AG-87BJ-S-11-0013.pdf

AG-87BJ-S-11-0013

Buffalo Gap and CCC Campgrounds Picnic Tables Medora Ranger District, Dakota Prairie Grasslands

Section B - Supplies or Services and Prices/Costs Schedule of Items Section C - Description/Specifications/Statement of Work Section D - Packaging and Marking Section E - Inspection and Acceptance 52.252-2 Clauses Incorporated by Reference. (FEB 1998) Section F - Deliveries or Performance 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) 452.211-74 Period of Performance. (FEB 1988) 452.215-73 Postaward Conference. (NOV 1996) Section H - Special Contract Requirements 52.252-2 Clauses Incorporated by Reference. (FEB 1998) Section I - Contract Clauses 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.204-7 Central Contractor Registration. (APR 2008) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.225-9 Buy American Act - Construction Materials. (SEP 2010) 52.228-13 Alternative Payment Protections. (JUL 2000) 452.228-70 Alternative Forms of Security. (NOV 1996) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988) Section J - List of Documents, Exhibits, and Other Attachments Section K - Reps, Certs, & Other Statements of Offerors or Respondents 52.204-8 Annual Representations and Certifications. (MAY 2011) 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009) 52.223-1 Biobased Product Certification. (DEC 2007) 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) Section L - Instructions, Conditions, and Notices to Offerors or Respondents 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.216-1 Type of Contract. (APR 1984) 52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009) 52.237-1 Site Visit. (APR 1984) 452.237-71 Pre-Bid/Pre-Proposal Conference. (FEB 1988) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.

(FEB 1999) (Applicable if contracts exceeds $10,000) Section M - Evaluation Factors for Award

Section B - Supplies or Services and Prices/Costs Schedule of Items

MEDORA & McKENZIE RANGER DISTRICTS

DAKOTA PRAIRIE GRASSLANDS

GOLDEN VALLEY & McKENZIE COUNTIES, NORTH DAKOTA

B-1 SHEDULE OF ITEMS

ITEM 1: BUFFALO GAP CAMPGROUND PICNIC TABLES

ITEM

NO.

ITEM

DESCRIPTION

METHOD OF

MEASUREMENT

ESTIMATED

QUANTITY

PAY

UNIT

UNIT

PRICE

TOTAL

AMOUNT

151 Mobilization LSQ 1 LS $ xxxxxxxx

R972 Picnic Table, Precast Concrete Accessible, Furnished and Installed

AQ 23 EA $ $

TOTAL $

ITEM 2: CCC CAMPGROUND PICNIC TABLES

ITEM

NO.

ITEM

DESCRIPTION

METHOD OF

MEASUREMENT

ESTIMATED

QUANTITY

PAY

UNIT

UNIT

PRICE

TOTAL

AMOUNT

151 Mobilization LSQ 1 LS $ xxxxxxxx

R972 Picnic Table, Precast Concrete Accessible, Furnished and Installed

AQ 20 EA $ $

TOTAL $

TOTAL QUOTE PRICE: $ _____________

* Designated method of measurement:

LSQ – lump sum quantities AQ – actual quantities

Special Notes: In the event of an error in extending the quote prices, unit prices will govern unless otherwise determined by the Contracting Officer in accordance with applicable regulations.

Price Quotation furnished by:

Name: ____________________________________ Phone: __________________________

Address: __________________________________ Cell: ____________________________

__________________________________ Fax: ____________________________

__________________________________ E-mail: __________________________

Tax ID #:__________________________________ DUNS #: _________________________

Section C - Description/Specifications/Statement of Work

C-1 -

PROJECT DESCRIPTION AND LOCATION

(a) Description of Work.

involves in Item #1 at Buffalo Gap Campground, the furnishing, assembling and installing

The Buffalo Gap and CCC Campgrounds Picnic Tables project of 23 new, precast concrete, accessible picnic tables.

In Item #2 at CCC Campground, the furnishing, assembling and installing of 20 new, precast concrete, accessible picnic tables.

(b) Project Location. Buffalo Gap Campground is located about 6 miles west of Medora, ND on Interstate 94, exit #18, in Golden Valley County, North Dakota in Section 9, T140N R103W.

CCC Campground is located about 50 miles north of Belfield, ND or 15 miles south of Watford City, ND on US Highway 85 and 1 mile west on a county road, Forest Service Road #842, in Section 3 T147N R99W in McKenzie County, North Dakota.

(c) Price Range. $25,000.00 - $100,000.00

(d) Pre-Bid Tour. No formal site tour is planned, however, bidders are strongly encouraged to visit the sites prior to preparing and submitting their bid. Bidders desiring to visit the sites may contact Steve Volesky, Medora Ranger District office, Dickinson, N.D. telephone number (701)-227- 7855, for more information.

(e) Performance Period. It is estimated that work will begin in October 2011 with a completion date of June 1, 2012.

C-2 - SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are applicable to this contract and are physically included:

SPS 101 Terms, Format & Definitions 3/05 DPG SPS 102-108 General Requirements 3/05 DPG SPS 109 Measurement and Payment 3/05 DPG SPS R972 Picnic Tables 7/11 DPG

C-3 -

STANDARD SPECIFICATIONS

”Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03” (2003) are included in this solicitation by reference only. The requirements contained in these Specifications are hereby made a part of this solicitation and any resultant contract.The “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03”

(2003) are available electronically from the Federal Highways website:

http://www.wfl.fha.dot.gov/design/specs/fp03.htm The current version of the FP-03 is out of print and Federal Highways does not plan on printing more.

The following Standard Specifications are applicable to this contract.

101 Terms, Format and Definitions 2003 103-109 General Requirements 2003 151 Mobilization 2003

Note:

applicable to this contract.

Any additional specifications referenced in the above standard specifications are also

C-4

The following drawings are a part of this solicitation and any resulting contract:

PROJECT DRAWINGS

Sheet No.

1 TITLE SHEET, INDEX OF SHEETS

Description

2 BUFFALO GAP VICINITY MAP

3 CCC CAMPGROUND VICINITY MAP

4 BUFFALO GAP CAMPGROUND SITE MAP

5 CCC CAMPGROUND SITE MAP

http://www.wfl.fha.dot.gov/design/specs/fp03.htm�

SPECIAL PROJECT SPECIFICATION

101.03

Section 101 – Terms, Format and Definitions

Abbreviations

Available Avail Coating Coat Construction Const Government Gov’t.

Includes Culvert Excavation Inc. Cul. Exc.

Large Lg Medium Med Millimeter Mil Options Opt Placement Method P.M.

Right Rt Small Sm Steel Stl Structure Str Timber Tbr Treatment Treat Typical Typ

Section 101 – Terms, Format, and Definition

101.04 Definitions

Add the following:

”Noxious Weeds or Weeds State which may render land unfit for agriculture, forestry, livestock, wildlife or other beneficial

. Any exotic plant species established or that may be introduced in the uses and which is designated by the State’s Department of Agriculture, or by the County’s weed management district, or by other appropriate agencies having jurisdiction.

Weed Management District purpose of weed management or control. Such an identified land area may be, but is not limited

. A weed management district is any area of land identified for the to one of the following: a project or job site, a County, two or more Counties or a National Grassland.”

Section 102 – Bid, Award and Execution of Contract

Delete entire section

Section 103 – Scope of Work

Delete Subsections 103.02 – 103.05

Section 104 – Control of Work

Delete Subsections 104.03 and 104.04

Section 106 – Acceptance of Work

106.05 Statistical Evaluation of Work and Determination of Pay Factor (Value of Work)

Delete this subsection

106.07 Partial and Final Acceptance

Delete this subsection

Section 107 – Legal Relations and Responsibility to the Public

107.04 Railroad Protection

Delete this subsection

107.05 Responsibility for Damage Claims

Section 108 – Prosecution and Progress

Delete entire section

Section 109 - Measurement and Payment

109.02 Measurement Terms and Definitions

Under “(b)

Cubic yard”

“(1) Cubic Yard in place”, add the following:

(d) Aggregate Base or Surfacing, Compacted in Place. The measurement computed using measurements of material in the compacted state on the project.

109.06 Pricing of Adjustments

Delete this subsection

109.07 Eliminated Work

109.08 Progress Payments

109.09 Final Payment

Section R972 – Picnic Tables

DESCRIPTION

R972.01 This work shall consist of furnishing, assembling and installing forty (40) accessible, Work precast concrete picnic tables. Work To be completed by in June 24, 2012.

MATERIALS

R972.02 The picnic tables shall be accessible tables – precast concrete, eighty-four Requirements (84”) inches long, sixty-two (62”) inches wide, Sand Tan colored table tops and benches, Sand Tan Permastone legs, Model RT-H-84, as manufactured by Petersen Manufacturing Co. Inc. OR EQUAL as approved by the Contracting Officer’s Representative (COR) .

CONSTRUCTION

R972.03 Tables shall be of the accessible, step thru design constructed of precast Performance concrete, 8-foot long tops and benches. Tables to be installed in locations as directed by the Forest Service.

PAYMENT

R972.04 Payment will be made under:

Pay Item Pay Unit R972 Picnic Table, Precast Concrete Each Accessible – Furnished & Installed

Picnic Tables as Manufactured by: OR APPROVED EQUAL

Petersen Manufacturing Co., Inc.

P.O. Box 664.

Denison, Iowa 51442

(800) 832-7383

FAX (712) 263-5090

www.petersenmfg.com

Petersen Manufacturing Co. Inc is under a GSA contract http://www.petersenmfg.com/�

Section D - Packaging and Marking

{For this solicitation there are NO clauses this section}

Section E - Inspection and Acceptance

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):

https://www.acquisition.gov/far/

52.246-1 Contractor Inspection Requirements. (APR 1984)

52.246-12 Inspection of Construction. (APR 1996)

Section F - Deliveries or Performance

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

https://www.acquisition.gov/far/

52.242-14 Suspension of Work. (APR 1984)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984)

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by October 17, 2011. The completion date will be extended by the number of calendar dates 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.

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from October 17, 2011 through June 1, 2012.

Section G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held at a place https://www.acquisition.gov/far/� and time to be determined after the date of contract award.

Section H - Special Contract Requirements

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):

https://www.acquisition.gov/far/

H-1 452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H-2 Camping

(a) Prior to camping on National Forest Lands, the Contractor shall obtain authorization from the

COR.

(b) Camping is interpreted to include a campsite or trailer parking area of any contractor or subcontractor employee working on the project.

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

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

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

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

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

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

H-4 Food Storage Order

(a) Within bear country a special order on food storage and camping has been issued. It states that all food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick. They must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

H-5 Noxious Weeds/Equipment Cleaning

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to one of the following: a project or job site, a County, two or more Counties, or a National Forest.

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off-road as well as on-road use, whether they owned, leased, or borrowed by the contractor or any subcontractor.

Cleaning shall consist of the removal all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off the project site.

Equipment, materials, and vehicles shall be visually inspected by the COR, or other designated Forest Service official, and certified in writing by the Contractor to be reasonably clean and weed free.

Inspections will take place at a location agreed to by the COR and Contractor in advance of delivery to the job site. Equipment and vehicles shall proceed directly to the job site following the inspection.

Materials, including delivery vehicles, delivered to the project site will also be inspected prior to entering the area.

The Contractor shall protect all existing vegetation from the introduction of noxious weeds, (1) at or near the work site, and (2) on adjacent property. The Contractor shall treat any introduced noxious weeds resulting from failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to treat such weeds, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Section I - Contract Clauses

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

https://www.acquisition.gov/far/

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010) 52.211-18 Variation in Estimated Quantity. (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside. (JUN 2003) 52.222-3 Convict Labor. (JUN 2003) 52.222-6 Davis-Bacon Act. (JUL 2005) 52.222-7 Withholding of Funds. (FEB 1988) 52.222-8 Payrolls and Basic Records. (JUN 2010) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (JUL 2005) 52.222-12 Contract Termination - Debarment. (FEB 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (FEB 1988) 52.222-20 Walsh-Healey Public Contracts Act. (OCT 2010) 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 52.222-26 Equal Opportunity. (MAR 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999) 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (DEC 2007) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-11 Pledges of Assets. (SEP 2009) 52.228-14 Irrevocable Letter of Credit. (DEC 1999) 52.232-1 Payments. (APR 1984) 52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-27 Prompt Payment For Construction Contracts. (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 52.233-1 Disputes. (JUL 2002) 52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor.

(APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996)

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 1-888-227-2423, or 269-961- 5757.

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

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

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

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:

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 or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Item 1:

Price (Dollars)*

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

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

Include other applicable supporting information.

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

52.228-13 Alternative Payment Protections. (JUL 2000)

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

*Payment Bond *Irrevocable Letter of Credit *Certified or Cashier's Checks, Bank Drafts, Money Orders or Currency

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

(c) The submission of the payment protection is required within 10 days days of contract award.

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

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

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

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

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: USDA, Forest Service

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

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefore not included in the contract price.

452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $0. No equipment will be furnished without operator. except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

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

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 48 hours. hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified.

The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

Section J - List of Documents, Exhibits, and Other Attachments

Attachment 1: Davis Bacon Wage Determination – General Decision: ND100015 05/20/2011 ND15

Attachment 2: Experience Questionnaire

Attachment 3: Project Drawings (five pages) – The attached drawings are a part of this solicitation and any resulting contract.

Section K - Reps, Certs, & Other Statements of Offerors or Respondents

52.204-8 Annual Representations and Certifications. (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990 – All Other Specialty Trade Contractors.

(2) The small business size standard is $14.0 Million (receipts in a three-year period).

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

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

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

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations.

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

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

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

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

(Contracting Officer check as appropriate.)

[ ](i) 52.219-22, Small Disadvantaged Business Status.

[ ](A) Basic.

[ ](B) Alternate I.

[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

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

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

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

[ ](vi) 52.227-6, Royalty Information.

[ ](A) Basic.

[ ](B) Alternate I.

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

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

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009)

(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. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts -

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/ services/contractingopportunities/ sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph…