SF-1442 SOLICITATION OFFER AND AWARD.doc

PAGE

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-63PX-S-09-0008

2. TYPE OF SOLICITATION

xxx SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

07/29/2009

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

277773

6. PROJECT NO.

7. ISSUED BY

CODE

USDA Forest Service Northern Research Station – AQM

1992 Folwell Avenue

St. Paul, MN 55108

Same as Block 7

9. FOR INFORMATION

CONTACT

A. NAME: Paul Polasky Paul Polasky (Technical) Carol Hulstrom (Contracting)

B. email address ppolasky@fs.fed.us chulstrom@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):

Window Replacement – Rhinelander, Wisconsin

Government Estimate: Less than $150,000 NAICS Code is: 238150 DUNS No:_________________________ TAXPAYERS ID: ______________________ Insert: E-Mail address: _________________________

Contact Phone Number: ___________________ and Contact Name:__________________________ Hub-Zone Set-Aside

11. The Contractor shall begin performance within 10 calendar days and complete it within 45 calendar days after receiving

FORMCHECKBOX

award, x notice to proceed. This performance period is x mandatory, FORMCHECKBOX 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.)

xx YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 11:00 local time 08/27/2009 . 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 x is, FORMCHECKBOX 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)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

CODE

FACILITY 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

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

FORMCHECKBOX

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

FORMCHECKBOX

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

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

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.

FORMCHECKBOX

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)

PART I—THE SCHEDULE

SECTION B - SCHEDULE OF ITEMS

Window Unit Replacements

Rhinelander Forest Sciences Laboratory

Rhinelander, Wisconsin

ITEM

* METHOD OF

PAY

ESTIMATED

NO.

DESCRIPTION

MEASUREMENT

UNIT

QUANTITY

AMOUNT

Base Bid

01 Remove existing window Unit (Set) Each units and replace with new window units 1960/1970 wings.

Additive Alternate 1

02 Remove existing window Unit (Set) Each units and replace with new window units in the 1956

Annex.

TOTAL BID $____________

03 ACM abatement, if required.

Lump Sum Job

52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for:

August 6, 2009 at 9:00 a.m. CDT

(c) Participants will meet at:

USDA Forest Service

Northern Research Station

Forestry Sciences Laboratory

5985 Highway K

Rhinelander, Wisconsin 54501

Bill Danfield: 715-362-1133 AGAR 452.236-70 Additive or Deductive Items (FEB 1988)

The low bidder for purposes of award shall be the conforming responsible bidder offering the low aggregate amount for the first or base bid item, plus or minus (in the order of priority listed in the schedule) those additive or deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened. If addition of another bid item in the listed order of priority would make the award exceed such funds for all bidders, it shall be skipped the next subsequent additive bid item in a lower amount shall be added if award thereon can be made within such funds. For example, when the amount available is $100,000 and a bidder's base bid and four successive additives are $85,000, $10,000, $8,000, $6,000, and $4,000, the aggregate amount of the bid for purposes of award would be $99,000 for the base bid plus the first and fourth additives, the second and third additives being skipped because each of them would cause the aggregate bid to exceed $100,000. In any case all bids shall be evaluated on the basis of the same additive or deductive bid items, determined as above provided. The listed order of priority need be followed only for determining the low bidder. After determination of the low bidder as stated, award in the best interests of the Government may be made to the low bidder on its base bid and any combination of its additive or deductive bid for which funds are determined to be available at the time of the award, provided that award on such combination of bid items does not exceed the amount offered by any other conforming responsible bidder for the same combination of items.

Bids may be faxed to: 651-5285 or Emailed to: jtaveirne@fs.fed.us

SECTION C--DESCRIPTION/SPECIFICATIONS

PART 1 – GENERAL

1.1 SCOPE

This request for bids covers all labor, materials, equipment, rentals, and subcontracted services for the removal of existing wood-framed windows, and the installation of new energy-efficient aluminum-clad wood windows in the 1960/1970 office wings, as described in the specifications, at the Rhinelander Forestry Sciences Laboratory (FSL) located in Rhinelander, Wisconsin. The intent of this project is to provide thermally efficient, low maintenance operative window replacements that compliment the existing building architecture and will last into the next decades. An Add/Alternative bid is requested for replacement of the 1956 Annex windows.

1.2 GENERAL REQUIREMENTS

A. GOVERNMENT OCCUPANCY

1. The Contractor must plan and coordinate all work with the Government to minimize interruption of building services and employee occupancy of the existing building/offices, and other facilities at this site.

B. PROJECT STAGING AREA

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

C. SANITATION FACILITIES

1. The Contractor may use the government facilities during the execution of this project. It is required that the contractor personnel who use these facilities do so in a responsible manner, and not track soil or mud into the facility.

D. GOVERNMENT FURNISHED UTILITIES

1. The Government will furnish electrical and water utilities for the contractor’s use during construction within reason, provided the Contractor uses these efficiently and economically. Use of government furnished electricity for the purposes of providing space heating will not be permitted.

2. The use of Government furnished telephone utility and fax machine shall be limited to local, emergency calls. Incoming calls will not be accepted on Government phones. Contractor shall provide his own phones.

E. REFUSE/WASTE DISPOSAL

1. Each window unit removed in conjunction with this project shall become the property of the Contractor, who shall be responsible for removing the window unit off government property and disposing of said unit in an approved landfill.

NOTE: Window units may have asbestos-containing materials. If this is the case, appropriate ACM handling and disposal procedures will be mandatory. Samples from the window units will be tested and the results will be provided to all interested proposers, prior to the bid closing date.

2. Removed window units may be stockpiled at a site acceptable to the Government for removal off-site upon completion of the project, or deposited in a Contractor-provided dumpster. See NOTE above.

3. The Contractor will be required to provide a dumpster or hauler for disposal of all project-generated debris.

4. The Contractor shall maintain the project site free and clear of garbage/debris on a daily basis.

F. WORKING SCHEDULE

1. The standard working hours for this facility are 8:00 – 4:30, Monday thru Friday, excepting official Federal holidays.

2. The Contractor shall submit a complete plan of work, work schedule and safety plan to the Contracting Officer prior to the start of work. The Contractor shall notify the CO, the COR and the on-site Government representative seven (7) days prior to the commencing of work. The work schedule shall delineate the rooms in which the window units will be replaced such that adequate notification of office occupants can be made.

G. FIELD VERIFICATION

1. The drawings provided are rough sketches and do not necessarily represent the actual construction/installation of the window units. It is the Contractor’s responsibility to field-verify existing window cavities prior to ordering new window units for this project.

PART 2 – PRODUCTS

A. WINDOW UNITS

1. The Contractor shall reference Section 08551 – Aluminum-Clad Wood Casement Windows and Part 3 – Execution of this scope for a complete product description of new window units.

PART 3 – EXECUTION

A. TEMPORARY WINDOW PROTECTION

1. Each window cavity shall be protected during the removal and installation for the new window unit such that no cavity is left unprotected overnight during the execution of this project. All window cavities shall be secured against unauthorized access. Upon removal of the existing window unit, the new window unit shall be installed and fully secured in place.

B. WINDOW REMOVAL AND INSTALLATION

1. The Contractor shall reference Section 08551 – Aluminum-Clad Wood Casement Windows, for a complete description of installation requirements for new window units.

2. Base Bid:

The window units to be removed are wood casement or wood fixed-pane units with single pane glass. The replacement windows vary in size and configuration (see sketch and Base Bid Table). Replacement windows in the 1960/1970 wings shall be wood-framed triple-glazed with exterior tan aluminum cladding and interior wood stained or painted, as indicated on the table (Pella, or approved equal). All windows are to be constructed with integral Slim-shade blinds, with hand-crank operators mounted at the interior bottom of the window unit. Casement windows shall be equipped with removable screens and hand-crank operators and matching hardware.

Add/Alternate Bid 1:

The window units in the 1956 Annex Building are aluminum framed, with aluminum trim both interior and exterior. Most have an awning panel at the bottom that hinges open to allow natural ventilation. These windows are to be replaced with brown fiberglass-framed double-glazed Low-E argon-filled window units with thru-frame mounting (Pella, or approved equal). Nine new units will be two-lite slider-type windows; four will be single lite fixed; and one will be single-hung. (See Add/Alternate Table).

3. The Contractor is responsible to perform all necessary work for the complete installation of each window unit, including but not limited to: rough opening modifications as necessary to install the new window units, existing sill preservation and/or modifications or replacement if necessary, application of exterior joint sealant, replacement of interior trim (in-kind), and finishing of interior exposed wood on the new window units and trim. Exterior trim shall match and be included in the installation of the window units. Also included is all work and materials necessary to ensure proper insulation of the windows, mullions (if applicable), and wall cavities surrounding the windows, and repair and painting (to match) of any wall or other surfaces damaged in the course of this work.

ADDITIONAL INFORMATION FOR - 1960/1970 WING WINDOW REPLACEMENT

Removing Windows

The window assembly includes the sash, jamb, stops, sill and well. The windows that are being replaced at Rhinelander have been tested and determined to contain lead-based materials at levels within the Reporting Limits (Analytical Report attached.) There are no paint chips or flaking paint, as these windows on the 1960 and 1970 Wings were repainted recently.

To remove the window, wet mist the surface with water to keep down the dust. Then cut all painted joints to avoid chipping the paint. Next, remove all the parts necessary to remove the sash. Remove the window frame and properly dispose of it. Replace with a new window unit.

Larger pieces of demolition debris, such as window frames, should be wrapped in two layers of six mil poly and sealed with duct tape. The contractor shall be responsible for having these materials taken to a mixed municipal solid waste landfill, or a demolition debris landfill, for disposal (Call the Wisconsin pollution control agency to find out where these collection sites are located).

Cleanup

It is important to clean up the work area each day. Cleaning up the contaminated carpet, paint chips, dust and debris will help protect the people working in this area from being exposed to lead. Anyone working around lead can bring the lead dust home to their families on their hair, skin, shoes, clothing and tools.

Place all rags, paper towels, mops and HEPA vacuum bags used during the job and cleanup in a heavy duty garbage bag and seal. Dispose of this debris in a heavy duty garbage bag along with the removed windows.

Safety

Prior to beginning work, all contractor personnel shall be notified that the window units being removed contain lead-bearing materials, and must be handled in a manner so as to prevent the production of lead-bearing dust. All pertinent State and local ordinances governing handling and disposal of lead-bearing materials shall apply.

Written certification that the removed materials have been properly disposed of, including the location of the final disposal site, shall be given to the on-site inspector, the COR and the Contracting Officer.

SECTION D - PACKING AND MARKING & SECTION E - INSPECTION AND ACCEPTANCE (NO clauses in this Section)

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 45 calendar days after windows are received. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

Contracting Officer’s Representative

A Contracting Officer's Representative (COR) will be designated after contract award. The contractor will be notified by letter of the name and duties of the COR. The Contractor shall sign and returned to the Contracting Officer prior to start performance.

Contractor Invoicing

All documents required for payment will be sent through the COR for approval to the following e-mail addresses. Contractors originals shall be available for review when required by the Contracting Officer.

Payment will be delayed if any information and certifications required by FAR52.232-5 Payments under Fixed-Price Construction Contracts is not submitted.

Electronic Invoicing “E-Mail” is required.

COR Rick Sindt at rsindt@fs.fed.us copy to CO Carol Hulstrom at chulstrom@fs.fed.us.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Site Posting Display

Workplace poster requirements: Contractor is required to download and display poster requirements in accordance with the DOL website: www.dol.gov/osbp by FAR clause22.404-10 Posting wage determinations and notice.

In addition union dues notice is required by FAR 52.222-39 – Notification of Employee Rights Concerning Payment of Union Dues.

Contractor Payrolls

Payrolls are required to be submitted through the COR for approval (prior to payment approval) to the following e-mail addresses. Contractors’ originals shall be available for review when required by the Contracting Officer. Payrolls must contain all information and certifications as required in accordance with FAR. 22.403-2 Copeland Act., FAR 22.406-6 Payrolls and statements. FAR 52.222-8 Payrolls and Basic Records.

Electronic submission by “E-Mail” is required. COR Rick Sindt at: rsindt@fs.fed.us

Labor Compliance

PRIOR to work all subcontractors must sign the SF 1413, submit to the prime contractor. The prime contractor will submit a copy to the Contracting Officer, prior to performance by any subcontractor -In Accordance with FAR 52.222-11 Subcontracts (Labor Standards).

Electronic submission by “E-Mail” is required. CO Carol Hulstrom at chulstrom@fs.fed.us Request for Information (RFI)

All project issues that require clarification, modification, changes, or questions will be addressed in writing and identified as a “Request for Information (RFI)”.

Number first RFI #001 dated, stating the details of the questions concerning specifications, drawings, or other related issues to the work. The RFI log will be maintained on a continuous log/sheet –necessary to maintain order and status. The RFI will be e-mailed to the COR and CO. Responses shall be returned to the contractor.

Electronic submission by “E-Mail” is required.

COR Rick Sindt at rsindt@fs.fed.us copy to: CO Carol Hulstrom at chulstrom@fs.fed.us

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contracting Officer will make full text available. Full text of a clause may be accessed electronically at: www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

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

52.203-7 Anti-Kickback Procedures (JUL 1995)

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

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

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000)

52.204-7 Central Contractor Registration (APR 2008)

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

52.211-18 Variation in Estimated Quantity (APR 1984)

52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) 52.219-8 Utilization of Small Business Concerns (MAY 2004) ) 52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2008)

52.222-3 Convict Labor (JUN 2003)

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

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

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

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

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

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

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

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

52.228-14 Irrevocable Letter of Credit (DEC 1999)

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

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

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

52.232-17 Interest (OCT 2008)

52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986)

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

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

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

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

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

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

52.242-13 Bankruptcy (JUL 1995)

52.242-14 Suspension of Work (APR 1984) 52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

2.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994) Alternate I (APR 1984)

52.248-3 Value Engineering -- Construction (SEP 2006)

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

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

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

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

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

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

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

(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 the construction material 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 a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed, copy of response; if oral, attach summary. Include other supporting information and all delivery costs to the construction site.] 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 $50,000, 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 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Title of Attachment

Located

Page (s) Specifications: 06114 attached

2 pages

Specifications: 07900

4 pages

Specifications: 08551

7 pages

Lead Based Paint (LBP) Report

1 page

Existing Windows Tables & Photos

11 pages

Window Types Sketch

1 page

Window Schedule

4 pages General Decision No.

WI080011 (07/17/2009)

online at: http://www.wdol.gov/ Download required:

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All NAICS Code: 238150 Size Standard: $14 million

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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 238150.

(2) The small business size standard is $14 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 $100,000.

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

(vi) 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.

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

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

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

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

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

(xix) 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:

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small…