ag82x9s090186_wells.doc

AG-82X9-S-09-0186

Black Hills National Forest

Well Drilling

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

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

Date:

July 21, 2009 Time:

9:00 am MDT Location: Supervisor’s Office, 1019 N Fifth St, Custer SD

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B—SCHEDULE OF ITEMS

Msrmt

Drill, Re-drill, and/or abandon 4 wells throughout the Black Hills National Forest.

Estimates are based on 300 foot well depth and 6 inch well casing. Actual quantities may vary.

(Bear Springs Well) - extending existing well approximately 250 feet – see Site #4 well completion report

Total for all items:

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract

Furnish all necessary labor, supervision, transportation, equipment, materials, supplies, and incidental necessary to drill, re-drill and/or abandon 4 wells in accordance with the attached specifications, wage rates, terms and conditions.

Project Location

Project sites are located throughout the Black Hills National Forest in the following counties of South Dakota: Lawrence and Pennington.

Price Range The Government's estimate is: between $25,000 and $100,000 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.

U. S. Department of Agriculture

Forest Service - Region 2

SECTION 15280

Water Well

PART I - GENERAL

1.01 This item shall consist of the construction of a water supply well. Work includes drilling of the water well, casing, grouting, and well cleaning/purging/development.

1.02 Measurement - Measurement shall be the completed items as shown on the Schedule of Items.

A. Item 15280-1 Moving Equipment to and from Well Site: Shall be measured as one lump sum quantity for each location identified in the schedule.

B. Item 15280-2 6 Inch Well Drilling: Shall be measured as the linear footage of drill hole measured from the ground surface, drilled and accepted in accordance with these specifications by the Contracting Officer.

C. Item 15280-3 6 Inch Steel Surface Casing and Grout - The lineal feet of permanent casing installed in a finished well, measured to the nearest one-half foot without allowance for lap at joints. No payment will be made for casing placed in a well that does not meet the alignment requirements nor for temporary casing placed in an unfinished well that is subsequently abandoned and grouted under this contract.

D. Item 15280-4 Concrete Grout for Abandoned Wells - The number of 94-pound bags of cement used and accepted. This grout shall also include an equal volume of dry sand, not included in the measurement quantity, considered incidental to this work and not paid separately.

1.03 Payment – The quantity measured shall be paid for at the unit price as shown on the Schedule of Items. The unit price shall include all labor, equipment, materials, tools, and incidentals necessary to complete the item.

A. Item 15280-1 Moving Equipment to and from Well Site - This item shall consist of moving the Contractor's equipment to and from the well site, setting up the equipment, and upon completion of drilling, removing the equipment from the site. It shall also include work necessary in gaining access to or leaving the well site, complete cleanup of the site, and the removal and disposal of drilled or excavated materials. Measurement shall be lump sum for moving equipment to and from well site.

B. Item 15280-2 6 Inch Well Drilling - This item shall consist of drilling the well hole to the depth required to produce and adequate water supply, and of enlarging or reaming the drill hole to properly set the casing of the diameter and depth prescribed in the Schedule of Items, or to the depth determined necessary by the Contracting Officer in accordance with applicable Federal, State, and local sanitation standards for well development.

C. Item 15280-3 6 Inch Steel Surface Casing and Grout – This item shall consist of supplying, setting, grouting, backfilling, and capping the surface well casing in accordance with State Well Standards and these Specifications.

D. Item 15280-4 Concrete Grout for Abandoned Wells – This items shall consist of supplying and placing concrete grout to properly abandon a well in accordance with State Standards. It will include cutting and removing casing, filling the bore hole, and restoring the ground surface. This item will only be used if abandoning of an unsuccessful well is ordered by the Contracting Officer.

PART II - PRODUCTS –

2.01 Cement for Concrete Grout - Type V Portland cement, conforming to ASTM Standard C 150.

2.02 Water - Water used for grout or mudding agents or for any introduction into the well shall be clean water of drinking quality and shall be obtained from sources commonly considered to be free from bacteria and chemical contamination and shall be handled in clean receptacles. In no event will drilling water be taken from open streams, ponds, or ditches.

2.03 Mudding Agents - Mudding agents for drilling sludge shall be commercial bentonite or other commercial mudding agent.

2.04 Steel Casing - Pipe used for permanent casing in the well shall be of new material and be electric resistance-welded or seamless steel pipe. Lengths of pipe shorter than 5 feet shall not be used. The ends of the pipe shall be either threaded and coupled or plain end beveled. When plain end beveled pipe is used, each section of the pipe shall have a machine beveled end when joined to existing pipe in the hole. Pipe for well casing shall conform to ASTM Standard A-53, Grade B; and shall also conform to AWWA Standard A-100, and shall have the following minimum weight and wall thickness:

Size (ID)

Weight (Pound/ Foot) Wall Thickness

(Inch) Threaded

Plain End (Inch)

& Coupled

19.18 18.97 0.280

29.35 28.55 0.322

41.85 40.48 0.365

51.15 49.56 0.375

14 OD

57.00 54.57

16 OD

62.58

18 OD

70.59

20 OD

78.60

B.

Threaded Ends - The ends shall be provided with threads in accordance with the gaging practice of the American National Standard for Pipe Threads (ANSI B1.20.1).

C.

Couplings - Each length of threaded pipe shall be provided with one coupling as normally furnished with reamed and drifted pipe, unless otherwise specified. The coupling threads shall be in accordance with the gaging practice of the American National Standard for Pipe Threads (ANSI B1.20.1).

D.

Plain Ends - Pipe with a wall thickness of less than 0.500", except double extra strong pipe, shall be plain end beveled. Plain end beveled is 37-1/2° with 1/16" land. Pipe with wall thickness over 0.500" and all double extra strong pipe shall be plain end cut square.

E.

Welding - Pipe sections left for permanent casing in the hole shall be joined by welding by electric arc and shall utilize electrodes conforming to AWS E-6010. Welding of pipe joints shall be done in a full continuous running weld, in accordance with the standards of the American Welding Society. The pipes shall be gapped 1/8" to encourage a full penetration weld on the joint.

2.05 Grouting Guides - Casing that is to be grouted in the drill hole or annular opening shall be centered, using guides welded to the casing.

2.06 Neat Cement Grout – Type V Portland cement, conforming to ASTM Standard C150, and water, with no more than 6 gallons of water per 94-pound sack of cement, shall be used for 2 inch openings.

PART III - EXECUTION

3.01 Utilities Available - Utilities, (electricity and water) will not be available for contractor's use. It shall be the contractor's responsibility to maintain water and electrical needed to maintain safe conditions.

3.02 Site Access - Access to the well sites will be over gravel and native surface roadways. The contractor is required to examine access to the well sites prior to submitting a proposal. Submitting a proposal on this project shall indicate acceptance of access conditions to the well site

3.03 Disposal of Water and Drilled or Excavated Material - The Contractor shall make provisions for drainage of water away from the sites of the work during drilling operations. Mud, drilling fluids, or other contaminants shall be prevented from entering any surface water course. Use of a mud pit will be permitted, at each well site, provided that upon completion of the drilling, each pit will be backfilled with the original excavated material to the natural ground level. Topsoil will be stockpiled separately and replaced in the top one foot of the excavation. The Contractor will be responsible for any and all damage that may result from disposal of water during his operation. Complete cleanup of excavated material and construction debris shall be required and the area shall be left in as near a natural condition as possible. Excavated material shall be removed and disposed of in an area designated by the engineer.

3.04 Drilling - The Contractor shall drill a well at the location designated and staked by the Contracting Officer. The hole shall not be less than the size necessary to properly set the casing indicated in the Schedule of Items. Drilling will proceed to a depth that will provide a sustained water yield of 15 gpm, within the limits of funding available for the project completion.

The Contractor shall provide all water necessary for drilling the well together with such facilities as necessary to obtain, transport, and handle drilling water.

The Contractor shall drill the well straight and plumb and not deviate from the straight and plumb line by an amount sufficient to prevent lowering free to the bottom of the completed well a 40' section of tubing not more than 0.5 inch smaller than the diameter of the casing being tested. If the drilling fails to meet this specification, the Contractor agrees to correct the alignment at his own expense, or failing to correct the alignment, to drill another well at his own expense at a point designated by the Contracting Officer. This test is to be performed in the presence of the Contracting Officer or his authorized representative.

During the progress of the work, after penetration of important water-bearing stratum, the Contractor shall be prepared to test the well as directed by the Contracting Officer to determine the water yield at that level. The customary method of testing is capturing and measuring well discharge during air testing after a period of time to stabilize the drawdown.

Upon completion of the initial bore hole to the depth and water bearing capacity accepted by the Contracting Officer, an oversize borehole shall be provided with a diameter and depth as required for setting and grouting the surface well casing in accordance with State Standards. Casing shall extend to 24 inches minimum above adjacent ground. Provide temporary cap on casing at well completion.

3.05 Daily Shift Record - The Contractor shall furnish the forms and keep a daily shift record for each hole drilled, recording the following data on the forms required in the particular State in which work is being performed:

A.

Depth, thickness, type, general character, and drilling characteristics of each material encountered during each drilling shift.

B.

Depth, thickness, and bailing test results of each water-bearing zone encountered.

C.

Length of casing installed during each drilling shift, and the total length in the hole at the end of each drilling shift.

D.

Depth of fluid level in the hole below some predetermined point, referenced to ground level, at the beginning and end of each drilling shift, and any appreciable change in fluid level during drilling.

E.

Depth range of perforated zones, including size and spacing of perforations.

F.

Slot size and length of well screen.

The daily shift record shall be kept carefully and accurately, with entries made in sequence so that each may be correlated with the depth of the hole. The shift record shall be complete at the end of each shift and shall be open to inspection at any time. Four copies of the daily shift record shall be delivered to the Contracting Officer within 15 days after performance of all work on each hole whether the hole is completed or abandoned.

At any time during the progress of the work, the Contracting Officer, using his own equipment and facilities, may make measurements or observations sufficient for him to keep a record corresponding to that kept by the driller. No shutdown time shall be allowed for such observations.

3.06 Log of the Hole - The Contractor shall keep an accurate record of the location of the top and bottom of each stratum penetrated and shall record the type and general character of each material encountered. The log shall be kept up-to-date and shall be open for inspection by the Contracting Officer at any time during the work. Four copies of the log shall be prepared and shall be delivered to the Contracting Officer within 15 days after performance of all work on each hole whether the hole is completed or abandoned. One copy of the log will be sent by the Contractor to the Office of the State Engineer in the State in which the well is drilled.

3.07 Sampling of Materials Penetrated - The Contractor shall collect, properly label, and deliver to the Contracting Officer a one-quart sample of material taken at every change of material.

In addition, the Contractor shall obtain a sample as soon as a water bearing formation is encountered; and thereafter, take additional samples whenever changes occur in the material being penetrated by the drill hole or at intervals of approximately 5' if there are no apparent changes.

The Contractor shall accurately label each sample being submitted as to the depth from which it was taken, the thickness of the formation it represents, and its place in the well log. If drilling mud is used, this fact should be indicated in the information submitted with the samples. The Contractor shall not wash the mud out of the samples. The laboratory must know whether the clay in the samples is from the drilling mud or if it is from the formation itself. The Contractor shall furnish waterproof containers for all samples and shall deliver them to the Contracting Officer for sieve analysis.

3.08 Abandoned Wells - In the event the Contracting Officer determines that a well should be abandoned, any remaining uncompleted contract items or projects thereof pertaining to that well will be canceled, in writing, without prejudice to either the Contractor or the Forest Service. Payment will be made for all items of work or portions thereof completed prior to notice of such cancellation. Any well which is abandoned in this manner shall be filled with concrete grout to protect the water-bearing formations against possible contamination.

Wells relocated for the convenience of the Contractor, after commencement of drilling operations, will not be considered as abandoned under this clause. All well holes left by relocation of the well sites shall be filled with concrete grout.

3.09 Developing the Wells - The contractor shall develop the wells by methods of high velocity jetting, surging, and/or sustained pumping at rates and durations specified by the Contracting Officer in order to remove the silt, sand, and mud cake from the wells after they have been drilled to the required depth. The development of the well shall be considered complete when the water is clear and reasonably free from sand as determined by the Contracting Officer.

END OF SECTION

May 1998

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within ten 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 90 calendar days. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 45 days after the date of contract award. The conference will be held at location to be determined.

GOVERNMENT-FURNISHED PROPERTY

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Washing Equipment – Weeds

To help stop the spread of weeds, this work will require the contractor to wash his equipment, off forest; prior to bringing it on the job site and each time it is removed and returned to the job site. The equipment shall be washed with a pressure washer that is capable of producing enough water force to thoroughly remove all organic and mineral debris, including excess grease from the machine.

Safety Plan

The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(a) The Safety Plan should be available to all employees and subcontractors working on the contract.

(b) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract

iii. Appropriate OSHA requirements for the type of work under the contract

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger, attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. 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.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 Central Contractor Registration (APR 2008)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008) 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) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 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) 52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995

52.228-14 Irrevocable Letter of Credit (DEC 1999) 52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984)

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

52.244-6 Subcontracts for Commercial Items (DEC 2008)

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

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

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

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

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

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

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

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

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

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

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

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to the construction material or components listed by the Government as follows: NONE.

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] 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 FORMCHECKBOX is, FORMCHECKBOX is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

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

FAR 52.228-13 Alternative Payment Protections (JUL 2000)

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

· Payment Bond

· Irrevocable letter of credit (ILC)

(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 5 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

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

SECTION J--LIST OF ATTACHMENTS

Maps:

Well Site #1 – Plateau

Well Site #2 – Wolf

Well site #3 – Darrow

Well site #4 – Bear Springs

Site # 4 Well Completion Report

SD WELL CONSTRUCTION STANDARDS (CHAPTER 74:02:04)

http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=74:02:04 Additional information is here: http://denr.sd.gov/des/wr/well.aspx

General Decision Number: SD080009 08/22/2008 SD9

Superseded General Decision Number: SD20070011

State: South Dakota

Construction Types: Heavy and Highway

Counties: South Dakota Statewide.

Modification Number Publication Date

0 02/08/2008

1 07/11/2008

2 08/01/2008

3 08/22/2008

SUSD2008-001 07/11/2008

Rates Fringes

Carpenter/Form Builder

Lincoln, Minnehaha, Pennington..................$ 20.44

Remaining Counties..........$ 20.53

Concrete Finisher

Lincoln, Minnehaha, Pennington..................$ 19.41

Remaining Counties..........$ 19.58

Electrician

Lincoln, Minnehaha, Pennington..................$ 20.29

Remaining Counties..........$ 20.25

Laborers:

GROUP 1

Lincoln, Minnehaha, Pennington.................$ 14.19

Remaining Counties.........$ 14.12

GROUP 2

Lincoln, Minnehaha, Pennington.................$ 15.79

Remaining Counties.........$ 15.75

GROUP 3

Lincoln, Minnehaha, Pennington.................$ 17.47

Remaining Counties.........$ 17.50

GROUP 4

Lincoln, Minnehaha, Pennington.................$ 19.41

Remaining Counties.........$ 19.58

LABORER CLASSIFICATIONS:

GROUP 1 - Air Tool Operator, Common Laborer, Landscape Worker, Flagger, Pilot Car Driver, Trucks under 26,000 GVW, Blue Top Checker and Materials Checker.

GROUP 2 - Mechanic Tender, Pipe Layer (except culvert), Form Builder Tender, Special Surface Finish Applicator and Striping.

GROUP 3 - Asphalt Plant Tender, Pile Driver Leadsman, Form Setter and Oiler/Greaser.

GROUP 4 - Grade Checker.

Painter:

Lincoln, Minnehaha, Pennington..................$ 19.41

Remaining Counties..........$ 19.58

Power equipment operators:

GROUP 1

Lincoln, Minnehaha, Pennington.................$ 15.19

Remaining Counties.........$ 14.98

GROUP 2

Lincoln, Minnehaha, Pennington.................$ 16.58

Remaining Counties.........$ 16.57

GROUP 3:

Lincoln, Minnehaha, Pennington.................$ 18.09

GROUP 3

Remaining Counties.........$ 18.18

GROUP 4

Lincoln, Minnehaha, Pennington.................$ 18.62

Remaining Counties.........$ 18.63

GROUP 5

Lincoln, Minnehaha, Pennington.................$ 20.88

Remaining Counties.........$ 20.92

POWER EQUIPMENT OPERATOR CLASSIFICATIONS:

GROUP 1 - Concrete Paving Cure Machine, Concrete Paving Joint Sealer, Conveyor, Tractor (farm type with attachments), Self Propelled Broom, Concrete Routing Machine, Paver Feeder and Pugmill.

GROUP 2 - Bulldozer 80 HP or less, Front End Loader 1.25 CY or less, Self Propelled Roller (except Hot Mix), Sheepsfoot/50 Ton Pneumatic Roller, Pneumatic Tired Tractor or Crawler (includes Water Wagon and Power Spray units), Wagon Drill, Air Trac, Truck Type Auger and Concrete Paving Saw.

GROUP 3 - Asphalt Distributor, Bulldozer over 80 HP, Concrete Paving Finishing Machine, Backhoes/Excavators 20 Tons or less, Crusher (may include internal screening plant), Front End Loader over 1.25 CY, Rough Motor Grader, Self Propelled Hot Mix Roller, Push Tractor, Euclid or Dumpster and Material Spreader.

GROUP 4 - Asphalt Paving Machine Screed, Asphalt Paving Machine, Cranes/Derricks/Draglines/Pile Drivers and Shovels 30 to 50 tons, Backhoes/Excavators 21 to 40 tons, Maintenance Mechanic and Scrapers.

GROUP 5 - Asphalt Plant, Concrete Batch Plant, Backhoes/Excavators over 40 tons, Cranes/Derricks/Draglines/Pile Drivers and Shovels over 50 tons, Heavy Duty Mechanic, Finish Motor Grader, Automatic Fine Grader, Milling Machine and Certified Welder.

Truck drivers:

GROUP 1

Lincoln, Minnehaha, Pennington.................$ 14.75

Remaining Counties.........$ 14.57

GROUP 2

Lincoln, Minnehaha, Pennington.................$ 17.22

Remaining Counties.........$ 17.15

TRUCK DRIVER CLASSIFICATIONS:

GROUP 1 - Tandem Truck without trailer or pup and Single Axle over 26,000 GVW with Trailer.

GROUP 2 - Semi Tractor and Trailer and Tandem Truck with Pup.

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 (29 CFR 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.

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 requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor

VETS-100 Reporting

4200 Forbes Blvd., Suite 202

Lanham, MD 20703

Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu

Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

FORMCHECKBOX

(i) Paragraph (d) applies.

FORMCHECKBOX

(ii) Paragraph (d) does not apply and the offeror has…