Final_Walker2012.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-56A1-S-12-0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

5/22/12

PAGE 1 OF 34 PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

583021

6. PROJECT NO.

AG-56A1-12-0002

7. ISSUED BY CODE

56A1 8. ADDRESS OFFER TO

Ann Ball

US Forest Service 626 E. Wisconsin Avenue

Milwaukee, WI 53202

EASTERN REGION USDA FOREST SERVICE

9. FOR INFORMATION

CALL:

a. NAME

ANN BALL

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

(414) 297-1834

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)

Walker District Administrative Complex Construction Project: AG-56A1-S-12-0002

This is a total Small Business Set-Aside Project. Offerors must be Small Business certified at the time of Proposal.

Price Range:

In accordance with FAR part 36.204, the estimated magnitude of construction is between $1,000,000 and $5,000,000.

Bid Guarantee shall be 20% of Bid Price and is required at time of proposal (SF-24 in section J). Performance and Payment Bonds shall also be required from contract awardee.

Site Visit: May 30, 2012, at 9 a.m. at the Walker Community Center Complex

105 Tower Avenue East

Walker, MN 56484

DUNS NO. _____________________

TAX ID NO. _____________________

Continued…

11. The contractor shall begin performance calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

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

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 5 copies to perform the work required are due at the place specified in Item 8 by 1500 (hour) local time (date). If this is a sealed bid solicitation, offers will 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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

X

10 190

X X

X

June 21, 2012

X

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 56A1 27. PAYMENT WILL BE MADE BY

EASTERN REGION USDA FOREST SERVICE

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.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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 requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications 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)

Colleen Hightower

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

X

Region 9 – Walker Minnesota Administrative Complex

Solicitation AG-56A1-S-12-0002

TABLE OF CONTENTS

SECTION A:

Solicitation, Offer, and Award Standard Form 1442 Pages 1-2

SECTION B:

Notice to Offerors B-1 Schedule of Items Pages 4-7

SECTION C:

Description/Specifications/Statement of Work Page 8

SECTION D:

Packaging and marking Page 9

SECTION E:

Inspection and Acceptance Page 10

SECTION F:

Deliveries or Performance Page 11

SECTION G:

Contract Administration Data Page 12

SECTION H:

Special Contract Requirements Page 13

SECTION I:

Contract Clauses Pages 14-17

SECTION J:

List of Documents, Exhibits, and Other Attachments Page 18

SECTION K:

Representations, Certifications, and Other Statements of Offerors Pages 19-25

SECTION L:

Instructions, Conditions, and Notices to Offerors or Respondents Pages 26-31

SECTION M:

Evaluation Factors for Award Pages 32-34

SOL NO. AG-56A1-S-12-0002

PART I – THE SCHEDULE

SECTION B – NOTICE TO OFFERORS

The intent of this Request for Proposal is to secure a firm fixed price contract awarded to a single contractor.

1. Bidding materials consisting of drawings, specifications, and contract forms which may be obtained by qualified General (Prime) Contractors interested in submitting proposals directly from the Federal Business Opportunities (FBO) website at www.fbo.gov. There will be no CDs or paper copies of the solicitation issued. It is the offeror’s responsibility to monitor the FBO website until bid opening for any amendments which may be issued to this solicitation.

2. A bid guarantee is required in an amount not less than 20 percent of the bid price, but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper format and amount shall cause rejection of the proposal as unacceptable. Please submit bid bonds on Standard Form 24, copy found in Section J.

3. Offerors shall submit a completed, dated and signed SF1442, including acknowledgement of any and all amendments and the completed Schedule of Items in Section B;

Representations and Certifications and have completed the Representations and

Certifications electronically in the Online Representations and Certifications Applications

(ORCA) website at http://orca.bpn.gov reference in Section K; complete and shall complete and submit a Responsibility Determination Questionnaire; (See attachment in Section J) and shall submit Performance Bonds (Standard Form 25) and Payment Bonds (Standard

Form 25-A) at 100% of the construction price prior to start of work. (Copies of Standard

Form 25 and 25A are located in Section J).

4. The Schedule of Items and Detailed Cost proposal shall be provided under separate cover in a sealed envelope and as a separate file on the CD/DVD. All bids mailed, hand carried must be received by the date, time and location specified in this solicitation.

Facsimile proposals are not allowed on this solicitation. In addition to one hardcopy submission, Offerors shall submit all information electronically in accordance with these instructions. Five copies of electronic information shall be submitted on a CD/DVD capable of being read utilizing a Windows XP or 7 Operating System. Documentation shall be stored on the CD/DVD as two (2) separate pdfs. One file shall contain Section B the schedule of bid items and Offeror’s detailed pricing proposal. The other file shall contain all other documentation required for submission see Section L for details.

http://www.fbo.gov/ http://orca.bpn.gov/

SECTION B – NOTICE TO OFFERORS

5. Any questions regarding this solicitation must be submitted in writing to the Contracting

Officer. The cutoff for submission of questions is June 11, 2012, after which an amendment may be issued to share any information to all prospective bidders.

6. The technical evaluation board will evaluate each proposal on its content and information submitted. It is in the Offerors best interest to provide a comprehensive proposal by submitting all the information required. The Contracting Officer will determine if clarifications/discussions are necessary. If discussions occur a request for Final Proposal

Revisions may occur. The award will be made to the Offeror whose proposal is most advantageous to the Government, price and other factors considered.

B.1 SCHEDULE OF ITEMS

ITEM

NUMBER

DESCRIPTION PRICING INSTRUCTIONS QTY UNIT OF

MEASURE

TOTAL

BASE BID

01 MOBILIZATION Includes costs for mobilization of equipment, materials, and supplies, which are not included in a line item below. This would include but not limited to; bonding, insurance, permit fees, field office and staff, temporary utilities (phone, power, sanitation), site clean-up, waste disposal, field office vehicles and their operational costs, superintendence, safety and QC costs, and any other project costs not directly associated with a line item below.

LUMP

SUM

02 OFFICE

BUILDING/

HEATED

GARAGE

Includes all costs associated with constructing the new office/heated garage. Include only site work located within the designated building areas as shown on the drawings, Sheets C104.1 and C104.2.

Main Office Building

Heated Garage portion

1 LUMP

SUM

TOTAL LINE ITEM O2

03 GENERAL SITE

COSTS

All Site work outside the designated building areas, except as noted in the individual line items below. This includes but not limited to;

demolition, clearing, grubbing, tree removal, excavation, fill, grading, sub and base courses, surface gravel, drainage structures, catch basins, storm drain lines, retaining walls, slope stabilization, erosion control, fencing, seeding, mulching, site lighting (except those on the building), etc..

It does not include landscape plantings (trees & shrubs) or site furniture. These costs are included in Optional bid item OP-08.

SUM

04 SITE UTILITY

AND

WALKWAYS

Includes all costs associated with constructing and installing the sites utilities and walkways.

Under the base bid all utilities to Base Bid 02, Optional Bid items OP-

07 and OP-08 and future Buildings #3, 4 & 6, shall be provided and terminated 5 feet from their respective location as shown on the drawings. (Sheets C104.1, C104.2, C104.3 and C104.4). Terminated utilities shall be capped and include isolation valves when applicable.

Electric utilities shall be terminated in underground splice blocks.

SUM

05 ROAD AND

PARKING LOT

SURFACING

Includes all costs associated with construction and placing the bituminous pavement on roads, access drives and parking lots indicated on sheet C102 of the drawings as part of the base bid.

Includes striping, signage related to roadways and parking, and parking blocks and/or other roadway and parking structures.

Note: Optional bid item OP-10includes the bituminous paving of the remainder of the roads, access drives and parking lots not included as part of the base bid.

TOTAL BASE BID

B.1 SCHEDULE OF ITEMS (continued)

ITEM

NUMBER

DESCRIPTION PRICING INSTRUCTIONS QTY UNIT OF

MEASURE

TOTAL

OPTIONAL BID ITEMS

OP-06 UNHEATED

VEHICLE

GARAGE

Includes all costs associated with constructing the unheated vehicle garage. Include only site work located within the designated building areas as shown on the drawings, Sheets

C104 and C104.4

SUM

OP-07 CREW

QUARTERS

Includes all costs associated with rehabilitating/remodeling/replacing the Crew Quarters Building.

Include only site work located within the designated building areas as shown on the drawings, Sheets C104 and C104.3.

SUM

OP-08 LANDSCAPING Includes site plantings, site furnishings and site signage not associated with roads and parking.

SUM

OP-09 BIO MASS

BOILER

Includes all cost associated with furnishing and installing the bio mass boiler system, This includes but is not limited to;

modification to the base mechanical system as indicated in the drawings and specifications, resizing of the LP gas fired boiler, installation of the bio mass boiler, storage silo, pellet feed, pellet feed hopper, pellet bin, all required controls, piping and all other requirements necessary to make the system complete, operational and fully integrated with the rest of the mechanical system.

SUM

OP-10 Asphalt paving of the remainder of the Site.

Install a 3‖ bituminous pavement (type E0.3) consisting of a 1.5 inch binder course, tack coat, and 1.5 inch finishing course on roads, access drives and parking lots not included in Base Bid

05.

TOTAL OPTIONAL BID ITEMS

TOTAL BASE BID AND OPTIONAL BID ITEMS

SECTION C – Description/specifications/Statement of Work

Work for this project includes new construction of a 9,300 ft two-story District office with an attached 3,735 ft heated warehouse. Optional items include a 6,259 ft unheated garage, a

2,520 ft crew quarters and site work. Demolition, limited utility connections and landscaping are also included in the project. Contractor shall furnish all labor, materials, equipment, tools, transportation and perform all work required in accordance with drawings and specifications of the contract.

The Walker District Office Project will be constructed as a LEED (Leadership in Energy &

Environmental Design) Silver rated project. All interested prime contractors and/or joint ventures companies should have past LEED construction experience or personnel with

LEED project experience.

Project Location:

This project is located at 201 Minnesota Avenue East, Walker, MN 56484 on the Chippewa

National Forest.

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.

TECHNICAL SPECIFICATIONS AND DRAWINGS

Technical Specifications for this project are an attachment in Section J, which shall be downloaded and printed. Specifications are as follows:

Volume I 397 pages

Volume II 702 pages

Drawings are also attached and located in Section J. An Index and 8 sets of drawings are provided. Drawings shall be downloaded and printed.

SECTION D – Packaging and Marking

Intentionally Left Blank.

SECTION E – Inspection and Acceptance

FAR 52.246-12 Inspection of Construction. (APR 1996)

SECTION F – Deliveries or Performance

FAR 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 190 days. The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 Liquidated Damages – Construction. (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the

Contractor shall pay liquidated damages to the Government in the amount of $1,065 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

FAR 52.242-14 Suspension of Work. (Apr 1984)

SUSPENSION OF WORK FOR OTHER THAN GOVERNMENT CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions that when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such actions would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION G – Contract Administration Data

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer shall 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. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should advise the COR. If the COR 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 should result in nonpayment or necessitate submittal of a contract claim.

SECTION H – Special Contract Requirements

FAR 52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The

Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications show only general location of utilities. Contractor shall coordinate work with GOPHER STATE ONE in

Minnesota before starting work. The Government assumes no liability for damage to utilities.

(b) Weather conditions: Contractor shall be familiar with local weather patterns and plan work accordingly.

(c) Transportation facilities: NA.

SECTION I – Contract Clauses

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

Clauses in Reference:

FAR 52.202-1 Definitions. (JAN 2012)

FAR 52.203-3 Gratuities. (APR 1984)

FAR 52.203-5 Covenant Against Contingent Fees. (APR 1984)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

FAR 52.203-7 Anti-Kickback Procedures. (OCT 2010)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

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

FAR 52.204-7 Central Contractor Registration. (FEB 2012)

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

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

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

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

FAR 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

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

FAR 52.219-14 Limitations on Subcontracting. (NOV 2011)

FAR 52.222-3 Convict Labor. (JUN 2003)

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

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

FAR 52.222-7 Withholding of Funds. (FEB 1988)

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

FAR 52.222-9 Apprentices and Trainees. (JUL 2005)

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

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

FAR 52.222-12 Contract Termination - Debarment. (FEB 1988)

FAR 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

FAR 52.222-15 Certification of Eligibility. (FEB 1988)

FAR 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

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

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

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

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

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (DEC 2007)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

FAR 52.223-6 Drug-Free Workplace. (MAY 2001)

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

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

FAR 52.227-1 Authorization and Consent. (DEC 2007) http://www.arnet.gov/far http://www.usda.gov/procurement/policy/agar.html

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

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

FAR 52.228-2 Additional Bond Security. (OCT 1997)

FAR 52.228-11 Pledges of Assets. (JAN 2012)

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

FAR 52.228-14 Irrevocable Letter of Credit. (DEC 1999)

FAR 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

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

FAR 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

FAR 52.232-17 Interest. (OCT 2010)

FAR 52.232-18 Availability of Funds. (APR 1984)

FAR 52.232-23 Assignment of Claims. (JAN 1986)

FAR 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008)

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

FAR 52.233-1 Disputes. (JUL 2002)

FAR 52.233-3 Protest after Award. (AUG 1996)

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

FAR 52.236-2 Differing Site Conditions. (APR 1984)

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

FAR 52.236-5 Material and Workmanship. (APR 1984)

FAR 52.236-6 Superintendence by the Contractor. (APR 1984)

FAR 52.236-7 Permits and Responsibilities. (NOV 1991)

FAR 52.236-8 Other Contracts. (APR 1984)

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

FAR 52.236-10 Operations and Storage Areas. (APR 1984)

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

FAR 52.236-12 Cleaning Up. (APR 1984)

FAR 52.236-13 Accident Prevention. (NOV 1991)

FAR 52.236-14 Availability and Use of Utility Services. (APR 1984)

FAR 52.236-15 Schedules for Construction Contracts. (APR 1984)

FAR 52.236-16 Quantity Surveys. (APR 1984)

FAR 52.236-17 Layout of Work. (APR 1984)

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

FAR 52.236-26 Preconstruction Conference. (FEB 1995)

FAR 52.242-13 Bankruptcy. (JUL 1995)

FAR 52.243-4 Changes. (JUN 2007)

FAR 52.245-1 Government Property. (APR 2012)

FAR 52.246-21 Warranty of Construction. (MAR 1994)

FAR 52.248-3 Value Engineering - Construction. (OCT 2010)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012)

FAR 52.249-10 Default (Fixed-Price Construction). (APR 1984)

FAR 52.253-1 Computer Generated Forms. (JAN 1991)

FAR 52.228-1 Bid Guarantee. (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds -

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference

FAR 52.228-5 Insurance – Work on a Government Installation. (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

FAR 52.244-6 Subcontracts for Commercial Items. (DEC 2010)

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

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery

Act.

(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a)).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause

52.222-40.

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

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46

U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

FAR 52.245-2 Government Property Installation Operation Services. (Apr 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an ―as-is, where is‖ condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the

Government Property clause of this contract.

(e) Government property provided under this clause:

Heat Recovery Ventilator for Crew Quarters (Carrier Model # HRV CCLHA)

Air Compressor to be located in Admin Building Engine Bay/Mechanical Room 6 hp, electric, 30 gallon

Craftsman air compressor. Model # is 919.165130

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

AGAR 452.236-72 Use of Premises. (NOV 1996)

AGAR 452.236-73 Archaeological or Historic Sites. (FEB 1988)

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

AGAR 452.236-76 Samples and Certificates. (FEB 1988)

AGAR 452.236-77 Emergency Response. (NOV 1996)

SECTION J – List of Documents, Exhibits, and Other Attachments

Attachment

Number

Attachment Title Date Number of Pages

Cross

Reference

Materials

Document

Version

1 General and Index 05/08/2012 1 Location Map and Project Site

Location

BASE

2 Civil Drawings 05/08/2012 25 Civil BASE

3 Landscape Drawings 05/08/2012 6 BASE

4 Architectural Drawings 05/08/2012 35 BASE

5 Structural Drawings 05/08/2012 11 BASE

6 Mechanical Drawings 05/08/2012 22 BASE

7 Plumbing Drawings 05/08/2012 10 BASE

8 Fire Protection

Drawings

05/08/2012 2 BASE

9 Technology Drawings 05/08/2012 20 BASE

10 Walker Specifications

Vol I Div 0-14

05/09/2012 397 BASE

11 Specifications Vol II

Div 21-33

05/09/2012 702 BASE

12 Davis Bacon Wage

Determination

05/09/2012 7 MN Wage

Determination

BASE

13 Responsibility

Questionnaire

05/09/2012 3 BASE

14 Bid Bond SF24 05/09/12 1 BASE

15 Performance Bond SF-25 05/09/12 1 BASE

16 Payment Bonds SF-25 A 05/09/12 1 BASE

SECTION K – Representations, Certifications, and Other Statements of Offerors

FAR 52.223-1 Biobased Product Certification. (DEC 2007)

FAR 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2012)

(a) Definitions. As used in this clause -

"Long-term contract" means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to

Extend Services, or other appropriate authority.

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the

Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts -

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online

Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 236220 assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

FAR 52.204-8 Annual Representations and Certifications. (May 2012)

(a)(1) The North American Industry classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its

Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its

Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DOD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at

52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

X__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Certification.

X__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online

Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov .

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR https://www.acquisition.gov/

4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

FAR 52.209-5 Certification Regarding Responsibility Matters. (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks ―have‖, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has…