AG-64R4-S-13-0017AY_Construction_of_Low_Water_Crossing_-__Bidders_Copy.docx

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-64R4-S-13-0017AY

2. TYPE OF SOLICITATION

|X| SEALED BID (IFB)

|_| NEGOTIATED (RFP)

3. DATE ISSUED

07/30/2013

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

Contracting Officer USDA Forest Service Mark Twain National Forest 401 Fairgrounds Road Rolla, MO 65401 USDA Forest Service Mark Twain National Forest Attn: Anita J. Young, Contracting Officer 401 Fairgrounds Road Rolla, MO 65401

Anita Young, Contract Specialist, 573-341-7470 Adam Garrison, Engineer, 573-341-7438

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):

MO PFH 059-1 CONSTRUCTION OF LOW WATER CROSSINGS

POTOSI/FREDERICKTOWN RANGER DISTRICT

MARK TWAIN NATIONAL FOREST

Price Range: The Government's estimate is between $500,000 and $1,000,000.

Bid Guarantee: A bid guarantee in the amount of 20% of the total bid price is required. A copy of Standard Form (SF) 24, Bid Bond, can be downloaded from the following website:

http://www.gsa.gov/portal/forms/download/115982

(Note: Faxed copies of Bids, Bid Guarantees or Bonds are not acceptable.)

11. The Contractor shall begin performance within 10 calendar days and complete it within (**see Section F) calendar days after receiving |_| award, |X| notice to proceed. This performance period is |X| mandatory, |_| negotiable.

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

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

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code) & EMAIL

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

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 BLOCK 8 TO THE ATTENTION OF COR ADAM GARRISON (1 copy unless otherwise specified)

USDA FOREST SERVICE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

SOLICITATION NO. AG-64R4-S-13-0017AY – BIDDER’S COPY

CONSTRUCTION OF LOW WATER CROSSINGS

MARK TWAIN NATIONAL FOREST

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The contractor shall furnish all transportation, material, labor, equipment, operators, tools, supplies, licenses, permits and other incidentals necessary for construction of low water crossings on the Town Branch and Courtois Creeks on the Potosi/Fredericktown Ranger District on the Mark Twain National Forest. All work shall be performed in accordance with terms, conditions, specifications and drawings of this Invitation for Bids (IFB) and any resultant contract.

BID ITEM NO. 1 (SCHEDULE A) - TOWN BRANCH LOW WATER CROSSING

ITEM

NO.

DESCRIPTION

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

202 99.01

Removal of Existing Concrete Structure

LS

XXXX

206 99.01 Temporary Diversion Channel (Excavation, Dewatering, Backfill, Grading, Compaction)

LS

214 30.00 Furnish and Place Rock Fill (Rock Riprap, Class 3)

CY

304 99.10

Type 7 Aggregate for Base

TON

504 10.00

Concrete Approach Pavement

SY

609 99.03

Concrete Curb, 6-inch

LF

611 99.07 Embankment Protection (Concrete Slope, Cut Off Walls, and Wingwalls

CY

616 10.05

Construction Signs

SF

616 99.03

Type III Moveable Barricade

LF

618 10.00

Mobilization

LS

624 01.04A

Separation Geotextile

SY

627 40.00 Contractor Furnished Surveying and Staking

LS

703 99.01 Concrete Const. (Culverts 2 barrels at 6’ Span x 5’ Height)

LS

805 99.19

Seeding

AC

0.2

806 99.02

Rock Ditch Check

EA

806 99.03

Temporary Straw Bale Silt Fence

LF

903 99.04

Highway Signing

LF

BID ITEM NO. 2 (SCHEDULE B) - COURTOIS CREEK LOW WATER CROSSING

ITEM

NO.

DESCRIPTION

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

202 99.01

Removal of Existing Concrete Structure

LS

206 99.01 Temporary Diversion Channel (Excavation, Dewatering, Backfill, Grading, Compaction)

LS

214 30.00 Furnish and Place Rock Fill (Rock Riprap, Class 3)

CY

304 99.10

Type 7 Aggregate for Base

TON

504 10.00

Concrete Approach Pavement

SY

609 99.03

Concrete Curb, 6-inch

LF

611 99.07 Embankment Protection (Concrete Slope, Cut Off Walls, and Wingwalls

CY

616 10.05

Construction Signs

SF

616 99.03

Type III Moveable Barricade

LF

618 10.00

Mobilization

LS

624 01.04A

Separation Geotextile

SY

627 40.00

Contractor Furnished Surveying and Staking

LS

703 99.01 Concrete Const. (Culverts 3 barrels at 12’ Span x 6’ Height)

LS

805 99.19

Seeding

AC

0.2

806 99.03

Temporary Straw Bale Silt Fence

LF

903 99.04

Highway Signing6

SF

NOTES:

1Reimbursement for bond premiums, in accordance with FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include payment for bond premiums under Pay Item 618 10.00, Mobilization.

2Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

3All items are design quantities; no payment will be made for any variations within + or – 15% of the design quantity without a modification approved by the Contracting Officer (CO).

4Work for which direct payment is not provided is a subsidiary obligation of the Contractor.

5Governing specifications: FP-03 (available http://flh.fhwa.dot.gov/resources/pse/specs/fp-03/fp-03usc.pdf), 2011 Missouri Standard Specifications for Highway Construction and Forest Service Supplemental Specifications.

6Permanent “One Lane Bridge” signs will be mandatory for both bridge crossings.

PRE-BID TOUR: A pre-bid tour will be held on August 14, 2013 at 10:00 a.m. Those wishing to attend the pre-bid tour should meet at the junction of State Highway & and County Road 657. Directions: Go northwest on MO-8 W/W High Street town North mine Street. Continue to follow MO-8 W for 16 miles. Turn left onto Count Road 603 (Pigeon Roost Road). Drive 0.3 mile and take the 1st right onto County Road 601 (Gobblers Knob Road). Continue 2.3 miles and turn left onto County Road 602 (Hanson Farm Road). Go 3.5 miles and turn left onto State Hwy. Y. Continue 2.4 miles to arrive at the junction of State Highway Y and County Road 657.

QUALIFYING BID: A bidder may bid on only one item or on both items. A bidder may qualify their bid to limit their award to one item. Bidders who wish to limit their award to one item should complete the following preference of award:

ITEM NO.

NAME

PREFERENCE

(state 1st or 2nd preference)

ALL OR NONE BIDS: Bidders may also submit an “All or None Bid”. An all or none bid, to be considered for award, must be lower than the total of the individual low bids received on all items.

IMPORTANT NOTICE TO OFFERORS

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-99--System for Award Management Registration (DEVIATION). Offerors may register in SAM at www.sam.gov. There is no charge to register when registration is done at the official SAM website shown here.

All offerors must submit the following information:

HOME PHONE: __________________________ CELL PHONE: ____________________________

E-MAIL ADDRESS:_________________________________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: __________________________

FEDERAL TAX IDENTIFICATION NUMBER: __________________________________________

ARE YOU REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) AND IS YOUR INFORMATION CURRENT? [ ] YES [ ] NO

NON DISCRIMINATION STATEMENT: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract: The contractor shall furnish all transportation, material, labor, equipment, operators, tools, supplies, licenses, permits and other incidentals necessary for construction of low water crossings on the Town Branch and Courtois Creeks on the Potosi/Fredericktown Ranger District on the Mark Twain National Forest.

C-2 Project Location: This project is located on the Potosi/Fredericktown Ranger District of the Mark Twain National Forest in Washington County, Missouri.

C-3 Directions to Project Sites: Go northwest on MO-8 W/W High Street town North mine Street. Continue to follow MO-8 W for 16 miles. Turn left onto Count Road 603 (Pigeon Roost Road). Drive 0.3 mile and take the 1st right onto County Road 601 (Gobblers Knob Road). Continue 2.3 miles and turn left onto County Road 602 (Hanson Farm Road). Go 3.5 miles and turn left onto State Hwy. Y. Continue 2.4 miles to arrive at the junction of State Highway Y and County Road 657.

Price Range: The Government's estimate is between $500,000 and $1,000,000.

AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

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

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

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

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E-1 FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/index.html www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements. (APR 1984)

E-2 FAR 52.246-12 Inspection of Construction. (APR 1996)

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

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

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

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

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

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

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F-1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 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 as follows:

If a contractor receives award of both bid items, contract time shall run consecutively. The time stated for completion shall include final cleanup of the premises.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful contractor(s) is required. It will be scheduled and held as soon as possible after contract award. Location of the conference will be determined after award, however it is anticipated that the post award conference will be held at the project site.

G-2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

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.

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 scope of the contract, the Contractor should so 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 could result in nonpayment or necessitate submittal for a contract claim.

G.3 INVOICE SCHEDULES: Invoices shall be submitted in arrears, no advance payments will be authorized.

G.4 PROPERLY SUBMITTED INVOICE: The invoice must contain specific information as listed below or the invoice shall be returned to the contractor within seven days after receipt, noting reasons why it is not a proper invoice. The agency payment office will no longer “hold” or “pen and ink” the invoice in an attempt to correct it. The contractor must correct and resubmit the invoice to the payment office where it will again be date stamped upon receipt

G.5 CONTRACTOR INVOICES: In accordance with Prompt Payment Act (Public Law 97-177), contractors are to submit proper invoices for payment. A proper invoice includes:

1. Name and address of the Contractor

2. Invoice date and invoice number

3. Contract/order number

4. Taxpayer Identification Number (TIN)

5. Description, quantity, unit of measure, unit price, and extended price

6. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

G.6 GOVERNMENT INVOICE ADDRESS: Unless otherwise directed, all invoices from the contractor shall be mailed to the address cited on the contract documents.

G.7 PAYMENT TERMS: Once the properly submitted invoice is received, and services are accepted, the payment will be processed in accordance with the Prompt Payment Act. Notify the Contracting Officer or COR if payment is not received within ten (10) calendar days following the due date.

G.8 CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required contractor information must be entered in the System for Award Management (SAM) database (www.sam.gov). The SAM database information must also remain current.

G.9 PAYMENT STATUS: To receive a status regarding past due payments, contractors are encouraged to contact the PAYMENT INQUIRY branch at the USDA National Finance Center (800) 421-0323 or 504-426-6510.

G.10 NOTIFICATION OF PAYMENTS: Contractors are encouraged to enroll in the U.S Department of Treasury’s Financial Management Service (FMS), Internet Payment Platform (IPP). To enroll in the IPP-PAID service, please call IPP’s toll-free number at (866) 973-3131 or email at bos.ipp.helpdesk@bos.frb.org. This service is free and provides contractors with advance notification of payments processed through EFT. For additional information, please refer to the IPP-PAID website (https:www.ipp.gov/).

G.11 VETS-100 PROGRAM: In accordance with Title 38, United States Code, Section 4212(d), the U.S. Department of Labor (DOL), Veterans' Employment and Training Service (VETS) collects and compiles data on the employment of veterans with Federal contractors and subcontractors. Federal contractors are required to submit one of two reports (VETS-100 and VETS-100A) and, in some cases, both reports. The VETS-100 Report and the VETS-100A Report must be submitted each year between August 1 and September 30. Per the recent DOL change, the Contractor need only report if the annual contract amount exceeds $100,000.

Contractor questions concerning VETS-100 reporting and reporting requirements to the U.S. Department of Labor (DOL), Veterans' Employment and Training Service (VETS) at the following address:

U.S. Department of Labor 200 Constitution Ave., NW Washington, DC 20210

By Phone:

National Toll-Free Contact Center. Live assistance is available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time by calling, 1-866-4-USA-DOL (1-866-487-2365), TTY: 1-877-889-5627.

Phone Numbers by Topic. Search for a Departmental phone number based on the topic of your question.

The Leadership Team. A list of phone numbers for key personnel in the Department.

General VETS-100 / VETS-100A Questions: Call the VETS-100 Service Center at (866) 237-0275 or email VETS100-customersupport@dol.gov. For international callers, please call (202) 693-4715.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 AGAR 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-2 AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) The contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

(b) Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted or in the vicinity of the work site.

(c) Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243-4.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/index.html www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions.

52.203-3 Gratuities.

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-7 Anti-Kickback Procedures.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

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

52.211-18 Variation in Estimated Quantity.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-8 Utilization of Small Business Concerns.

52.219-14 Limitations on Subcontracting.

52.222-3 Convict Labor.

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation.

52.222-6 Davis-Bacon Act.

52.222-7 Withholding of Funds.

52.222-8 Payrolls and Basic Records.

52.222-9 Apprentices and Trainees.

52.222-10 Compliance with Copeland Act Requirements.

52.222-11 Subcontracts (Labor Standards).

52.222-12 Contract Termination - Debarment.

52.222-13 Compliance with Davis-Bacon and Related Act Regulations.

52.222-14 Disputes Concerning Labor Standards.

52.222-15 Certification of Eligibility.

52.222-21 Prohibition of Segregated Facilities.

52.222-26 Equal Opportunity.

52.222-27 Affirmative Action Compliance Requirements for Construction.

52.222-35 Equal Opportunity for Veterans.

52.222-36 Affirmative Action for Workers with Disabilities.

52.222-37 Employment Reports on Veterans.

52.222-50 Combating Trafficking in Persons.

52.223-5 Pollution Prevention and Right-to-Know Information.

52.223-6 Drug-Free Workplace.

52.225-13 Restrictions on Certain Foreign Purchases.

52.227-1 Authorization and Consent.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.228-2 Additional Bond Security.

52.228-11 Pledges of Assets.

52.228-12 Prospective Subcontractor Requests for Bonds.

52.228-14 Irrevocable Letter of Credit.

52.228-15 Performance and Payment Bonds - Construction.

52.229-3 Federal, State, and Local Taxes.

52.232-5 Payments under Fixed-Price Construction Contracts.

52.232-17 Interest.

52.232-23 Assignment of Claims.

52.232-27 Prompt Payment For Construction Contracts.

52.232-34 Payment by Electronic Funds Transfer—Other than Central Contractor Registration.

52.233-1 Disputes.

52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim.

52.236-2 Differing Site Conditions.

52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-5 Material and Workmanship.

52.236-6 Superintendence by the Contractor.

52.236-7 Permits and Responsibilities.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

52.236-10 Operations and Storage Areas.

52.236-11 Use and Possession Prior to Completion.

52.236-12 Cleaning Up.

52.236-13 Accident Prevention.

52.236-14 Availability and Use of Utility Services.

52.236-15 Schedules for Construction Contracts.

52.236-17 Layout of Work.

52.236-21 Specifications and Drawings for Construction.

52.236-26 Preconstruction Conference.

52.242-13 Bankruptcy.

52.243-4 Changes.

52.244-6 Subcontracts for Commercial Items.

52.245-1 Government Property.

52.246-21 Warranty of Construction.

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

52.249-10 Default (Fixed-Price Construction).

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.

452.236-71 Prohibition Against the Use of Lead-Based Paint.

452.236-72 Use of Premises.

452.236-73 Archaeological or Historic Sites.

452.236-74 Control of Erosion, Sedimentation, and Pollution.

452.236-76 Samples and Certificates.

I-2 FAR 52.204-99 -- System for Award Management Registration (DEVIATION) Except for awards where the Government wide purchase card (GPC) is used as the method of payment, contracting officers shall include the attached clause 52.204-99, System for Award Management Registration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DFARS 252.204-7004, Alternate A, Central Contractor Registration.

System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

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

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711

(i) If located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

NOTE: THERE ARE NO COSTS TO REGISTER IN SAM VIA THIS WEBSITE.

I-3 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (MAY 2012)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless--

(1) The product cannot be acquired--

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred.

(c) In the performance of this contract, the Contractor shall-

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance; and

(3) Contact the environmental point of contract to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Adam Garrison, Mark Twain National Forest, Telephone 573-341-7438.

I-4 FAR 52.214-29 Order of Precedence - Sealed Bidding. (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications);

(b) Representations and other instructions;

(c) Contract clauses;

(d) Other documents, exhibits, and attachments; and

(e) The specifications.

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

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

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

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

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

I-6 FAR 52.222-54 Employment Eligibility Verification. (JAN 2009)

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

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

(1) Means any item of supply that is --

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

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

(iii) Offered to the Government, 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. Per 46 CFR 525.1(c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

"United States," as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of--

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that--

(1) Is for--

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

I-7 FAR 52.225-9 Buy American Act - Construction Materials. (SEP 2010)

(a) Definitions. As used in this clause -

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

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.