solicitation.pdf

Dolores Fence Construction PAGE 1 of 34 AG-82X9-S-10-0043

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING

AG-82X9-S-10-0043 3/18/2010 380122 UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date) Rocky Mountain Acquisition Service Team 15 Burnett Court Durango, CO 81301

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Joe Milburn 970 385-1245 a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

May 12, 2010 submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f) Dolores Fence Construction

Estimated Start Work Date – 6/1/2010

Contract Time - 30 calendar days after the effective date of the Notice to Proceed.

Show Me Trip – April 28, 2010, 10:00 AM, meet at the Dolores Public Lands Office, 29211 Highway 184, Dolores, CO

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT � NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e.

STATE

f. ZIP

CODE

c. TITLE (Type or Print) NUMBER

Dolores Fence Construction PAGE 2 of 34 AG-82X9-S-10-0043

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS – Dolores Fence Construction

ITEM

NO.

DESCRIPTION

MOM

UNIT OF

ISSUE

EST.

QTY.

UNIT

PRICE

TOTAL

AMOUNT

1a.

Fence Construction

AQ

Feet

1b.

Double H Brace

Each

1c.

Corner Brace

1d.

Wire Gate

1e.

Drainage Crossing

Total Price $______________________

Quantities shown above are estimates only, and are to be used by all contractors for bidding purposes.

The successful contractor will be paid for the actual number of feet of fence constructed, and the actual number of the features listed in Items 1b – 1e.

Contractor can not be paid more than the Total Price listed above unless a modification to the contract is agreed to in advance of extra work taking place.

Dolores Fence Construction PAGE 3 of 34 AG-82X9-S-10-0043

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Price Range

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

SPECIAL PROJECT SPECIFICATIONS

FOUR-WIRE STEEL POST FENCE CONSTRUCTION

EXECUTION

The fence shall be constructed in as straight a line as possible following the flagged location. Live, sound trees shall be used as much as possible for fence line and end ties, if they meet the minimum diameter at breast height (DBH) requirments (10” minimum DBH for brace trees, 6” for line trees), spacing and species requirements. Deviations from the flagged route, other than minor adjustments to allow tying to trees or better placement of structures, will only be allowed with the approval of the COR.

Driving along the cleared fence route, between points where exisiting roads intersect the fence route is authorized. No vehicles may drive off of the fenceline route or off of existing roads. Wood materials used in fence shall be placed large end down.

Structures

1. Spacing of Structures

Double H braces (consisting of 3 Vertical and 2 Horizontal treated wood posts) shall be constructed at all corners, fence ends, both sides of gate openings, changes in fence direction (angles), abrupt changes in slope or other stress points, and a maximum of every 1,320 feet along the line. All brace posts shall be buried at least 36” deep, with the backfill soil compacted around the buried posts in lifts of no more than 6”. Steel Line Posts (minimum weight 1.33 pounds/foot) shall be placed every 20 feet between braces, every fifth line post shall be a treated wood post. Steel line posts to be driven at least 18” deep and the brace plates left intact. Treated wood line posts shall be buried at least 24” deep, with the backfill soil compacted in lifts of no more thaan 6”.

Gate braces shall be placed as flagged, which will be at at all road crossings. Gates along the fence will be a minimum of 16 feet wide and not over 17 feet wide.

Water Gaps shall be built at all stream crossings.

Dead End Tie-Offs will be used at each side of a major depression and a span constructed across the depression with additional wires and weights as needed.

General Information on the Placement of braces, steel posts and Other Structures: All braces and steel posts shall be placed on the same side of the fence, except when needed on the opposite side to cause the wire to pull against the brace post rather than away from it. The fence shall normally be

Dolores Fence Construction PAGE 4 of 34 AG-82X9-S-10-0043 built with the wires on the side receiving the heaviest livestock pressure, which in this instance will call for the wire on the west side of the fence posts.

2. Structure Construction

Structures shall be constructed in accordance with attached diagrams. Corner or gate jacks may not be substituted for brace panel assemblies.

3. Wire

a. No. 9 barbless spring steel wire shall be used for the top and bottom wires. Premium no.

12 ½ gauge galvanized barbed wire shall be used for the two middle wires.

b. The spacing of wires shall be:

Bottom wire - 14 inches above ground level Lower middle wire - 8 inches above bottom wire Upper middle wire - 8 inches above lower mid wire Top wire - 12 inches above upper mid wire

Total Height above ground surface- 42 inches

c. Wires shall be secured to all treated wood posts, gate end posts, treated wood nailers on approved brace trees, etc., with 1 1/2 inch or two inch galvanized staples. Staples shall be angle about 45° from plumb to prevent wood material from splitting along the grain.

Wire shall be dead-ended at all corner or gate braces by two wraps around the brace post/tree/gate end and then secured back to the tight wire with six complete wraps on itself. Where strands of fence wire is tied off, staples shall be driven snug to the wire but not so far in that the wire is nicked, bent, distorted or otherwise damged. On line posts leave 1/16” to 1/8” space between the wire and the staple, allowing the wire to run through the staple.

d. All stays shall be placed in the fence so that they are at 90° to the strands of fence wire.

4. Splicing

e. Splices in the wire shall be made by wrapping the ends of the wire back around the line wire six times, thereby forming an eye at the end of the wire; the other wire end is then placed through the eye and wrapped back around itself at least six times. All wraps shall lie directly adjacent to each other, thus forming neat, tight wraps.

5. Cattleguard Sites

a. There are a no new cattleguard sites on this project.

6. Gate Installation

a. All gates shall be built as shown on the attached drawings, at the locations flagged on the ground and designated by the COR. Gates shall contain four wires, with treated wood 2x2 square or 2” diameter round treated wood or juniper stays securely wired to the gate wires. Gates shall be built at all road crossings.

b. Brace panels shall be constructed on each side of all gates, unless 8” DBH or larger tree(s) are available and approved for use by the COR.

c. Stay Size – minimum 2” diameter round or 2" X 2" square; maximum 3” diameter round or 3" X 3" square.

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d. Five evenly spaced wood stays shall be installed, with galvanized tie wire tightly binding all strands of gate fence wire to all the stays.

e. Wire Gate End Pieces - 3 to 4 inch round material treated wood or juniper. Barbed and barbless fence wire 2 wraps around end piece and tied back by 6 complete wraps on self.

Wire stapled to wood.

f. Wire Loops - On hinge end of gate, double wrap barbless No. 9 wire around post or other approved brace structure (with COR approval, brace structure may be a tree over 10” DBH, etc.). Staple loop on each side of brace/holding structure. Place one wire loop above bottom wire and one loop below top wire. At opening end of gate make double wrap loops at bottom and top. Staple both loops on this end of the gate to the brace post or other structure but not to gate end piece.

g. Gate Tighteners - Use 1/4 inch chain with 3 foot long flattened peeled pole 2 1/2 inch to 3 inch diameter. Fasten with No. 9 wire around anchoring structure and staple. This lever shall bring the gate snuggly tight, allowing the wire loop to be dropped over the end stay.

Also use No. 9 wire and staple to fasten chain to tightener.

7. Use of Trees in Fence Lines

b. Deviation will be permitted to provide for the use of tree ties in place of H brace panel assemblies and line posts. However, these tree ties shall meet or exceed the spacing and placement requirements indicated for brace and line posts.

c. When live trees are within two feet along either side of the stretch line, they may be substituted for H brace panel assemblies. All brace panels must be built, or substitute brace trees approved by the COR and identified, before one strand of wire is stretched and line post locations approved and line posts subsequently installed. Fence runs between H brace panel assemblies and/or approved brace trees must be straight lines.

d. Trees must be sound, live and at least 10 inches in DBH if they are to be used as braces.

They must be at least 6 inches in DBH if they are to be substituted for line posts. They must not be large, over-mature trees or defective tress which appear likely to die within 15 years. Trees selected must be so located that the wire will either pull against or brush against the tree (nailer included). Where this is not possible the tree will not be used.

e. In all cases, wire will be separated from tree bark by treated wood 2x4 or 2x6 nailers.

f. When a sound live tree is used, a wood nailer, not less than three inches wide, 1 1/2 inches thick, and 4 feet long shall be spiked to the tree with at least 3 spikes. If used as a corner jack, sufficient nailers shall be used to prevent the wire from touching the bark of the tree, as the wire wraps around the tree.

g. The inner bark shall not be injured when the outer bark is flattened. In no case shall the bark be completely removed causing the tree to bleed. Thick outer bark will be removed to provide a good nailing surface. Where needed, nailers shall be cut to fit the contour of the trees.

8. Miscellaneous

a. Rock tie downs are permissible. They will be made out of barbed wire or No. 9 wire and placed around the weight in two or more directions to form a cradle. Tie downs will not be substituted for other structures.

b. One wrap of No. 9 wire shall be twisted tightly around each nailed joint in line jacks, gate jacks, and figure fours. Broken, cut or nicked (e.g., the wire is cut more than 1/4 through) wires shall be replaced.

Dolores Fence Construction PAGE 6 of 34 AG-82X9-S-10-0043

c. Staples shall be driven at a slant to the grain of the wood to prevent the wood from splitting. Wires will be secured to all wood stays with 1 1/2 inch or 2 inch galvanized staples. Staples shall be driven just to the wire. Galvanizing on the line wire shall not be nicked or broken. No staple will be driven into a bark surface.

d. All wires shall be tightened with wire stretchers. Wire shall have the slack removed but not all of the stretch shall be taken out of the wire.

9. Clearing

a. The Contractor shall clear a right-of-way 6-8 feet wide and 10 feet high along each side of the fence centerline. All shrubs and trees with stems or trunks 8 inches DBH and smaller shall be cut or mowed off to a height of 3” or less above the surrounding surface.

Cut material shall be cut flat across, and then removed from the cleared fence route and scattered. Clearing shall be 6 feet around the base of other support structures. The maximum DBH of live trees to be cut during clearing shall be 8 inches. Heavy equipment may be used to mow or clear the route, but the fence right-of-way may not be bladed to mineral soil, except in limited and specific locations approved by the COR.

b. All logs, trees, limbs, slash, brush, and other materials shall be removed from the right-of-way and scattered beyond the clearing area unless the density of the slash requires piling. This will be at the COR's option. Slash shall be kept at least 20 feet away from all live streams, intermittent drainages, and game or other trails.

Location and building of hand piles, if piling is directed by the COR.

i. Compaction of the piles shall be done by aligning the material as much as possible and placing heavier material on top. Pile parallel to the ground slope.

ii. Piles shall not be made on stumps or down logs that will hold fire or cause fire to spread. No piles shall be made under tree crowns.

iii. No pile will be less than 4 feet high and 6 feet in diameter, or larger than 8 feet high and 12 feet in diameter.

iv. No piles are to be made in roads, drainage ways, meadows, or within riparian areas without prior approval of the COR. Piles not meeting specifications will be re-piled.

v. Brush along secondary roads will be trimmed beyond the width of truck side mirrors and removed from the road.

vi. Pruned trees shall have branches cut flush to the trunk to minimize bleeding.

vii. Off of the fence right-of-way, all clearing shall be by hand tools or chainsaws.

No clearing by motorized equipment is permitted unless authorized by the COR.

Dolores Fence Construction PAGE 7 of 34 AG-82X9-S-10-0043

SECTION D--PACKAGING AND MARKING

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

Dolores Fence Construction PAGE 8 of 34 AG-82X9-S-10-0043

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 after the effective date of the Notice to Proceed_ . The time stated for completion shall include final cleanup of the premises.

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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 __30____ days after the date of contract award. The conference will be held at a location agreed to by the successful contractor and the Contracting Officer.

Invoice procedures

Contractor shall submit invoices to request payment. Invoices shall be submitted to the COR and include the following information:

Contractor name and address Contract Number

Project Name Invoice Number Invoice Date Invoice format shall match the Schedule of Item format Invoice Amount

Since invoices may possibly be faxed and/or scanned, please use at least a 12 point font size.

Dolores Fence Construction PAGE 11 of 34 AG-82X9-S-10-

SECTION H--SPECIAL CONTRACT REQUIREMENTS

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

Dolores Fence Construction PAGE 12 of 34 AG-82X9-S-10-

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) 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) 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) 52.223-5 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) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $30,000) 52.228-11 Pledges of Assets (FEB 1992) (Applicable if contract exceeds $30,000)

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

(APR 1984)

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

Alternate I (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-16 Quantity Surveys (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 II (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 (MAR 2009) 52.245-1 Property Records (JUN 2007) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (APR 1984) 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—

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

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

Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

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

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(g)

(1)

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

(A) Change the name in the CCR database;

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

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

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

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

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

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);

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(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.

Dolores Fence Construction PAGE 18 of 34 AG-82X9-S-10-

(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.

Dolores Fence Construction PAGE 19 of 34 AG-82X9-S-10-

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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

Dolores Fence Construction PAGE 20 of 34 AG-82X9-S-10-

____ Payment Bond____________________________________________ ___Irrevocable Letter of Credit__________________________________

(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 _15__ 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

Dolores Fence Construction PAGE 21 of 34 AG-82X9-S-10-

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

SECTION J--LIST OF ATTACHMENTS

Drawings 2 pages

Fire Plan 6 pages

Wage Rates 6 pages

Dolores Fence Construction PAGE 22 of 34 AG-82X9-S-10-

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

AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): all --NAICS Code 238990 --Size Standard $14.0 million in average annual receipts for the 3 preceding fiscal years

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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is _____238990_______.

(2) The small business size standard is ____$14.0_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.

Dolores Fence Construction PAGE 23 of 34 AG-82X9-S-10-

(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:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

Dolores Fence Construction PAGE 24 of 34 AG-82X9-S-10-

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

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(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

---X---(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

--X----(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing

Dolores Fence Construction PAGE 26 of 34 AG-82X9-S-10-the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph

(c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program (Oct 2000)

(a) Definition. “Emerging small business” as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the North American Industry Classification System (NAICS) code assigned to a contracting opportunity.

(b) [Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror o is, o is not an emerging small business.

(c) [Complete only if the Offeror is a small business or an emerging small business, indicating its size range.] Offeror’s number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror’s average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.]

NO. OF EMPLOYEES AVG. ANNUAL GROSS REVENUES

____ 50 or fewer ____ $1 million or less

____ 51–100 ____ $1,000,001–$2 million

____ 101–250 ____ $2,000,001–$3.5 million

____ 251–500 ____ $3,500,001–$5 million

____ 501–750 ____ $5,000,001–$10 million

____ 751–1,000 ____ $10,000,001–$17 million

____ Over 1,000 ____ Over $17 million

Dolores Fence Construction PAGE 27 of 34 AG-82X9-S-10-

52.219-21 Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (May 1999)

Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.]

Offeror’s number of employees for the past 12 months [check this column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror’s average annual gross revenue for the last 3 fiscal years [check this column if size standard stated in solicitation is expressed in terms of annual receipts]. [Check one of the following.]

NO. OF EMPLOYEES AVG. ANNUAL GROSS REVENUES

____ 50 or fewer ____ $1 million or less

____ 51–100 ____ $1,000,001–$2 million

____ 101–250 ____ $2,000,001–$3.5 million

____ 251–500 ____ $3,500,001–$5 million

____ 501–750 ____ $5,000,001–$10 million

____ 751–1,000 ____ $10,000,001–$17 million

____ Over 1,000 ____ Over $17 million

FAR 52.219-28…