AG-82X9-S-09-0118.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-82X9-S-09-0118

2. TYPE OF SOLICITATION

SEALED BID (IFB)

SAP (RFQ)

3. DATE ISSUED

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Rocky Mountain Acquisition / Cody 808 Meadow Lane Avenue Cody, WY 82414

Same as Block 7

9. FOR INFORMATION

CALL:

A. NAME

See Below B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Below

SOLICITATION

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

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

Total Small Business Set Aside Technical Questions: Mr. Bruce Kjerstad - 307- 674-2647 Contractual Questions: David H. Johnson – 307-578-5148 PROJECT TITLE: Bighorn NF – North Tongue Campground Fence NAICS CODE: 238990 $14 million Price Range: The Government's estimate is: between $25,000 and $100,000

Vendor TIN: ____________________________ ( must be completed )

Vendor DUNS: __________________________ ( must be completed )

Vendor eMail: __________________________ ( must be completed )

ORCA Complete Y N CCR Registered Y N ( must be completed )

All responsive and responsible proposals shall be considered.

11. The Contractor shall begin performance within 10 calendar days and complete it within 30 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO See section I, FAR 52.228.13 if over $30,000

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers in original and ONE additional copy of the Technical Proposal to perform the work required are due at the place specified in Item 8 by 1200 Noon, local time 10 June 2009. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(1 copies unless otherwise specified)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

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

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

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Non Discrimination

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

Site Location:

North Tongue Campground location: from Sheridan, Wyoming travel 50 miles West on I-90 and Highway #14 to Burgess Junction. From Burgess Junction travel 2 miles North on FSR #15 to North Tongue C.G.

Technical Questions:

Mr. Bruce Kjerstad - (307) 674-2647

The proposer shall submit a priced proposal by 12:00 Noon pm (Mountain Time) Cody, WY on 10 June 2009 to the address in Block 7. Fax proposals are NOT acceptable. Sign and fill in and return the following, Standard Form 1442, Pages 1-3; Pricing Sheet Section B/Schedule of items;

Section K Representations and Certifications; Technical Proposal; Business Proposal and references as described in Section L.

Socio-Economic Status ( must complete - circle status )

8a Y N HubZone Y N SVDOB Y N

Technical Proposal and References: See details in Section L.

Failure to submit this information will render the offer as non-responsive.

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PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

(North Tongue CG Fence)

BIGHORN NATIONAL FOREST

B- 1 - SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151(01)

Mobilization

Lump Sum

619(01)A

Fence, Post and Pole (type I)

Foot

3,000

619(01)B

Fence, Buck and Pole

Foot

619(02)

Gate, Smooth braided wire (4 wire)

Each

619(03)

Cattleguard, 24 foot (concrete base)

Each

Total Bid

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization.

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

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SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract

Construction to begin approximately August 15, 2009.

Cattle Guard to be installed approximately September 8, 2009.

North Tongue CG Fence – Project involves the construction of a fence along with installations of gates and a cattleguard. The project is located at North Tongue Campground on the Bighorn National Forest. Legal description is T55N, R89W, Sec.2.

Project Location

North Tongue Campground location: from Sheridan, Wyoming travel 50 miles West on I-90 and Highway #14 to Burgess Junction. From Burgess Junction travel 2 miles North on FSR #15 to North Tongue C.G.

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

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

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

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

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SECTION D--PACKAGING AND MARKING

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

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SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)

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SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days.

AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work.

The maximum workweek that will be approved is 50 hours.

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SECTION G--CONTRACT ADMINISTRATION DATA

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause

52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

AGAR 452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability, The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. (End of Clause)

FAR 52.232-5 Payments under Fixed-Price Construction Contracts. (additional information)

AG-82X9-S-09-0118 Page 10 of 54 AG-82X9-S-09-0118 b (1) (v) Additional supporting data in a form and detail required by the Contracting Officer. LIEN

WAIVERS:

Notarized lien waivers from all subcontractors and materialmen will be required for all progress payments as well as the final payment.

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PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) (Applicable if contract exceeds $30,000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.222-3 Convict Labor (JUN 2003) 52.222-6 Davis-Bacon Act (JUL 2005) 52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (FEB 1988) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (FEB 1988) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) (Applicable if contract exceeds $10,000) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-26 Equal Opportunity (MAR 2007) (Applicable if contract exceeds $10,000) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds

$10,000) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC

2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000)

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52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000) 52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995) (Applicable if contract exceeds $30,000) 52.228-14 Irrevocable Letter of Credit (DEC 1999) (Applicable if contract exceeds $30,000) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-27 Prompt Payment for Construction Contracts (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991)

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2008) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

(Applicable if contract is over $30,000) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

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52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding

AG-82X9-S-09-0118 Page 15 of 54 AG-82X9-S-09-0118 novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

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

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

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

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

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

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

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

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

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

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

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

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

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(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.

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(2) This requirement does not apply to the construction material or components listed by the Government as follows: ______ [Contracting Officer to list applicable excepted materials or indicate ``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).

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(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).]

FAR 52.228-13 Alternative Payment Protections (JUL 2000) (Applicable to Contracts >$30,000 but < $100,000)

(a) The Contractor shall submit one of the following payment protections

Payment Bond Irrevocable Letter of Credit Cashier’s Check

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(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 14 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

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

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

USDA Forest Service.

Order of Precedence--Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

Emergency Control- Fire Plan

Noxious Weeds

Past Performance Survey

Wage Determination (s)

Drawings

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EMERGENCY CONTROL - FIRE PLAN

This plan outlines the channels of responsibilities for fire prevention and suppression activities and sets up an attack procedure in the event of a fire within the project area. The project area is defined as that area within the National Forest and within one-half mile of the project right-of-way, work areas, and all roads used for construction purposes.

A. TOOLS AND EQUIPMENT

1.Tools.

(a) The contractor shall furnish and maintain in a serviceable condition one shovel or pulaski for each of his employees, to be used only for suppressing Forest fires. These tools will be kept in sealed boxes and available within the immediate working areas.

(b) The contractor shall furnish one shovel, LHRP, size 0 or larger, one axe, two pounds or larger, for each truck, each personnel vehicle, each tractor, and each grader. For each welder, he shall furnish one shovel, LHRP, size 0 or larger, and one backpack, five-gallon pump; for each gasoline power tool (power saw, soil auger, ect.), one shovel, LHRP, size 0 or larger, and one eight-ounce chemical pressurized fire extinguisher. Contractor shall also furnish any other equipment called for elsewhere in the contract.

(c) All fire tools and equipment required to be furnished by the contractor shall be in good working condition at all times. 2

2. Equipment. Prior to the beginning of each fire season, the contractor shall furnish a list of equipment used on the project, on forms provided by the Forest Service.

3. Manpower. The contractor shall furnish a list of supervisory personnel and amount of manpower available on the project, on forms furnished by the Forest Service. Changes in supervisory personnel and amount of manpower shall be reflected in amendment to the list.

B. GENERAL PROVISIONS

1. Fir e Prevention

(a) Burning, Blasting, or Welding. During the period from April 15 through November 15, advance approval in writing will be required and will contain special stipulations

AG-82X9-S-09-0118 Page 22 of 54 AG-82X9-S-09-0118 pertinent to the particular job. The District Ranger may give, in writing, seasonal approval with stipulations for blasting and/or welding. Such approval will contain special stipulations pertinent to the particular job. At no time will use of detonating cord be allowed in clearing operations.

At all times, explosives will be stored in a locked box marked “Explosives.” All Federal, State and local laws concerning the use and storage of explosives shall be complied with.

(b) Spark Arrestors. All diesel or gasoline engines except those machines equipped with exhaust driven turbochargers, and all flues used on the project and in construction camps, shall be equipped with adequate, serviceable arresting devices that meet Forest Service standard 5100-1, Spark Arrestors for Internal Combustion Engines. Information in this standard will be furnished upon request.

(c) Lunch and Camp Fires. Lunch and camp fire are permited. Contractor is subject to any fire bans.

(d) Smoking. The contractor may permit smoking by his employees from April 15 through October 31, but only in safe places such as: along roads, in truck cabins, or where all inflammable material has been cleared away from an area at least three feet in diameter.

During periods of high fire danger, smoking may be prohibited by the District Ranger except in truck cabs and at places of habitation. Under no circumstances will smoking be permitted during the period of April 15 through October 31 while operating tractors or other open-type vehicles in areas not cleared to mineral soil, or while walking or working in such areas.

(e) Power Saws. Oil and gas will be carried only in metal safety cans.

(f) Storage and Parking Areas. Equipment service areas, parking areas, gas and oil drum storage areas, and explosive storage areas will be cleared of all inflammable material for a distance of 50 feet. Small stationary engine sited shall be cleared of all inflammable material for a distance of 15 feet. Inflammable and explosive storage areas will be labeled as such, and “NO SMOKING” signs erected.

(g) Oil filter, Cartridges and Oily Rags. Used and discarded oil filters, cartridges, and oily rags or waste will be buried in mineral soil or burned in a safe area. Glass jugs or bottles will not be used for gas, oil, or water.

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NOXIOUS WEEDS

NOXIOUS WEEDS

The Contractor shall make all equipment intended for use on this project available for inspection by the COR prior to entering the National Forest. If the COR determines that the equipment could be carrying potentially noxious weed seeds, the Contractor shall thoroughly wash the equipment. This equipment washing shall be conducted at a site owned or leased by the contractor or a commercial site designated for this work, outside the National Forest.

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OWNER/CLIENT PAST PERFORMANCE SURVEY

Please completed and submit to FAX (307) 578-5103

By Closing Date _____________________ ( Offerer to Enter )

CONTRACTOR (Name of Offeror)

Address:____________________________________________________________________

The USDA Forest Service uses “Past Performance” information to evaluate contractor potential for quality performance. The term refers to a firm’s record of: Conforming to contract requirements; Meeting standards of good workmanship; Forecasting and controlling costs;

Adherence to contract schedules, including the administrative aspects of performance; to its history of reasonable and cooperative behavior and commitment to customer satisfaction; and the firm’s general business-like concern for the interests of the customer.

These answers relate to the work performed under the following Project, Dated ___/___/____ to ___/___/____

Name / Number, Dollar value: ___________________________________________

Location of project:______________________________________________________________

DEFINITION of rating levels:

Outstanding: The contractor has demonstrated an outstanding performance level in any of the categories that justifies adding a point to the score. It is expected that this rating will be used in those rare circumstances where contractor performance clearly exceeds the performance levels described as "Excellent". Very High Confidence in this contractor.

Excellent: There are no problems. Contractor tends to make an extra effort to make operations and performance run smoothly. Significant Confidence in this contractor.

Good: Overall compliance reasonably meets objectives and does not impact achievement of contract requirements. Reasonable level of Confidence in this contractor.

Fair: Overall compliance requires Agency resources to ensure achievement of contract requirements.

Some Confidence in this contractor.

Poor: Overall compliance requires major Agency resources to ensure achievement of contract requirements. Little to No Confidence in this contractor.

Unsatisfactory: Nonconformances are jeopardizing the achievement of contract requirements, despite use of Agency resources. No Confidence in this contractor.

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How would you rate the Overall Performance of this Contractor on the subject project?

Outstanding Excellent Good Fair Poor Unsatisfactory

Quality of Products/Services/Construction

Rating:______

Were quality products/services/construction received?

Did the end result meet expectations regarding quality?

Does the Contractor act proactively to avoid or resolve difficulties?

Did contactor staffing or organizational management ever present problems in performance or receipt of goods and services?

Describe the availability of key management and technical personnel and their support of the project.

Describe the effectiveness of contractor Quality Control. Was it proactive?

Comments:

Customer Satisfaction

To what extent were the users satisfied with performance and completed products?

Was Contractor proactive in project management and relations in providing for customer Satisfaction?

Did the Contractor foster good working relations with you and with other entities and the public?

Did upper level management take sufficient interest in the project to ensure that the firm was meeting your expectations?

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Cost Control (a function of productivity and efficiency)

Did the contractor stay within costs?

If modifications were agreed to, did the contractor make satisfactory efforts to control costs?

Business Relations

Over project management (i.e. business relations with others).

Describe the working relationship of the Contractor and your organization and site representatives as well as the Contractor’s subcontractors.

Contractor’s communication with the owner/technical personnel and ability to resolve problems.

Was the contractor able to hire, train, subcontract and maintain a quality workforce?

Timeliness of Performance

Did the contractor meet contract performance time?

Did the contractor complete the project without any undue delays?

Was the contractor responsive to changes in contract schedule?

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Based upon your knowledge of the past performance and experience with this contractor, would you award them another contract?

Respondent / Evaluator Identification. Please complete the following – you may be contacted for additional information regarding the named contractor: Please use additional pages if needed.

Name: _____________________Title ___________________

Phone _____________________ FAX ______________________

Date:_________________ E-Mail: ______________________

Return to: David H. Johnson, CO, USFS R2 AQM / Cody, 808 Meadow Lane, Cody, WY 82414 Fax: 307-578-5148

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General Decision Number: WY080002 04/03/2009 WY2

Superseded General Decision Number: WY20070002

State: Wyoming

Construction Type: Building

Counties: Albany, Big Horn, Campbell, Carbon, Converse, Crook, Fremont, Goshen, Hot Springs, Johnson, Lincoln, Niobrara, Park, Platte, Sheridan, Sublette, Sweetwater, Teton, Uinta, Washakie and Weston Counties in Wyoming.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Modification Number Publication Date 0 02/08/2008 1 04/04/2008 2 05/02/2008 3 07/04/2008 4 12/05/2008 5 01/02/2009 6 03/06/2009 7 04/03/2009

ELEC0322-004 06/01/2006

Big Horn, Carbon, Converse, Fremont, Hot Springs, Johnson, Lincoln, Park, Sheridan, Sublette, Sweetwater, Teton, Unita and Washakie Counties

Rates Fringes

ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Temperature Controls) Projects $50,000 and Under..$ 16.55 6.33

ELEC0322-005 12/01/2008

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Carbon, Converse and Fremont Counties

ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Temperature Controls) Projects Over $50,000.......$ 24.25 8.72

ELEC0322-008 12/01/2008

Big Horn, Hot Springs, Johnson, Lincoln, Park, Sheridan, Sublette, Sweetwater, Teton, Unita and Washakie Counties

ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Temperature Controls) Projects Over $50,000.......$ 24.25 8.72

ELEC0415-002 03/02/2009

Albany, Goshen and Platte Counties

Rates Fringes

ELECTRICIAN (Including Low Voltage Wiring and Installation of Fire Alarms, Security Systems and Temperature Controls)............$ 26.93 5%+9.35

ELEC0415-003 04/02/2007

Campbell, Crook, Niobrara and Weston Counties

Rates Fringes

ELECTRICIAN (Including Low Voltage Wiring and

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Installation of Fire Alarms, Security Systems and Temperature Controls)............$ 25.40 5%+7.85

IRON0454-001 02/01/2003

Rates Fringes

Ironworker, reinforcing and structural.......................$ 16.00 8.09

PLUM0192-002 01/01/2008

Rates Fringes

PLUMBER (Including HVAC Pipe)....$ 21.78 10.60

* SFWY0669-001 04/01/2009

Rates Fringes

SPRINKLER FITTER.................$ 29.85 15.05

SHEE0103-006 07/01/1999

Rates Fringes

Sheet Metal Worker (HVAC Duct Only)............................$ 21.23 6.19

SUWY2004-004 06/03/2003

Rates Fringes

CARPENTER

Metal Building Erector......$ 10.92 All Other Work - Including Acoustical Installation;

Drywall Hanging/Framing;

Metal Stud Installation and Formbuilding and Setting.....................$ 15.99 5.13

Cement Mason/Concrete Finisher...$ 13.70 2.34

DRYWALL FINISHER/TAPER...........$ 12.35

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HVAC MECHANIC (Set Unit Only)....$ 17.33 .56

INSULATOR - BATT.................$ 10.98

Laborer, common..................$ 9.34

OPERATOR: Power Equipment Backhoe.....................$ 13.62 1.55 Front End Loader............$ 14.81 1.55 Roller......................$ 14.78 2.63 Scraper.....................$ 18.48 6.00

PLASTERER (Including Exterior Insulation Finish)...............$ 13.73 1.38

ROOFER, Including Built Up, Composition and Single Ply Roofs (Including Metal Roof Installation)....................$ 10.72

TILE SETTER......................$ 17.48

Truck Driver, Dump...............$ 11.55 .89

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

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WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including…