FEE TUBE_RFQ 0084.doc

CONSTRUCTION RFQ

AG-82B1-S-10-0084

Rio Grande NF, Saguache RD, Divide RD and Conejos Peak RD

RECOVERY – Fabrication and Installation of Fee Tubes

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

EROC intermountain Team 740 Simms Street

Golden, CO 80401

FOB DESTINATION

OTHER (See Schedule)

11. SCHEDULE (Include applicable Federal, State and local taxes)

TO 208-983-4098

SF 18, Schedule of Items, and a Technical Proposal (Section M). You must be Registered in CCR (Section J) and in ORCA (Section K)

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

PART I—THE SCHEDULE

SECTION B—FEE TUBE FABRICATION AND INSTALLATION

RIO GRANDE NF

SCHEDULE OF ITEMS

QTY.

UNIT

PRICE

TOTAL

AMOUNT

B-2 – FURNISHED QUOTES: Technical proposals are required for the evaluation of quotes. See Section M for evaluation and award information. You may use the Experience Questionnaire provided in Section J.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

(a) Description of Work - This contract is for both fabrication and installation of fee tubes at specific sites as listed in the attached table. The specifications for fabrication of the fee tubes are included in a separate PDF document and the fee tube installation specification is included below.

The fee tubes will be powder coated brown and installed at specific locations within each site, generally within 5’ of the administrative/fee entrance sign to each site.

Fees tubes will be installed on the date specified in the attached tables.

(b) Project Location - The locations are on the Rio Grande NF within the Saguache RD, Divide RD and Conjeos Peak RD and are described below.

(c) Price Range – $25,000 - $100,000

(d) Start Work – It is estimated that the work may begin on the fee tube fabrications after the contract is awarded in January 2010. The installation of the fee tubes will take place between June 16 and September 25, 2010 as outlined in the table below.

Ranger

District

Tubes Installation

Dates

CG

Saguache RD – 46625 Hwy 114, Saguache, CO 81149

Buffalo Pass CG - From Saguache, CO, at intersection of State Rt. 114 and US Rt. 285, take Rt. 114 west 26.7 miles to campground sign. Turn left at sign onto a single lane dirt road and go 0.6 miles to the campground.

Luders CG - From Saguache, drive 21 miles northwest on State Highway 114, then turn left onto County Road NN14 and proceed about 8 miles west to the campground.

Stone Cellar CG - From Saguache, travel northwest on State Highway 114 for 35.5 miles. Turn left on County Road 17GG (Forest Road 804) and go about 4 miles to the junction of County Road NN14 (Forest Road 750). Turn left again and travel about a mile to the junction of NN14 and County Road 17FF (Forest Road 787). Turn right onto 787 and follow this road to the campground--about another 12 miles.

Poso Group Area - From Saguache, CO, take US Rt. 285 south 15.6 miles to La Garita and County Rt. G signs. Turn right at signs onto Rt. G and go 6.3 miles to "Y" intersection (County Rt. 41G). Bear right onto Rt. 41G and go 10.2 miles to another "Y" intersection (Forest Rt. 675). Bear left onto Rt. 675 (single lane with turnouts) and go 1.7 miles to campground sign. Turn left at sign into campground.

N. Crestone CG - Take Highway 17 to Moffat and follow the Crestone Road eastward and through Crestone to North Crestone Campground. The trail begins at the end of the road at the east end of the campground. The trail is closed to motorized traffic.

Divide RD – Creede Office, 3rd and Main, Creede, CO 81130

Cathedral CG - From South Fork, CO, take US Rt. 160 east 5.3 miles to Embargo Creek Rd. and County Rt. 18 signs. Turn left onto Rt. 18 and go 1.4 miles to a "T" intersection (County Rt. 15). Turn right onto Rt. 15 and go 0.3 miles to another "T" intersection (County Rt. 65). Turn left onto Rt. 65 and go 3.2 miles to "Y" intersection (Forest Rt. 640/650). Bear left onto Rt. 640 (dirt, single lane with no turnouts) and go 7.6 miles to campground sign. Turn right at sign into campground.

Comstock CG - In Monte Vista, CO, from the intersection of Hwy 160 and take State Rt. 15 south 2 miles to Rock Creek Campground/Forest Rt. 28 sign. Turn right onto Rt. 28 and go 2.5 miles to a "T" intersection (County Rt. 28). Turn left onto County Rt. 28 and go 14.2 miles to campground. Turn left at sign into campground.

Ivy Creek CG - From Creede, CO continue on Hwy 149 towards Lake City approximately 6.3 miles to FDR 523 (Middle Creek Rd) Turn left onto FDR 523 traveling approximately 4 miles to a "Y" junction, go left onto FDR 528 continue approximately 3 miles to a "T" intersection w/ FDR 526 (Ivy Creek Rd) and stay on this road approximately 3 miles to the campground entrance on the left.

Lost Trail CG - From Creede, CO take Hwy 149 for approximately 18 miles to FDR 520 (Rio Grande Reservoir Rd), proceede on FDR 520 for approximately 17.5 miles to the campground on the left.

Rio Grande CG - From Creede, CO take Hwy 149 west headed towards Lake City for 7.8 miles to FDR 529 and into the Rio Grande Campground.

Rock Creek CG - In Monte Vista, CO, from the intersection of Hwy 160 and take State Rt. 15 south 2 miles to Rock Creek Campground/Forest Rt. 28 sign. Turn right onto Rt. 28 and go 2.5 miles to a "T" intersection (County Rt. 28). Turn left onto County Rt. 28 and go 12.1 miles to campground sign. Turn left at sign into campground.

Conejos Peak RD, River Springs Guard Station – 25546 S Hwy 17, Antonito, CO 81120

Trujillo Meadow CG - In Chama, NM, take State Rt. 17 north 13 miles to Trujillo Meadows Reservoir sign (in Colorado). Turn left at sign (dirt) and go 0.1 miles to a "T" intersection and campground sign (Forest Rt. 118). Turn right onto Rt. 118 and go 2.1 miles to campground on right. Alternate Route: From Antonito, CO, take US Rt. 285 south 0.3 miles to State Rt. 17. Continue straight onto Rt. 17 and go 35.2 miles to Trujillo Meadows Reservoir sign. Turn right at sign (dirt) and go 0.1 miles to "T" intersection and campground sign (Forest Rt. 118). Turn right onto Rt. 118 and go 2.1 miles to campground on right.

Magote CG - From Antonito, CO, take US Rt. 285 south 0.3 miles to State Rt. 17. Continue straight on Rt. 17 and go 13.2 miles to campground sign. Turn left at sign and go 0.3 miles to campground on right.

Mix Lake - From Antonito, CO, take US Rt. 285 south 0.3 miles to State Rt. 17. Continue straight on Rt. 17 and go 21.9 miles to Platoro sign (Forest Rt. 250). Turn right at sign onto Rt. 250 (dirt) and go 23.4 miles to Mix Lake sign. Turn left at sign and go 0.6 miles to campground.

Three Forks TH - From Antonito, CO, take US Rt. 285 south 0.3 miles to State Rt. 17. Continue straight on Rt. 17 and go 21.9 miles to Platoro sign in Horca, CO. (Forest Rt. 250). Turn right at sign on FSR250. Continue approximately 20 miles on FSR 250 to town of Platoro. Continue on FSR 250 past Platoro until you get to intersection of FSR250, FSR247. Continue approximately 5 miles on FSR 247 to Three Forks Trail Head which is at the end of FSR 247. FSR 247 runs along Platoro Reservoir for about 3 miles

Lower South Fork TH - From Antonito, CO, take US Rt. 285 south 0.3 miles to State Rt. 17. Continue straight on Rt. 17 and go 21.9 miles to Platoro sign (Forest Rt. 250). Turn right at sign. Continue on Forest Service Road 250 approximately 10.5 miles on FSR 250 until you see South Fork Trailhead sign. Trailhead parking area on left.

fee Deposit tube installation specification part 1 - GENERAL

SUMMARY

This Section includes installing a prefabricated fee tube including cast-in-place concrete, concrete materials, mix design, placement procedures, and finishes.

QUALITY ASSURANCE

Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment.

Comply with ACI 301, "Specification for Structural Concrete," including the following, unless modified by the requirements of the Contract Documents.

General requirements, including, quality assurance, acceptance of structure, and protection of in-place concrete.

Concrete mixtures.

Handling, placing, and constructing concrete.

part 2 - PRODUCTS

MATERIALS

Concrete Materials:

Portland Cement: ASTM C 387, sack concrete, use one brand throughout project.

Water: Complying with ASTM C 94.

SPEC WRITER: RETAIN SUBPARAGRAPH BELOW IF SYNTHETIC FIBERS ARE REQUIRED.

CONCRETE MIXES

Comply with ACI 301 requirements for concrete mixtures.

Prepare design mixes, proportioned according to ACI 301, for normal-weight concrete determined by either laboratory trial mix or field test data bases, as follows:

SPEC WRITER: SELECT STRENGTH FROM OPTIONS IN FIRST SUBPARAGRAPH BELOW.

Compressive Strength (28 Days): 4000 psi.

Slump: Maximum of 4 inches.

SPEC WRITER: DELETE SUBPARAGRAPH BELOW IF SUPERPLASTICIZERS ARE NOT PERMITTED.

SPEC WRITER: RETAIN FIRST OPTION IN PARAGRAPH BELOW IF CONCRETE IS NOT EXPOSED TO FREEZING; SECOND IF CONCRETE IS EXPOSED TO SEVER-EXPOSURE SERVICE CONDITIONS.

CONCRETE MIXING

SPEC WRITER: RETAIN OPTION FOR ASTM C 1116 IF SYNTHETIC FIBERS ARE SPECIFIED.

SPEC WRITER: DELETE PROJECT-SITE MIXING BELOW IF NOT PERMITTED.

Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer or by hand in wheelbarrow.

For mixer capacity of 1 cu. yd. or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released.

For mixer capacity larger than 1 cu. yd., increase mixing time by 15 seconds for each additional 1 cu. yd.

EXECUTION

INSTALLATION, GENERAL

Tube Hole: Dig 24” x 18” hole 24” deep (according to fee tube fabrication drawings) for placement of fee tube.

Center tube in hole before placement of concrete.

Ensure tube is level on all sides before placement of concrete.

CONCRETE PLACEMENT

Comply with recommendations in A CI 304R for measuring, mixing, transporting, and placing concrete.

SPEC WRITER: DELETE FIRST PARAGRAPH BELOW IF ADDING WATER AFTER BATCH MIXING IS PERMITTED. ACI 301 AND ASTM C 94 PERMIT WATER TO BE ADDED TO CONCRETE MIX ON-SITE, UP TO AMOUNT ALLOWED IN DESIGN MIX.

Mix sack concrete mix according to manufacturer’s instructions and place in hole in three 8” lifts.

Tamp concrete mix after placing each lift.

Cold Weather Placing:

Protect concrete work from physical damage or reduced strength which could be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306 and as herein specified.

When air temperature has fallen to or is expected to fall below 40 F (4 C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less 50 (10 C), and not more than 80 F (27 C) at point of placement.

Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or subgrade containing frozen materials.

Do not use calcium chloride, salt or other materials containing antifreeze agents or chemical accelerators.

Hot Weather Placing:

When hot weather conditions exist that would seriously impair quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified.

Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 F (32 C).

Mixing water may be chilled, or chopped ice may be used to control temperature provided water equivalent of ice is calculated to total amount of mixing water.

FINISHING UNFORMED SURFACES

SPEC WRITER: RETAIN PARAGRAPH BELOW. SOME FLOATING AND TROWELING MACHINES HAVE WATERING ATTACHMENTS. ADDING WATER WEAKENS CONCRETE SURFACE AND CAN CAUSE DUSTING, BLISTERING, AND SCALING.

General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces.

Trowel Finish: Apply a hand trowel finish to surfaces.

CONCRETE PROTECTION and curing

General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection, and follow recommendations in ACI 305R for hot-weather protection during curing.

Allow concrete to cure according to manufacturer’s recommendation.

END OF SECTION

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I (APR 1984) The Contractor shall be required to (a) commence work under this contract within in accordance with the accepted work plan, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than September 30, 2010.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

KEY PERSONNEL

The key personnel specified in the Offeror's Technical Proposal are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with a 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site when all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. NOT USED

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Submit a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

LANDSCAPE PRESERVATION

The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

NOXIOUS WEED CONTROL

In order to prevent the potential spread of noxious weeds into work areas, Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to National Forest land. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. "Construction equipment" does not include pickup trucks and personal vehicles, but does include motorcycles.

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer’s Representative will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.222-3 Convict Labor (JUN 2003) 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)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000)

52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

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

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

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000)

52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000)

52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 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 (JUL 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)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984)

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

52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

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) (Applicable if contract is over $30,000) 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)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

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

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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

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

(i) Company legal business 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) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)

(1)

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

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

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

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

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

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials. Insert the clause at 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act—Construction Materials, in solicitations and contracts for construction that is performed in the United States valued at less than $7,443,000. (1) List in paragraph (b)(2) of the clause all foreign construction material excepted from the requirements of the Buy American Act.

Required Use of American Iron, Steel, and Manufactured Goods-Buy American Act-Construction Materials (Mar 2009)

(a) Definitions. As used in this clause—

“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.

“Domestic construction material” means—

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

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

n/a

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

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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) Cost;

(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)(4) of this clause.

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

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(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 section 1605 of the Recovery Act or 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 cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American Act applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or 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:

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site.]

Foreign and Domestic Construction Materials Cost Comparison

(End of clause)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials. (1) Insert the provision at 52.225-22, Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials in solicitations containing the clause at 52.225-21. (2) If insufficient time is available to process a determination regarding the inapplicability of the Buy American Act before receipt of offers, use the provision with its Alternate I.

Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (Mar 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii)…