AG-82X9-S-15-0008.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

USDA FOREST SERVICE

ROCKY MOUNTAIN REGION ATTN AQM

740 SIMMS STREET

GOLDEN CO 80401

82X9

USDA Forest Service

Attn: Howard Redden 740 Simms Street Golden, CO 80401

HOWARD REDDEN (303)275-5288

1x 03/25/2015

AG-82X9-S-15-0008

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

Solicitation: AG-82X9-S-15-0008

Project Title: Gunnison Office Remodel - Phase II

Description: Work for this project will include (as a minimum): (1) Demolition and removal of exterior improvements including landscaping, asphalt, concrete, irrigation systems, trees, metal entry way, and miscellaneous site features. (2)

Excavation and earthmoving including trenching and backfilling for utilities. (3)

Aggregate base for foundations. (4) Concrete for foundations, flatwork and other miscellaneous concrete items. (5) Surface and sub-surface drainage systems. (6)

Electrical and grounding service. (7) Coordination with utility companies and

City of Gunnison. (8) New entrance shelter. (9) Site improvements including grading, erosion control, and aggregate surfaces. and (10) Landscaping and irrigation system connected to City of Gunnison irrigation culvert.

Project Location: Gunnison District Office, 216 N. Colorado Avenue, Gunnison, CO

81230, El Paso County.

Mandatory Pre-Proposal Conference/Site Visit: See Section L.

Continued ...

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

calendar days and complete it within ________________ ________________ calendar days after receiving

05/01/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

USDA FOREST SERVICE

ROCKY MOUNTAIN REGION ATTN AQM

740 SIMMS STREET

GOLDEN CO 80401

82X9

HOWARD D. REDDEN

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 75

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-82X9-S-15-0008

Set Aside: Full and Open Competition

IGF::OT::IGF

Gunnison Office Remodel - Phase II

FOB: Destination

Period of Performance: 05/22/2015 to 10/30/2015

001 Base Items - Gunnison Office Remodel - Phase II 1 DO

Product/Service Code: Y1HB

Product/Service Description: CONSTRUCTION OF

GOVERNMENT-OWNED GOVERNMENT-OPERATED (GOGO)

REXIT; FACILITIES

002 Optional Items - Gunnison Office Remodel - Phase 1 DO

II

(Option Line Item)

Product/Service Code: Y1HB

Product/Service Description: CONSTRUCTION OF

GOVERNMENT-OWNED GOVERNMENT-OPERATED (GOGO)

REXIT; FACILITIES

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Gunnison Office Remodel – Phase II AG-82X9-S-15-0008 Contract Solicitation Page 4 of 75

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Gunnison Office Remodel – Phase II Construction Services -- Price should be - total cost to the Government, including; salary, travel, per diem, equipment, supplies, reporting, computer use, publishing, photographs, telephone, fax, office services, and all other related expenses.

BASE ITEM

ITEM

DESCRIPTION

METHOD OF

MEASURE

UNIT OF

QUANTITY

UNIT PRICE

TOTAL PRICE

001 Gunnison Office Remodel - Phase II

DO DO 1

OPTIONAL ITEM

ITEM

DESCRIPTION

METHOD OF

UNIT OF

QUANTITY

UNIT PRICE

TOTAL PRICE

Gunnison Office Remodel - Phase II DO DO 1 $________ $_________

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SCHEDULE OF ITEMS

END OF SECTION B

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SECTION C - STATEMENT OF WORK

C.1. PURPOSE

Provide reconstruction of the USDA Forest Service, Grand Mesa, Uncompahgre and Gunnison National Forest, Gunnison Ranger Station District Office.

The USDA Forest Service has a requirement to complete Phase II Renovations of the Gunnison Ranger Station District Office, which will be to the exterior of the building. This project will include (at a minimum) demolition and removal of exterior improvements, excavation and earthmoving, aggregate base for foundations, concrete for foundations, surface and sub-surface and drainage systems, electrical and grounding services, coordination with utility companies, new entry shelter, and landscaping and irrigation systems. All contract activities will occur in compliance with all applicable laws, regulations, and USDA Forest Service policies and procedures and in close coordination with the USDA Forest Service Contracting Officer’s Technical Representatives and Inspectors.

The anticipated award resulting from this solicitation is as follows:

a. Award Phase II, Base and Optional Line Items (based on the availability of funding).

C.2. SITE DESCRIPTIONS AND LOCATIONS

This project is located on the Grand Mesa, Uncompahgre and Gunnison National Forests at the Gunnison Ranger District Office located at 216 N. Colorado Avenue, Gunnison, Colorado 81230. The site is located at approximately 7,703 feet above main seal level.

Phase II Renovations will be outdoors with a short season. The construction site experiences heavy snowfall and extremely cold temperatures, with snow on the ground typically from mid-October through May. The Contractor should expect to encounter rock, cobble, and clay during excavation and demolition operations. Blasting of rocks will not be permitted. Disposal of debris shall be in the nearest sanitary landfill.

C.3. PRE-BID MEETING

A mandatory pre-bid/pre-proposal site visit will be conducted in accordance with Section L.1.11. of this solicitation. Bidders may choose to visit the site at no cost or obligation to the Government on their own schedule. Proposal due date and deadline will not be extended to accommodate bidder-initiated site visit(s). An onsite, pre-work meeting will be held with the successful bidder during the course of contract implementation.

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C.4. AGAR 452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.1. and J.2.

(End of Clause)

C.5. 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.

END OF SECTION C

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SECTION D – PACKAGING AND MARKING

D.1. AGAR 452.247-71 MARKING DELIVERABLES (FEB 88)

(a) The contract number shall be placed adjacent to all exterior mailing or shipping labels of deliverable items call for by the contract.

(b) Mark deliverables, except reports, for:

I. Identifies the contract by number under which the item is being delivered.

II. Identifies the contract by project name (Gunnison Office Remodel

– Phase II Project).

III. Identifies the deliverable Item Number or Report Requirement which requires the delivered item(s).

IV. Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

D.2. AGAR 452.247-72 PACKAGING FOR DOMESTIC SHIPMENT (FEB 88)

(a) Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

END OF SECTION D

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SECTION E - INSPECTION AND ACCEPTANCE

E.1. 52.246-12 Inspection of Construction. (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government.

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full-size, and performance tests shall be performed as described in the contract.

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(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E.2. 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

E.3. AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: Gunnison District Office, 216 N. Colorado Avenue, Gunnison, Colorado 81230.

Contract Solicitation Page 11 of 75

Addendum to 452.246-70 – Formal acceptance or rejection of all work will be accomplished by the Contract Officer or Contracting Officer Representative upon completion of this project on a certified USDA Forest Service Form FS-6300-15 Certification of Final Inspection. After final payment has been received by the Contractor, the Contractor will certify by signing the USDAS Forest Service Form FS-6300-16 Contract Release, and provide the original to the Contracting Officer.

END OF SECTION E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1. FAR Clause 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 Contractor receives the Notice to Proceed (FS-6300-8), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 30, 2015. The time stated for completion shall include final cleanup of the premises.

Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by May 22, 2015. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

NOTE concerning FAR Clause 52.211-10:

(1) It is the Contractor’s due diligence to ensure this clause is in the contract when reviewing the Request for Quotation (RFQ) or Proposal (RFP) or Invitation for Bid (IFB), to ensure that a set start time and completion time are established in the contract.

(2) Should the clause not be written in the contract, then this note becomes effective and the Contractor shall commence work within 10 calendar days after the notice to proceed is issued, which shall not occur until the Government accepts in writing the bonds if they are required, and complete it by the delivery date listed on the SF 1442, the form used for the contract.

(3) This note is not applicable to contracts that have FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) in them.

Contract Solicitation Page 13 of 75

* The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 30 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.

F.2. FAR 52.236-1 Performance of Work by the Contractor (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

F.3. AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of Phase I of this contract is from May 22, 2015 through October 30, 2015.

F.4. FAR 52.211-12 Liquidated Damages – Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in this contract, the Contractor shall pay liquidated damages to the Government in the amount of $523.27 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.5. Reports and Plans

Unless otherwise specified, the Contractor shall electronically submit all Contract Data Requirements List Items (CDRL)(contract plans, reports, etc.)

in the specified format using Microsoft Office Excel, Word, PDF, or other specified software. If no format is specified, the Contractor may use its own format. Unless otherwise specified, all CDRL items shall be submitted to the Government via electronic submission (e-mail).

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F.5.1. The Contractor shall provide all reports, plans, and submittals that are specified in this Section. The Contractor is accountable for assuring that reports contain accurate and complete data. The Contractor shall prepare written procedures describing the source of information as well as the specific steps followed in the collection and preparation of data for each report. All reports must be supported with sufficient documentation and audit trails. The reports shall be titled as listed. The Contractor shall submit a negative report if there is no data to report. Required reports are included in the Specifications, Section 011700 & 013300.

END OF SECTION F

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1. INVOICES:

G.1.1. Contractor shall be registered, and submit invoices through IPP (Invoice Processing Platform).

G.1.2. As provided by FAR 52.232-16 Progress Payments (APR 2012) incorporated into Section I., Progress Payments will be allowed no more frequent than monthly for a total of 12 payment in a calendar year.

G.2. AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A Post Award Conference will be performed either telephonically or in person.

The time, date, and method will be mutually agreed to by the contractor and the Contracting Officer after award.

G.3. GOVERNMENT FURNISHED PROPERTY:

The Government will provide items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of FAR 52.245-1 Government Property (AUG 2010), and can be referenced in Section 016400 of the Specifications.

G.5. FOREST SERVICE REPRSENTATIVES:

G.5.1. The Procuring Contracting Officer (PCO) is responsible for the administration of this contract and is solely authorized to take action on behalf of the Government. Unless specified otherwise within this contract, the PCO is referred to as the Contracting Officer. The Contracting Officer for this contract is:

HOWARD D. REDDEN, CONTRACT SPECIALIST

PHONE: 303-275-5288

FAX: 303-275-5453

EMAIL: hredden@fs.fed.us

US Department of Agriculture

Forest Service, Rocky Mountain Region

740 Simms Street Golden, Colorado 80401

G.5.2. The Contracting Officer Representative is responsible for the on-site administration of this contract. The delegated authority and responsibilities will be defined on a delegation letter issued after contract award. The Contracting Officer Representative for this contract is:

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CHAD WELLMAN, EI

PHONE: 970-642-4474

EMAIL: cwellman@fs.fed.us

US Department of Agriculture

Grand Mesa, Uncompahgre and Gunnison National Forest

216 N. Colorado Avenue Gunnison, Colorado 81230

Chad Wellman and/or Howard Redden may designate up to four Inspectors on this contract. Delegated authority and responsibilities will be defined on a delegation letter issued after contract award. This delegation will also contain contact information.

END OF SECTION G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. Use of Premises and Utilities

(a) The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

(b) The following use of utilities will be noted in the contract:

(1) Parking

(2) Electric

(3) Water

(End of Provision)

H.2. AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Overall Project Manager:________________________________________

Estimator:______________________________________________________

Inspection and Quality Control Personnel:_______________________

Contractual Point of Contact:___________________________________

(b) During the first 180 calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 180-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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H.3. AGAR 452.228-71 Insurance Coverages (NOV 1996)

Pursuant to FAR 28.306(b) and as incorporated by reference in Section I, FAR 52.228-5, Insurance – Work on a Government Installation (JAN 1997), the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General liability. The contractor shall be required to provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile liability. The contractor shall be required to provide automobile liability insurance written on the comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

H.3. AGAR 452.236-77 Emergency Response (NOV 1996)

(a) Contractor’s Responsibility for Fire Fighting.

(1) The Contractor, under the provisions of FAR Clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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(2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

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

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

H.4. Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H.5. Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

H.6. Local Material Sources

(a) Designated Sources--Sources of local materials will be designated on the drawings. The Government assumes responsibility for the quality and quantity of material in the source. The Contractor shall determine the equipment and work required to produce the specified product.

The Contractor shall utilize all suitable material in the source. The designation of source will include the rights of the Contractor to use certain area(s) for plant site, stockpiles, and haul roads. Any Contractor royalty payment requirements will be stated below.

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When materials are subject to weight measurement, the weight/volume relationship used for determination of designed quantities will be shown on the Drawings.

Should the designated source, due to causes beyond the control of the Contractor, contain insufficient suitable material, the Government will provide another source with an equitable adjustment in accordance with the Differing Site Conditions and Changes clauses.

(b) Contractor-Furnished Sources--When the material sources are not designated as provided above or the Contractor elects not to use designated sources, the Contractor shall be responsible for providing the specified product with no adjustment in contract price, unless weight/volume relationship differences between designated source material and Contractor-furnished source material result in financial disadvantage to the Government. Quality testing shall be the responsibility of the Contractor. Test results shall be furnished to the Contracting Officer.

H.7. Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

H.8. Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

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H.9. Pre-work Conference

Pre-work Conference, or Pre-Construction Meetings, shall occur prior to the “Notice to Proceed” being issued for the contract. Prior to commencement of work, the Contractor will arrange a meeting with the Contracting Officer’s Representative or Contracting Officer to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule, and fire prevention and suppression plans shall be developed and established in writing.

H.10. Contractor Performance Information and Contractor Performance

Assessment Reporting System (CPARS) Evaluations

In accordance with (IAW) Federal Acquisition Regulation (FAR) at 48 CFR.1502 (Policy) and 42.1503 (Procedures, and Agriculture Acquisition Regulation (AGAR) 48 CFR 442.1502 the awarded Contractor shall be required to register in the civilian Contractor Performance Information and Contractor Performance Assessment Reporting System (CPARS) maintained by the Department of Defense (DoD) at: https://cpars.cpars.gov/cpars/app/home.do .

END OF SECTION H

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PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1. 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):

Regulations URLs:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.

htm, http://www.arnet.gov/far and the Agriculture Acquisition Regulation may be accessed at http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.215-16 Facilities Capital Cost of Money (JUN 2003) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-9 Small Business Subcontracting Plan (OCT 2014) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.219-16 Liquidated Damages--Subcontracting Plan (JAN 1999) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rage Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014)

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52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination--Debarment (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999) 52.222-30 Construction Wage Rate Requirements – Price Adjustment (None or Separately Specified Method) (MAY 2014) 52.222-35 Equal Opportunity for Veterans (JUL 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports Veterans (JUL 2014) 52.222-41 Service Contract Labor Standards (MAY 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (AUG 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 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) 52.225-25 Prohibition on Contracting with Entities Engaging ina Certain Activities or Transactions Relating to Iran – Representation and Certification

(DEC 2012)

52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007)

52.227-4 Patent Indemnity – Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance--Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-13 Alternative Payment Protections (JUL 2000) 52.228-15 Performance and Payment Bonds--Construction (OCT 2010) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013)

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52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-16 Progress Payments (APR 2012) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(JUL 2013)

52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-2 Service of Protest (SEP 2006) 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) 52.236-8 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation )APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-1 Changes—Fixed-Price (AUG 1987) Alternate II (APR 1984) 52.243-4 Changes (JUN 2007) 52.243-7 Notification of Changes (APR 1984) 52.244-2 Subcontracts (OCT 2010) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Items (MAR 2015) 52.245-1 Government Property (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements

(AUG 1996)

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52.246-15 Certificate of Conformance (APR 1984) 52.246-16 Responsibility for Supplies (APR 1984) 52.246-17 Warranty of Supplies of a Noncomplex Nature (JUN 2003) 52.246-18 Warranty of Supplies of a Complex Nature (MAY 2001) 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria (MAY 2001) 52.246-21 Warranty of Construction (MAR 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP 1996) 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

452.224-70 Confidentiality of Information (FEB 1988) 452-236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 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)

I.2. FAR 52.204-7 System for Award Management (JUL 2013)

(a) Definitions. As used in this clause—

“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 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 System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 into the SAM database;

(2) The offer has completed the COR, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

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(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM database.

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

(1) An offeror may obtain a DUNS number—

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

(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.

(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).

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(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 SAM 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) Offerors may obtain information on registration at http://www.acquisition.gov .

I.3. 52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUNE 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

I.4. 52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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I.5. 52.217-6 Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 120 days from end of Phase I.

Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

I.6. 52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor any time within the performance period of this contract.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.7. FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

I.8. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within any contract period, provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.9. FAR 52.219-28 Post-Award Small Business Program Representation

(JUL 2013)

(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. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.