AG 8371 S 12 0006.docx

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-8371-S-12-0006

2. TYPE OF SOLICITATION

SEALED BID (IFB) NEGOTIATED (RFP)

3. DATE ISSUED

June 19, 2012

PAGE OF PAGES

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

7. ISSUED BY CODE

8. ADDRESS OFFER TO

USDA Forest Service, Southwestern Regional Office - AQM Attn: Rufus Cole 333 Broadway Blvd. S.E.

Albuquerque, NM 87102

USDA Forest Service, Southwestern Regional Office - AQM 333 Broadway Blvd. S.E.

Albuquerque, NM 87102

Rufus KI Cole B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) Rcole01@fs.fed.us

SOLICITATION

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

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

Multiple-Award Maintenance and/or Reconstruction of Forest Service Roads Within the Boundaries and Jurisdiction of the Cibola, Carson, and Santa Fe National Forests in Northern and Central New Mexico.

Please list the following information:

DUNS #

E-Mail Address:

This is a HUBZONE set aside. Only certified HUBZONE small business will be considered.

11. The Contractor shall begin performance within calendar days after issuance of the Notice to proceed and complete the work not later than calendar days after issuance of the Notice to Proceed. This performance period is mandatory, negotiable. Performance period will be specified on each Task Order.

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

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

YES (Only for Construction Task Orders) NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12B. CALENDAR DAYS

A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:30 local time July 19, 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required, for this master IDIQ Contract, but will be required in the amount of 20% of the offered total price of each Task Order issued for construction.

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

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

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

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

(Type or print)

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

26. ADMINISTERED BY CODE

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Rufus KI Cole

BY

31C. AWARD DATE

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

SCHEDULE OF ITEMS

NOTHERN NEW MEXICO ROAD MAINTENANCE AND CONSTRUCTION IDIQ CONTRACT

Carson, Cibola and Santa Fe National Forests

ITEM

NO.

DESCRIPTION

PAY

UNIT

UNIT PRICE CARSON N.F.

UNIT PRICE CIBOLA

N.F.

UNIT PRICE SANTA FE N.F.

Gates

Single Lane

Double Lane

Cattle Guards

Single Lane

Double Lane

Optional Bid Items – To be used for additional work such as obliteration and restoration associated with decommissioning of existing infrastructure, trenching, general earthwork, sign installation, and emergency work.

w/operator

HR

HR

HR

HR

HR

HR

HR

HR

HR

Percent Change for Optional Years

NOTE: Percentage will be applied against all items in schedule B for evaluation. Percentage can be positive or negative. Indicate negative percentage with a minus (-) sign.

Fiscal Year 2013 Oct 1, 2012 – Sept 30, 2013

Fiscal Year 2014 Oct 1, 2013 – Sept 30, 2014

Fiscal Year 2015 Oct 1, 2014 – Sept 30, 2015

B.1 AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $3,000.00 on each Task Order Issued, but not in excess of $1,000,000.00 on each Task Order Issued.

Note 1: Contractors may submit pricing for any or all of the three listed national forests in the Schedule of Items.

Note 2: Be sure to submit technical proposal information as required. Failure to submit the required information may cause the offer to be rejected and not considered for award.

Note 3: Period of performance will be from date of award through end of the first fiscal year 2012 with option years for fiscal years 2013, 2014, and 2015.

B.1 CONTRACT TYPE

This contract is for the maintenance and road reconstruction of Forest Development Roads within the boundaries and jurisdiction of the Cibola, Carson, and Santa Fe National Forests.

It is anticipated that three (3) to five (5) contractors will be awarded contracts that will allow them to compete for individual task orders.

B.2 COVERAGE AREA

This contract will cover the three northern national forests in New Mexico – Cibola, Carson and Santa Fe National Forests.

B.3 PERSONNEL AUTHORIZED TO PLACE ORDERS AGAINST THIS CONTRACT

The following Forest Service personnel are authorized to place, compete, award, and administer task orders under this contract:

Any USDA Forest Service Southwest Region warranted Contracting Officer, stationed in New Mexico within the limits of their warrant, may award and administer a task order for work covered by this contract.

B.4 Task Order Competition

A. Each time a forest has a requirement for road maintenance and or road reconstruction consistent with the above-stated General Scope; it will send the unique project information (Statement of Work) to all Contractors awarded a contract for work that occurs within the physical boundaries of that forest. The Contractor shall submit a price proposal for the projects. If the Contractor decides not to offer a price the preferred notification is for a "No Offer" to be submitted however, a lack of timely response will be construed as a “No Offer” as well. Contractors may transmit their pricing by electronic facsimile or e-mail. Generally, a time frame of five (5) to fifteen (15) business days will be given for Offerors to respond.

B. Award of task orders will be based upon availability and price.

C. Task order requests for prices will include the appropriate wage decision and any specialized requirements or clauses needed for work deemed within the scope of this contract. The Contractor shall perform the work within the time period agreed to in the task order.

D. All price proposals submitted on projects that will be competed through task orders issued under the resulting contract must be in accordance with the terms and conditions of the basic contract.

SOL NO: AG-8371-S-12-0006

Northern New Mexico Road Maintenance

PART I — THE SHEDULE

SECTION C--DESCRIPTION/SPECIFICATIONS

Northern and Central New Mexico Road Maintenance & Construction IDIQ

C.1 PROJECT DESCRIPTION

This solicitation is for a central & northern New Mexico road maintenance and construction contract. The Government anticipates awarding from three (3) to five (5) multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts under this solicitation.

Work shall include maintenance and construction projects associated with Forest Service roads. Additional work may include; obliteration and restoration associated with decommissioning of existing infrastructure, trenching, general earthwork, installation of traffic control devices and/or emergency repairs. Contractor shall furnish all materials, labor, equipment and supervision necessary to perform work identified in each individual task order. Prices shall be for northern & central New Mexico, portions of Oklahoma and Texas and based on Davis-Bacon wages associated with counties within the boundaries of the Carson, Cibola and Santa Fe National Forests and Grasslands.

Each task will utilize the schedule of items. Mobilization will be bid separately by task order. Task order responses shall include:

1. Availability - Ability to meet proposed start work date, duration - work schedule and total contract time.

1. Mobilization cost for each individual task order.

1. Total Price for the task order

If Contractor’s proposal includes variation from specifications, proposed changes must be specified in proposal.

C.2 PROJECT LOCATIONS

Project locations will be identified in each task order. The resultant contract will include areas covering the Carson, Cibola and Santa Fe National Forests and Grasslands. Counties where work may be tasked include; Bernalillo, Catron, Cibola, Colfax, Harding, Lincoln, Los Alamos, McKinley, Mora, Rio Arriba, Sandoval, San Miguel, Santa Fe, Sierra, Socorro, Torrance, Union and Valencia in New Mexico, Roger Mills county in Oklahoma and Cimarron and Dallam counties in Texas.

C.3 CONTRACTING OFFICERS REPRESENTATIVE

The Contracting Officer (CO) will delegate a Contracting Officers Representative (COR) for the on-the-ground administration for each task awarded.

C.4 SITE INFORMATION AND LIMITATIONS

Forest Service will issue task orders that include a statement of work (project description & location, site information and limitations, start date, contract time and Forest Service contact). In addition, a schedule of items, Forest Service Special Project Specifications, and drawings will be included as applicable.

Additional work, not listed in schedule of items, may be identified in task orders. Items must be within scope of work identified in schedule of items and associated with Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03, U.S. Customary Units, and applicable Forest Service Special Project Specifications.

Work is not allowed outside the roadway as shown in Figure 101-1 (Illustration of road structure terms), unless specifically authorized in each individual task order or as approved by the COR.

No work that en-dangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the Contractor and approved by the COR. Construction signing for traffic control shall conform to the Manual of Uniform Traffic Control Devices (MUTCD), current edition. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C.5 WORK CAMPS, STAGING AND STORAGE AREAS

Areas for staging operations and storage of materials shall be approved by the Contracting Officer (CO). The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.

C.6 INSPECTION OF WORKSITE

The Contractor acknowledges that s/he has taken the necessary steps to ascertain the nature and location of each task, and has investigated and satisfied her/himself as to the general and local conditions which can affect the task and/or its cost. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the task, or for proceeding to successfully perform the task without additional expenses to the Government.

C 7. CONTRACTOR REPRESENTATIVE

The Contractor shall provide a contract representative for the performance of work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

C 8. INDEX OF SPECIFICATIONS

The Forest Service, US Department of Agriculture has adopted FP-03, Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, for construction of National Forest System Roads. All work associated with this road maintenance and construction solicitation shall conform to these specifications or as modified in attached Forest Service Special Project Specifications and/or Supplemental Specifications. The FP-03 is available for downloading at the following URL: http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm Sections identified in the schedule of items are listed below. There are several additional sections referenced in compensated sections. Those sections are subsidiary to or are included in payment for other pay items in this contract and no additional compensation will be made.

Forest Service Special Project Specifications (FSSS) have been developed to adapt the FP-03 to Agency requirements and are incorporated herein. The FSSS, along with a table of contents are listed in Section J.

PART I — THE SCHEDULE

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E.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): www.arnet.gov/far/

E.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.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): www.arnet.gov/far/

F.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

F.3 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 (To be specified on each Task Order) after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use within (To be specified on each Task Order) after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. The estimated start work date is (To be specified on each Task Order).

F.4 AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

F.5 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through fiscal year 2015.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) 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 the "Government Property" FAR clause contained elsewhere in the contract. Government-furnished property will be specified on each Task Order if applicable.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys. (b) Weather conditions: Will be provided on each Task Order.

(c) Transportation facilities are by county, state, and forest roads (paved and unpaved).

H.2 THREATENED OR ENDANGERED SPECIES

Location of known threatened or endangered species protected under the Threatened or Endangered Species Act (1973), will be identified for the Contractor before work commences. Upon discovery by either party (Government or Contractor) of additional threatened or endangered species, activity in the area shall cease and the find shall promptly be reported to the other party. Newly discovered or listed threatened or endangered species identified on-the-ground during project operations may result in modification of the project or rescheduling of the operations so that assessment of the threatened or endangered species’ significance can be made and provision for their protection and conservation implemented.

H.3 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

H.4 PREWORK CONFERENCE

Prior to commencement of work on each Task Order, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, the Contractor shall be required to furnish his/her tentative progress schedule in writing. The contractor's foreman is encouraged to attend this meeting.

H.5 SUBCONTRACTS

The Contractor shall request permission in writing from the Contracting Officer to subcontract any portion of the contract and furnish sufficient evidence that the subcontractor is experienced and equipped for such work. Written consent to subcontract any portion of the contract shall not be construed to relieve the Contractor of any responsibility under the contract.

H.6 LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as required by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged. Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

(c) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments, or into natural or manmade channels leading thereto. If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on/or in the vicinity of the project which are caused by the Contractors employees directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and clean-up of petroleum products spills caused by Contractors employees or resulting from construction operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.7 CONTRACTOR’S RESPONSIBILITY FOR CONTRACTOR CAUSED FIRE

The contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government resulting from fires set or caused by Contractor's employees or resulting from its operations.

H.8 SUPERVISION

The contractor shall directly superintend all work performed or assign an on-site representative who is fully competent in supervising work and who has authority to act for the Contractor. The Contractor and his representative(s) shall have both oral and written command of the English language.

H.9 WINTER SHUTDOWN

When winter weather sets in and the continuation of work is impractical, upon written request by the Contractor, the Contracting Officer may authorize a total suspension until such winter weather has passed and work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

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):

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

Activity (JAN 1997)

2010)

Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

(JUL 2005)

Method (DEC 2001) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

Vietnam Era, and other Eligible Veterans (SEP 2010)

(Multiple Year and Option Contracts) (SEP 2009)

(DEC 2007)

(OCT 2003)

Improvements (APR 1984)

2004)--Alternate I (SEP 1996)

I.3 AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452-232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

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

“Registered in the CCR database” means that—

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

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

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

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

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

(1) An offeror may obtain a DUNS number—

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

(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).

(v) Company Telephone Number. (vi) Date the company was started.

(vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry).

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

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

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

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

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding 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; and (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- 866-606-8220, or 334-206-7828.

I.5 FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.6 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $4,900,000.00; or

(3) A series of orders from the same ordering office within 5 calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.7 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

I.8 FAR 52.225-9 BUY AMERICAN ACT–CONSTRUCTION MATERIALS (SEP

2010)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and

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

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. “Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

“United States” means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

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

(B) Unit of measure; (C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

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

I.9 FAR 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable…