work site. Potable water, electricity, and sanitary facilities may not be available at some sites.

SPECIFICATIONS

(a) Specifications for work will be in the most current edition of the Construction Specification Institute's

(CSI) Master Format.

(b) The intent of these specifications is to furnish concise industrial and/or commercial standards for construction, renovation, maintenance and repair of Government facilities.

CONSTRUCTION REQUIREMENTS

(a) The latest edition of the following building codes, at the time of issuance for each task order, shall be used for construction under this contract. Referenced codes include, but are not limited to:

ICC International Residential Code (IRC), latest edition

(b) American Society for Testing and Materials (ASTM) Specifications

1. Copies of the ASTM specifications referred to herein may be obtained by contacting the Society at:

AMERICAN SOCIETY FOR TESTING AND MATERIALS

1916 Race Street, Philadelphia, PA 19103

AGAR 452.236-78 Forest Service Standard Specifications for Construction of Roads and Bridges

(NOV 1996) (For road trades work) The Standard Specifications for Construction of Roads and Bridges, FP-03 U.S. Customary Units, by the

U.S. Department of Transportation, Federal Highway Administration, are included by reference. The requirements contained in these specifications are hereby made part of this solicitation and any resultant contract.

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 Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D - Packaging and Marking

[No clauses are included in this section]

SECTION E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The

Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests 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 under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work.

Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the

Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F - Deliveries or Performance

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is for one year from date of award, with option for four additional years.

SECTION G - Contract Administration Data

TASK ORDER AWARD PROCESS

The representative task order project included with this solicitation may not be awarded as a task order when the initial contracts are awarded. For future task orders, the following information applies:

Task order competition: Following contract award, task orders will be competed among awarded contractors. Task order quotations received from contractors will be evaluated on price, contractor’s availability for performance, and past performance on earlier task order awards. If necessary, the

Government reserves the right to make awards outside of this solicitation in order to meet procurement preference goals.

Each awardee will be given a fair opportunity to be considered for a task order exceeding $2,000 unless one of the following exceptions applies:

1. The need for the service is so urgent that providing a fair opportunity would result in unacceptable delay.

2. The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already under the contract; provided that all awardees were given a fair opportunity to be considered for the original order.

3. It is necessary for the Government to place an order to satisfy a minimum guarantee.

Task Order Announcement: When a task is identified for award under this contract, the sequence of events will generally be as follows:

1. The Contracting Officer will notify contractors of the requirement.

2. When offered an order, contractors must respond to the Contracting Officer with their price and ability to accept and complete the order. Proposals will generally be due within 14 calendar days from date of the request, or other period as stated in the request. Applicable Davis-Bacon wage rates and goals for minority and female participation will be included with each order.

Contractors shall submit a proposal with pricing and statement of availability to perform the ordered work to the CO in response to the order. The Contractor’s price breakdown shall address all items listed in the task order, or be presented as a lump sum price if that is requested. Firm fixed price task orders will be awarded under this contract.

3. The CO will issue an order to the Contractor whose proposal represents the best value to the

Government. The low priced order may not always represent the best value.

4. IDIQ contractors are expected to provide good faith proposals in response to task orders issued during the life of the contract. If a contractor is unable to respond due to conflicting commitments or lack of capacity, the ordering official may excuse the contractor from a competition upon specific written request. However, repeated failure to provide a good faith proposal will result in the contract not being renewed and will release the government from the minimum guarantee obligation.

5. Proposal preparation costs are at the expense of the offeror and will not be reimbursed

Payments: Payment for task orders will be based on each individual task order’s unit prices and actual measurement of performance completed (validated by contract specifications, drawings, schedules, progress reports, and COR / inspector site visits).

Vendor Billing Instructions - Invoices must include the following information:

Vendor’s name and address

Vendor’s Taxpayer Identification Number

Invoice date

Invoice number (a unique number; not just “1”)

Invoice amount

Task Order number*

Unit and extended pricing, and total price

Vendor’s signature

*IMPORTANT: Your task order will include both a contract number and an order number; your invoice must show the ORDER number. Failure to show the correct information will delay payment. Send invoice to

Project COR; address will be shown on the task order.

Government-Furnished Property: The Government will specify item(s) of Government property to the

Contractor(s) for use in the performance of this contract on individual task orders. This property shall be used and maintained by the Contractor(s) in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Authorized Ordering Officials: All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. All task orders will be issued for work on the Cherokee

National Forest. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $3,000, but not in excess of $500,000 for each awarded contract.

The guaranteed minimum for each firm’s contract shall be $3,000. Should an IDIQ contractor be unable to competitively secure a task order to meet the minimum guarantee, the Government reserves the right to negotiate a task order to meet the guarantee.

SECTION H - Special Contract Requirements

Mid-Term Changes: During the 5-year term of the contract, the Contracting Officer may determine a need to reduce or augment the original pool of awarded contracts.

Exiting Contracts: Contractors who repeatedly fail to provide a proposal in response to issued task orders will not have their next option year renewed.

Entering Contracts: Following completion of the first option year, the Government reserves the right to solicit for a limited number of additional contractors to be included in this multiple-award contract. The solicitation, terms and conditions and source selection procedures will be the same as under this original solicitation. Any new awardees will compete with the existing or remaining contractors for all subsequent task orders. The period of performance for the new awardees will not exceed the overall maximum term of the original IDIQ contract, including options.

SECTION I - Contract 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. (OCT 2010)

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. (OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 Central Contractor Registration. (APR 2008)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUL 2010)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.215-2 Audit and Records - Negotiation. (OCT 2010)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the date of contact expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $150,000;

(2) Any order for a combination of items in excess of $150,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, the Contractor shall not be required to make any deliveries under this contract after work is completed on orders issued during the contract base period, unless option is exercised.

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.219-6 Notice of Total Small Business Set-Aside. (JUN 2003)

52.219-8 Utilization of Small Business Concerns. (JAN 2011)

52.219-14 Limitations on Subcontracting. (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.222-3 Convict Labor. (JUN 2003)

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

52.222-5 Davis-Bacon Act--Secondary Site of the Work. (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (JUN 2010)

(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 subparagraph (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.

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)

(a) Definition. Construction, alteration or repair, as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation--

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph

(a)(1)(i) of the FAR clause at 52.222-6, in the "site of the work" definition).

(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled--

(1) Davis-Bacon Act;

(2) Contract Work Hours and Safety Standards Act--Overtime Compensation (if the clause is included in this contract);

(3) Apprentices and Trainees;

(4) Payrolls and Basic Records;

(5) Compliance with Copeland Act Requirements;

(6) Withholding of Funds;

(7) Subcontracts (Labor Standards);

(8) Contract Termination--Debarment;

(9) Disputes Concerning Labor Standards;

(10) Compliance with Davis-Bacon and Related Act Regulations; and

(11) Certification of Eligibility.

(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting

Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.

52.222-12 Contract Termination - Debarment. (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)

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

52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately Specified Method). (DEC 2001)

(a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and

Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period.

(b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of--

(1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract;

(2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or

(3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and

Option Contracts). (SEP 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(DEC 2007)

52.223-14 RESERVED.

52.223-18 Contractor Policy to Ban Text Messaging While Driving. (SEP 2010)

(a) Definitions. As used in this clause -

"Driving" - (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text

Messaging while Driving, dated October 1, 2009.

(c) The Contractor should -

(1) Adopt and enforce policies that ban text messaging while driving -

(i) Company-owned or rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as -

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(d), in all subcontracts that exceed the micro-purchase threshold.

52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR

2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46

U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

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

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item

(See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: none

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to…