AG-82HW-S-09-0021 - Repair Fire Alrams- Akron - construction over 100K.DOC

Same as Block 7

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

G-2 TAX IDENTFICATION NUMBER.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[For this Solicitation, there are NO provisions in this Section] ………………………………. 16

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUNE 2007)

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING

PAYMENT OF UNION DUES OR FEES (DEC 2004)

I.4 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (JAN 2005)

I.5 52.225-21 -- Required Use of American Iron, Steel, and Other Manufactured Goods …….. 27 --Buy American Act--Construction Materials. (Mar 2009) I.6 52.225-22 -- Notice of Required Use of American Iron, Steel, and Other …………………. 30 Manufactured Goods--Buy American Act--Construction Materials. (Mar 2009)

I.7 52.228-1 BID GUARANTEE (SEP 1996)

I.8 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)

I.9 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008)

I.10 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

I.11 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

I.12 452.211-72 Statement of Work/Specifications. (FEB 1988) …………………………. 44 I.13 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) ………. 44 I.14 452.215-73 Postaward Conference. (NOV 1996) ……………………………………… 44 I.15 452.228-71 Insurance Coverage. (NOV 1996) ………………………………………... 44 I.16 452.232-70 Reimbursement for Bond Premiums--Fixed-Price …………………………….. 45 Construction Contracts(NOV 1996) I.17 452.236-70 Additive or Deductive Items. (FEB 1988) ………………………………. 45 I.18 452.236-71 Prohibition Against the Use of Lead-Based Paint. (NOV 1996) …… ……... 46 I.19 452.236-72 Use of Premises. (NOV 1996) …………………………………………. 46 I.20 452.236-73 Archaeological or Historic Sites. (FEB 1988) ……………………….. 46 I.21 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) …… …… 46 I.22 452.236-75 Maximum Workweek--Construction Schedule. (NOV 1996) ……………… 47 I.23 452.236-76 Samples and Certificates. (FEB 1988) ……………………………………. 47 I.24 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988) …………………………… 497

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ……….. 49

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

K.6 52.219-2 EQUAL LOW BIDS (OCT 1995)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

L.6 452.204-70 Inquiries. (FEB 1988) ………………………………………………………… 66 L.7 452.228-70 Alternative Forms of Security. (NOV 1996) ………………………………… 66 L.8 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) …………………. 66

SECTION M - EVALUATION FACTORS FOR AWARD

[For this Solicitation, there are NO provisions in this Section]

INSTRUCTIONS & NOTICES TO BIDDERS

Sealed bids will be received by the Contracting Officer, at 2150 Centre Ave., building D, Room 2010 (North Platte Room), Fort Collins, CO 80526, at or before the scheduled time publicly opened or by mail (Mailing Address: James C. Wiltse, Contracting Officer, USDA-ARS-NPA, Natural Resources Research Center, 2150 Centre Avenue, Building D, Suite 300, Fort Collins, CO 80526-8119 and must be received not later than the date and time bids are publicly opened.

** Note: Bids will also be received in designated bid opening room on the day of bid opening from 10:30 A.M. to 11:00 A.M (MDT). **

A. For technical information contact:

General Engineering: Gregory Graham

USDA-ARS-NPA, Natural Resources Research Center 2150 Centre Avenue, Building D, Suite 300

Fort Collins, CO 80526-8119

Phone: (970) 492-7035 Fax: 970-492-7049 Or

Delbert Koch

Central Great Plains Research Station 40335 County Road GG Akron, CO 80720

970-554-0737 B. Minimum rates of wages, required by the Davis-Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications. See attached Wage Determination.

C. Caution to bidders:

(a) Bidders are cautioned that their bids may be considered non-responsive if they include any qualifications, including but not limited to price escalation reservations.

(b) Bid envelopes: It is the responsibility of each bidder to take all necessary precautions, including the use of a proper mailing cover, to ensure that his/her bid price cannot be ascertained by anyone prior to bid opening. If a bid envelope is furnished with this solicitation notice, the bidder is requested to use the furnished envelope in submitting his/her bid. Bidder may, however, when it suits his/hers purpose, use any suitable envelope, identifying the project by title, station location, and bid opening time and date.

D. Special note: This procurement is subject to the requirements of the Buy American Act. The requirements are set forth in the General Conditions.

PRE-BID CONFERENCE: A Pre-bid Site Visit and Conference will be held at 10:00 AM (Mountain Time) on August 10, 2009 at the Central Great Plains Research Station, 40335 County Road GG, Akron, CO 80720. Meet at the main Building (#1). No advance notice of participation in the Pre-Bid Conference is required. General questions regarding the bid process will be answered at this meeting.

Technical questions regarding the project will not be addressed at the meeting, but must be submitted in writing to the Contracting Officer by August 17, 2009 at 1:00pm (Mountain Time).

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

ALL QUESTIONS REGARDING THE SOLICITATION must be submitted in writing to the contracting officer:

· at the address shown in block 7 on the SF1442;

· via fax (970-482-7031); or

· via e-mail to James.Wiltse@ars.usda.gov.

PERFORMANCE & PAYMENT BONDS: If the contract will exceed $100,000 (see FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained at http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF

Scroll down to the SF 25 and SF 25A and click on the form.

DEFINITIONS:

"Contracting Officer" is the exclusive representative of the ARS-USDA who has the authority to enter into, administer, terminate, modify, approve changes, or otherwise represent and bind the ARS-USDA in all matters arising under or relating to this contract.

"COR/Resident Engineer/Project Engineer" - In this solicitation/contract, the term COR, Resident Engineer, and Project Engineer are used interchangeably to mean the Contracting Officers Representative - an ARS-USDA staff person who serves as the point of contact for issues relating to the administration and coordination of this project. The COR has NO authority to make changes to the contract terms which affect contract prices, quality, quantities or delivery terms and conditions.

CAUTION: No oral statements made by the contract parties or other interested parties will take precedence over the written terms and conditions of the solicitation or resultant contract.

VETS 100 REPORT: Prior to award, the successful bidder must provide evidence of a current VETS 100 report. Visit http://www.dol.gov/vets/contractor/main.htm for information on filing your report with the Department of Labor.

ISSUANCE OF NOTICE TO PROCEED:

Notice to proceed maybe delayed up to 120 days from time of contract award.

NOTE, American Recovery and Reinvestment Act (ARRA) Pertains to this contract:

This contract is 100% American Recovery and Reinvestment Act Funded. This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public. Clause “52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)” is incorporated by reference and requires reporting. Contact the Contracting Officer for a full text of ARRA clauses that are incorporated by reference if needed. Other ARRA clauses that are included are:

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (MAR 2009) is incorporated by reference.

52.214-26 Audit and Records—Sealed Bids, Alt. 1. (MAR 2009), is incorporated by reference.

52.225-22 Notice of Required Use of American Iron, Steel, and Other

Manufactured Goods – Buy American Act – Construction

Materials. (MAR 2009) Is included Full text, see page 32.

PART I - THE SCHEDULE

SEPARATE BID PAGE

ARTICLE 17 OF STANDARD FORM 1442

A. Total Bid, all work shown in the Construction Documents:

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

RECOVERY PROJECT

GENERAL STATEMENT OF WORK

UPGRADE LOCATION FIRE ALARM SYSTEM

1 (a) General: This project will replace and upgrade the current fire alarm system in the facilities located at 40335 County Rd. GG, Akron, CO 80720. It includes, but is not limited to, the electrical installation associated with supplying and installing a new upgraded fire alarm panel and initiating devices. It will also include upgrading and replacing wiring as required. The Government is predicting 10% of wiring will need to be replaced. All remote annunciators, notificaton devices and detector devices shall be replaced. Removing and disposal of all retired fire alarm devices and wiring throughout the facility. New system will replace the existing Siemans Pyrontronics MXL fire alarm panel and initiating devices.

Bid should include new 5820XL HoneyWell Silent Knight IntelliKnight system or like system with comparable size addressable points. Bid should also include all new compatable addressable sound and sight (strobes and sirens) notification divices, remote annunciator, smoke, heat, duct detectors, pull stations, notification panel for emergency personnal and Windows based Facility Management software. The Fire alarm equipment and installation shall comply with the current provision of the following and shall be listed for it’s intended propose and compatibilty listed to insure integrity of the complete system (National Electric code, article 760, National Fire Protection association standards NFPA 72 National Fire alarm code, NFPA 101 Life Safety Code Local and State building codes, Local Authorities Having Jurisdictions). New and existing wire, conduit, backboxes will be tested and replaced where neccsary. Training provided to the location employees upon completion. The contractor shall supply all documentation supporting equipment in their bid.

2 SCOPE OF WORK

(a) Construction Services: As described above.

(b) Place of Performance: Contract will be performed at the USDA, ARS, NPA, CGPRS, 40335 County Rd. GG, Akron, CO 80720, Buildings #1, 2,6,7,11,16 and 19(Greenhouse, Headhouse not included on blue prints). Work will take place in Buildings listed above occupied from 8:00 a.m. to 4:30 p.m. Monday through Friday. Care should be taken around staff work sites.

(c) Site Visit: Site Visit: A pre-bid site visit will be scheduled. All potential bidders will meet at Building #1.

(d) Safety: The Contractor will be required to satisfy safety, environmental, and fire department requirements with their installation of the new alarm system. The

Contractor will also be required to remove all access materials, supplies and waste products not used in their work.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

52.246-12 -- Inspection of Construction. (Aug. 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.

(End of Clause)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14

SUSPENSION OF WORK

APR 1984

52.247-34

F.O.B. DESTINATION

NOV 1991

52.247-48

F.O.B. DESTINATION--EVIDENCE OF SHIPMENT

FEB 1999

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

1. DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

Please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ___ ___ ___ ___ ___ ___ ___ ___ ___

2. TAX IDENTFICATION NUMBER (TIN)

Please provide the Tax Identification Number assigned to your firm in the space provided below:

TIN# ___ ___ ___ ___ ___ ___ ___ ___ ___

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[For this Solicitation, there are NO provisions in this Section]

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):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm (End of Clause)

52.202-1

DEFINITIONS

JUL 2004

52.203-3

GRATUITIES

52.203-5

COVENANT AGAINST CONTINGENT FEES

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO

SEP 2006

THE GOVERNMENT

52.203-7

ANTI-KICKBACK PROCEDURES

JUL 1995

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY

JAN 1997

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

SEP 2007

CERTAIN FEDERAL TRANSACTIONS

52.203-15 Whistleblower Protections Under the American MAR 2009

Recovery and Reinvestment Act of 2009

52.204-4

PRINTED OR COPIED DOUBLE-SIDED

AUG 2000

ON RECYCLED PAPER

52.204-11 American Recovery and Reinvestment Act

MAR 2009

—Reporting Requirements.

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.204-7

CENTRAL CONTRACTOR REGISTRATION

APR 2008

52.214-26 Audit and Records—Sealed Bids, Alt. 1. MAR 2009

52.215-2 Audit and Records—Negotiation. MAR 2009

52.214-29

ORDER OF PRECEDENCE--SEALED BIDDING

JAN 1986

52.219-6

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

JUN 2003

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

MAY 2004

52.222-3

CONVICT LABOR

JUN 2003

52.222-4

CONTRACT WORK HOURS AND SAFETY

JUL 2005

STANDARDS

ACT-OVERTIME COMPENSATION

52.222-6

DAVIS-BACON ACT

52.222-7

WITHHOLDING OF FUNDS

FEB 1988

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

FEB 1999

52.222-26

EQUAL OPPORTUNITY

MAR 2007

52.222-27

AFFIRMATIVE ACTION COMPLIANCE

FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-35

EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH

JUN 1998

DISABILITIES

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-50

COMBATING TRAFFICKING IN PERSONS

FEB 2009

52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW

AUG 2003

INFORMATION

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN

JUN 2008

PURCHASES

52.227-1

AUTHORIZATION AND CONSENT

DEC 2007

52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT

DEC 2007

AND COPYRIGHT INFRINGEMENT

52.227-4

PATENT INDEMNITY--CONSTRUCTION CONTRACTS DEC 2007

52.228-2

ADDITIONAL BOND SECURITY

OCT 1997

52.228-5

INSURANCE--WORK ON A GOVERNMENT

INSTALLATION

52.228-11

PLEDGES OF ASSETS

FEB 1992

52.228-12

PROSPECTIVE SUBCONTRACTOR REQUESTS FOR OCT 1995

BONDS

52.228-14

IRREVOCABLE LETTER OF CREDIT

DEC 1999

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-5

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION SEP 2002

CONTRACTS

52.232-17

INTEREST

OCT 2008

52.232-23

ASSIGNMENT OF CLAIMS

JAN 1986

52.232-34

PAYMENT BY ELECTRONIC FUNDS TRANSFER--

MAY 1999

OTHER THAN CENTRAL CONTRACTOR

REGISTRATION

52.233-1

DISPUTES

JUL 2002

ALTERNATE I (DEC 1991)

52.233-3

PROTEST AFTER AWARD

AUG 1996

52.233-4

APPLICABLE LAW FOR BREACH OF

OCT 2004

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

52.236-8

OTHER CONTRACTS

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

ALTERNATE I (APR 1984)

52.236-14

AVAILABILITY AND USE OF UTILITY SERVICES

52.236-15

SCHEDULES FOR CONSTRUCTION CONTRACTS

52.236-17

LAYOUT OF WORK

52.236-26

PRECONSTRUCTION CONFERENCE

FEB 1995

52.242-13

BANKRUPTCY

JUL 1995

52.243-4

CHANGES

JUN 2007

52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS

DEC 2008

52.248-3

VALUE ENGINEERING--CONSTRUCTION

52.249-2

TERMINATION FOR CONVENIENCE OF THE

MAY 2004

GOVERNMENT (FIXED PRICE)

ALTERNATE I (SEPT 1996)

52.249-10

DEFAULT (FIXED-PRICE CONSTRUCTION)

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

52.242-14

SUSPENSION OF WORK

52.247-34

F.O.B. DESTINATION

52.247-48

F.O.B. DESTINATION--EVIDENCE OF SHIPMENT

FEB 1999

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007)

(a) Definitions. As used in this clause-

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts-

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.

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

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

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238210 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

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

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

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

Notice to Employees

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

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

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

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

I.4 52.225-9 -- Buy American Act–Construction Materials. (FEB 2009)

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

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NONE

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

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

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 and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)

I.5 52.225-21 -- Required Use of American Iron, Steel, and Other 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: NONE

(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:

Foreign and Domestic Construction Materials Cost Comparison

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.]

(End of clause)

I.6 52.225-22 -- 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) If 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…