AG-82HW-S-10-0001 - Replace Roof and Piant Bldg 3 -Manhattan-ARRA - construction over 100K.pdf

PAGE OF PAGES 3. DATE ISSUED 2. TYPE OF SOLICITATION 1. SOLICITATION NO.

SEALED BID (IFB)

NEGOTIATED (RFP)

X OF 7001-06-2010

6. PROJECT NO. 5. REQUISITION/PURCHASE REQUEST NO. 4. CONTRACT NO.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 970-492-7017

SAME AS BLOCK 7

CONTRACTING OFFICER

USDA-ARS-NPA

Natural Resources Research Center 2150 Centre Avenue, Building D, Suite 300 Fort Collins, CO 80526-8119

9. FOR INFORMATION

CALL:

A. NAME

JAMES C. WILTSE

SOLICITATION SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

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

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair) AG-82HW-S-10-0001

CODE

7. ISSUED BY 8. ADDRESS OFFER TO

Contractor to provide all labor, materials, equipment, tools, and qualified supervision necessary to accomplish Replace roof and paint exterior, building 3 at the Center for Grain and Animal Health Research, 1515 College Ave., Manhattan, Kansas 66502, as specified in the plan set (see attachments).

This Acquisition is a Total HUBZone Set-Aside, bids will only be accepted from firms that are HUBZone firms (see clause 52.219-3).

Project Cost Range: $250,000.00 to $500,000.00.

A Bid Bond (Standard Form 24) is required on this project. A Payment (Standard Form 25a) & Performance Bond (Standard Form 25) is required within 10 calendar days after award. The solicitation and plans sets will be available in FedBizOpps on or after the issue date.

Contractor must complete the project within 270 calendar days after receiving notice to proceed.

NAICS CODE: 238160

SIZE STANDARD: $14.0 M

Electronic offers will not be accepted, bids must be in hardcopy received not later than the time and date, and at the place indicated on in the solicitation.

There will be a pre-bid walk through meeting (site visit) at 10:00 AM (Local Time) on January 15, 2010, at the Center for Grain and Animal Health Research, 1515 College Ave. Manhattan, Kansas 66502., meeting first in the large conference room, contact Janette Jensen on (785)776-2737 for information on the pre-bid walk through.

There will be a public bid opening 2/9/2010 at 1:00 PM MST, located at 2150 Centre Ave., building D, Room 2010 (North Platte Room), Fort Collins, CO 80526.

11. The Contractor shall begin performance within ______ calendar days and complete it within______ ______ ______ calendar days after receiving notice to proceed. This performance period is mandatory, negotiable. (See _ _________________.) ___________

15 270

X X 52.211-10 award, YES NO calendar days after award in Item 12B.)

X

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many 12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

Sealed offers in original and __ _____copies to perform the work required are due at the place specified in Item 8 b____________ y __ ___________1:00 PM

(hour) local time __ _________ __________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed

ZERO

2-9-2010 A.

X envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due An offer guarantee is, is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference

B.

C.

D. Offers providing less than _ __________________ calendar da____ considered and will be rejected.

60 ys for Government acceptance after the date offers are due will not be

REV. 4-85) STANDARD FORM 1442 (STANDARD FORM 1442

NSN 7540-01-155-3212 Prescribed by GSA YFAR (48 CFR) 52.236-1(d)

OFFER

Same as Block 7

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code) (Must be fully completed by offeror)

(Include only if different than Item 14)

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

(Type or print)

(To be completed by Government)

(4 copies unless otherwise specified)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

USDA-OCFO, NFC

FSD, FORD Section 1 PO Box 53326 N

(Type or print) (Type or print)

(Contractor is required to sign this (Contractor is not required to sign this document.)

ew Orleans, LA 70153

JAMES C. WILTSE

NPA-15681

document and return _______ copies to issuing office.)

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

INSTRUCTIONS AND NOTICES TO BIDDERS ……………………………………………….. 6

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK …………….. 11

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 Inspection of Construction ……………………………………………………. 13

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) …………………………. 43

I.13 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) ………. 43

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 …………………………….. 44

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) …… ……... 45

I.19 452.236-72 Use of Premises. (NOV 1996) …………………………………………. 45

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) ……………… 46

I.23 452.236-76 Samples and Certificates. (FEB 1988) ……………………………………. 46

I.24 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988) …………………………… 47

I.25 52.219-3 – Notice of Total HUBZone Set-Aside. (Jan 1999) ………………………….. 47

I.26 52.222-54 – Employment Eligibility Verification. (Jan 2009) ………………………… 48

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS ……….. 52

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) ……..53

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) ………………………………………………………… 69

L.7 452.228-70 Alternative Forms of Security. (NOV 1996) ………………………………… 69

L.8 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) …………………. 69

SECTION M - EVALUATION FACTORS FOR AWARD

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

AG-82HW-S-10-0001

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 12:30 P.M.

to 1:00 P.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

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 Section I (see also “NOTE” below in this section).

PRE-BID CONFERENCE: A Pre-bid Site Visit and Conference will be held at 10:00 AM (Local Time) on January 15, 2010 at the Center for Grain and Animal Health Research, 1515 College Ave, Manhattan, KS 66502, in the Large Conference Room. 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 January 28, 2010 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 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 Section I. 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:

mailto:James.Wiltse@ars.usda.gov http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType=SF

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:

1. This action is being made under the American Recovery & Reinvestment Act of 2009 (ARRA). The following line item(s) or service(s) is funded with Recovery Act funds:

__________________ALL ITEMS___________

2. In accordance with Federal Acquisition Circular (FAC) 2005-32 and the ARRA, this contract includes the Federal Acquisition Regulation (FAR) clauses and provisions below. The full text of the clauses 52.203-15 and 52.204-11 can be found at the following website: http://www.arnet.gov/far/.

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

(MAR 2009)

52.204-11 American Recovery and Reinvestment Act Reporting Requirements. (MAR 2009)

52.214-26 Audit and Records—Sealed Bidding. (MAR 2009)

52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods – Buy American

Act – Construction Materials. (Full text follows, see index for page number.)

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods – Buy American Act – Construction Materials. (Full text follows, see index for page number.)

3. Contractors are reminded of the following, regarding required reports:

a. Reporting Requirements Under ARRA (See FAR 4.15 and the clause at 52.204-11.)

Contractors who receive awards (or modifications to existing awards) funded, in whole or in part by the Recovery Act, must report information including, but not limited to:

1. The dollar amount of contractor invoices

2. The supplies delivery and services performed

3. An assessment of the completion status of the work

4. An estimate of the number of jobs created and the number of jobs retained a s a result of the

Recovery Act funds

5. The names and total compensation of each of the five (5) most highly compensated officers for the calendar year in which the contract is awarded

6. Specific information on first-tier subcontractors

In accordance with Section 1512 of the ARRA and FAR 4.15, Contractors are required to submit quarterly reports concerning the use of these funds. Failure to comply with these reporting requirements will result in the withholding of funds http://www.arnet.gov/far/ until satisfactory compliance is achieved and non-compliance will be noted in the formal contract performance evaluation recorded in the Contractor Performance System (CPS).

b. Buy American Act Requirements (See FAR 25.6 and the clause at 52.225-21 and provision at 52.225-22 for contracts less than $7,443,000; or the clause at 52.225-23 and provision at 52.225-24 for contracts that exceed $7,443,000.)

All of the iron, steel, and other manufactured goods used as construction material in the project are to be produced or manufactured in the United States, unless the following exceptions apply:

1. The head of the contracting activity determines that a particular material is not mined, produced, or manufactured in the US in sufficient and reasonably available commercial quantities of a satisfactory quality.

2. The Contracting Officer concludes that the cost of domestic material is unreasonable in accordance with FAR 25.606.

3. The head of the contracting activity determines that application of the restrictions of section 1605 of the Recovery Act or the Buy American Act to a particular material would be inconsistent with the public interest.

PART I - THE SCHEDULE

SEPARATE BID PACKAGE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE 17 OF STANDARD FORM 1442

Contractor to provide all labor, materials, equipment, tools, and qualified supervision to accomplish the project “REPLACE ROOF AND PAINT EXTERIOR OF BUILDING #3 AT

THE CENTER FOR GRAIN AND ANIMAL HEALTH RESEARCH IN MANHATTAN, KS,

OF THE ARS OF THE USDA, as described in the items below. Construction work under this project includes, but is not limited to, all parts, material, labor, etc., necessary to perform all work in the described items.

Item 01. Base Bid: Relocate existing roofing ballast, remove existing roofing EPDM membrane and insulation to the roof deck, then replace with new insulation and roofing EPDM membrane, and relocated existing roofing ballast. Replace existing roof flashing and accessories to attain a warranty of 20 years on materials and installation.

Item 02. Add Alternate A: Powerwash and Repaint the Scale House portion of Building #3.

Item 03. Add Alternate B. Powerwash and Repaint the Pilot Plant portion of Building #3.

Item 04. Add Alternate C. Powerwash and Repaint the Grain Elevator portion of Building #3.

For bidding purposes, the Add Alternates above shall be priced as stand-alone alternates, with the following hierarchy 02, 03, 04. The Government reserves the right to accept any, all, or none of these alternates, in the above order of hierarchy. NOTE: Offerors MUST indicate a price for ALL bid items above (01, 02, 03, and 04) to be considered for award.

Bids that do not include a price for all items will be determined non-responsive and will not be considered for award.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment labeled SOW (Statement of Work)

SECTION D - PACKAGING AND MARKING

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

AG-82HW-S-10-0001 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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)

AG-82HW-S-10-0001 Section F

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.

AG-82HW-S-10-0001 Section G

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

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO 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 JAN 1997

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 SEP 2006

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

http://acquisition.gov/far/current/html/52_214.html#wp1129528 http://acquisition.gov/far/current/html/52_215.html#wp1144470

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 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 FEB 1988

REQUIREMENTS

52.222-11 SUBCONTRACTS (LABOR STANDARDS) JUL 2005

52.222-12 CONTRACT TERMINATION - DEBARMENT FEB 1988

52.222-13 COMPLIANCE WITH DAVIS-BACON AND FEB 1988

RELATED ACT REGULATIONS

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE ACTION COMPLIANCE FEB 1999

REQUIREMENTS FOR CONSTRUCTION

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED SEP 2006

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 SEP 2006

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 JAN 1997

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 APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS APR 1984

AFFECTING THE WORK

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, APR 1984

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

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

ALTERNATE I (APR 1984)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-26 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 SEP 2006

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED PRICE)

ALTERNATE I (SEPT 1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

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

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 238160 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: Petroleum, crude oil, unfinished oils, and finished products.

(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

Construction material description Unit of measure Quantity Price (dollars) *

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).]

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”…