AG-87BJ-S-12-0024.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715

EAST SIDE ACQUISTION TEAM (ESAT)

GALLATIN NATIONAL FOREST

ATTN: A FITZPATRICK

PO BOX 130, BOZEMAN, MT 59771

ALANE FITZPATRICK 406-587-6920

109/07/2012

AG-87BJ-S-12-0024

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

Road Slump Repair #873

Part I-The Schedule

1. Section A: SF-1442

2. Section B: The Schedule-Supplies or Services & Prices/Costs

3. Section C: Description/Specifications/Work Statement

4. Section E: Inspection & Acceptance

5. Section F: Deliveries or Performance

6. Section G: Contract Administration Data

7. Section H: Special Contract Requirements

Part II: Contract Clauses

8. Section I: Contract Clauses

Part III: List of Documents, Exhibits & Other Attachments

9. Section J: List of Attachments

Part IV: Representations & Instructions

10. Section K: Representations, Certifications & Other Statements to Offerors

11. Section L: Instructions, Conditions & Notices to Offerors

12. Section M: Evaluation Factors for Award

DUNS:

TIN:

Continued ...

11. The Contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

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

Section F

09/14/2012

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

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

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

BY

2PAGE OF

GALLATIN NATIONAL FOREST

10 EAST BABCOCK AVENUE

BOZEMAN MT 59715

ALANE FITZPATRICK

28. NEGOTIATED AGREEMENT 29. AWARD

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

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 32

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-87BJ-S-12-0024

Dakota Prairie Grasslands: Road Slump Repair #873

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG‐87BJ‐S‐12‐0024

DAKOTA PRAIRIE GRASSLANDS

Road Slump Repair #873

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B1. SCHEDULE OF ITEMS: Road Slump Repair #873; McKenzie County, North Dakota; McKenzie Ranger District, Dakota Prairie Grasslands.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

Site 1 – DSR‐1.6

151 Mobilization LSQ LS 1 $ $

204 Excavation and Embankment CQ CY 9330 $ $

301 Aggregate CQ CY 265 $ $

TOTAL PRICE ‐ Site 1 – DSR‐1.6 $

Special Notes:

1. The bidder must bid on all items. Round to the nearest cent.

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

3. Offers for Quantities less than those listed in the numbered items may be rejected.

4. Payment for bond premiums in accordance with FAR 52.232‐5, Payments under Fixed‐Price Construction

Contracts, shall not be in addition to the contract price but can be included under Mobilization.

5. Payment will be made on actual work performed as described in FP‐03 109.01 unless otherwise noted.

Price quotation furnished by (provide complete business name and address):

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

E‐Mail: ________________________________

DUNS: _____________________________________

TIN: ________________________________

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

LSQ ‐‐‐‐‐ Lump Sum Quantity LS ‐‐‐‐‐‐‐ Lump Sum

CQ ‐‐‐‐‐‐‐ Contract Quantity CY ‐‐‐‐‐‐‐ Cubic Yard

AQ ‐‐‐‐‐‐ Actual Quantity LF ‐‐‐‐‐‐‐ Lineal Foot

Road Slump Repair #873

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1. PROJECT DESCRIPTION AND LOCATION

(a) Scope of Contract/Description of Work: This project consists of roadway excavation, embankment construction, re‐establishment of road template including inslopes, slump repair, salvaging of aggregate, placement of salvaged aggregate, furnishing and placement of new aggregate. All work shall be accomplished as described in the Plans, Drawings, Specifications, Special Project Provisions and Construction Notes for this project.

(b) Project Location and Directions: The project site is located approximately seventeen (17) miles east and nineteen (19) miles north of Watford City, North Dakota in Section 9, Township 153 North, Range 95 West, 5th P.M., McKenzie County, North Dakota.

(c) Equipment: All tools and equipment shall be furnished by the contractor.

(d) Subcontractors: All subcontractors must be identified by the time of the pre‐work meeting at the latest, and must be approved prior to the issuance of the Notice to Proceed. Contractors shall submit a completed SF‐1413 form to the Contracting Officer for each subcontractor. (An SF‐1413 form is attached in Section J.)

(e) Price Range: $25,000 to $150,000.

(f) Pre‐bid Tour: No pre‐bid tour will be conducted. Interested parties may contact Justin Krieg at the

Medora Ranger District Office, Dickinson, ND at 701‐227‐7837 for information. A Firm‐Fixed Price contract is expected to result from this solicitation.

Interested parties shall take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government.

(g) Pre‐bid Conference: None

(h) Start Work Date: It is anticipated that work can begin in October, 2012. The start work date shall be coordinated at the time of award.

(i) Period of Performance: All work shall be completed, including final inspection and Government acceptance, no later than 1 July 2013.

C2. SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications are a part of this solicitation and any resulting contract, and are located in Section J as a separate attachment:

Section Number Description SPS 101 Terms, Format, and Definitions 3/12 DPG SPS 102‐108 General Requirements 3/12 DPG SPS 109 Measurement and Payment 3/12 DPG SPS 155 Schedules for Construction Contracts 3/12 DPG

Road Slump Repair #873

SPS 156 Public Traffic 7/12 DPG SPS 204 Excavation and Embankment 3/11 DPG SPS 209 Structure Excavation and Backfill for Minor Structures 6/12 DPG SPS 301 Untreated Aggregate 7/12 DPG

C3. 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 current version of the FP‐03 is out of print and Federal Highways does not plan on printing more. 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 following Standard Specifications are applicable to this contract.

Section Number Description Date 101 Terms, Format, and Definitions 2003 103‐107 General Items 2003 109 Measurement and Payment 2003 151 Mobilization 2003 153 Contractor Quality Control 2003 204 Excavation 2003

Note: Any additional specifications referenced in the above standard specifications are also applicable to this contract.

C4. DRAWINGS

The following drawings are a part of this solicitation and any resultant contract, and are located in Section J as a separate attachment:

STANDARD DRAWINGS SHEET

Title Sheet Schedule of Items, Construction Notes Site Plan Sheet

SECTION D – PACKAGING & MARKING

For this Solicitation, there are no clauses included in this Section.

SECTION E – INSPECTION & ACCEPTANCE

FAR 52.252‐2 – Clauses Incorporated by Reference (FEB 1998)

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

http://www.dm.usda.gov/procurement/policy/agar.html.

Road Slump Repair #873

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.246.12 – Inspection of Construction (APR 1996)

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.252‐2 – Clauses Incorporated by Reference (FEB 1998)

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

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

FAR 52.242‐14 – Suspension of Work (APR 1984)

FAR 52.211‐10 – Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1 July 2013. The time stated for completion shall include final cleanup of the premises.

SECTION G – CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.215‐73 – Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 7 days after the date of contract award. The conference will be held at the Medora Ranger District, 99 23rd Avenue West, Suite B; Dickinson, ND.

G1. Government Furnished Property: None.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H1. Submittals: The Contractor must submit certifications for Erionite free aggregate and certifications for gradation and quality of aggregate before it can be accepted for use on this project.

H2. Permits: The Contractor is responsible for all necessary permits, including ‘Call before you dig’ notification (telephone: 1‐800‐795‐0555) and, if allowed, an Off Highway Vehicle (OHV) Permit obtained from the Medora Ranger District.

H3. Noxious Weed Control: In order to prevent the potential spread of noxious weeds, the Contractor shall be required to furnish proof of weed‐free equipment. All dirt, plant parts, and any material that may carry noxious weed seeds into the construction area must be removed from all equipment prior to initial move‐in.

The contractor shall make equipment available for Forest Service inspection at an agreed upon location. All necessary and subsequent move‐ins shall be treated the same as the initial move‐in.

H4. Pollution and Erosion Control: During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State approved sanitary landfill.

Road Slump Repair #873

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

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

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204‐7 Central Contractor Registration (FEB 2012) 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) 52.215‐8 Order of Precedence ‐ Uniform Contract Format (OCT 1997) 52.219‐6 Notice of Total Small Business Set‐Aside (NOV 2011) 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) 52.222‐21 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) 52.223‐5 Pollution Prevention and Right‐to‐Know Information (MAY 2011) 52.223‐6 Drug‐Free Workplace (MAY 2001) 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) 52.224‐1 Privacy Act Notification (APR 1984) 52.224‐2 Privacy Act (APR 1984) 52.225‐13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227‐1 Authorization and Consent (DEC 2007) 52.227‐2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227‐4 Patent Indemnity‐‐Construction Contract (DEC 2007) 52.228‐2 Additional Bond Security (OCT 1997) 52.228‐5 Insurance – Work on a Government Installation (JAN 1997) 52.228‐11 Pledges of Assets (JAN 2012) 52.228‐14 Irrevocable Letter of Credit (DEC 1999) 52.232‐5 Payments under Fixed‐Price Construction Contracts (SEP 2002) 52.232‐18 Availability of Funds (APR 1984)

Road Slump Repair #873

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) 52.236‐21 Specifications and Drawings for Construction (FEB 1997) 52.243‐5 Changes and Changed Conditions (APR 1984) 52.245‐1 Government Property (APR 2012) 52.244‐6 Subcontracts for Commercial Items (DEC 2010) 52.246‐21 Warranty of Construction (MAR 1994) 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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232‐70 – Reimbursement for Bond Premiums – Fixed‐Price Construction Contracts (NOV 1996) 452.236‐71 – Prohibition against the Use of Lead‐Based Paint (NOV 1996) 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) 452.236‐76 – Samples and Certificates (FEB 1988)

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

Road Slump Repair #873 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—

(3) 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

(4) 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;

Road Slump Repair #873

(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

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty‐free entry certificate is issued).]

FAR 52.228‐13 Alternative Payment Protections (JUL 2000)

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

A Payment Bond; or An Irrevocable Letter of Credit (ILC); or A Certificate of Deposit.

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

Road Slump Repair #873

(c) The submission of the payment protection is required within seven 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.

(End of clause)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.209‐71 – Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants, Alternate 1 (FEB 2012)

a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112‐74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

(End of Clause)

AGAR 452.211‐72 Statement of Work/Specifications (FEB 1988)

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

(End of Clause)

AGAR 452.211‐73 Attachments to Statements of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

AGAR 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.

(End of Provision)

AGAR 452.236‐77 – Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236‐9, PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

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 fighting fire). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243‐4.

PART III – LIST OF DOCUMENTS, EXHIBITS & OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J1. Experience Questionnaire (pages 16‐17)

J2. Wage Determination – Davis Bacon; Construction Type ‐ Highway; General Decision Number ND120002 01/06/2012 ND 2 (pages 18‐23)

J3. Drawings (DSR 873) (Attached as a separate document; 3 pages)

J4. Special Project Specifications (Attached as a separate document; 9 pages)

J5. SF‐1413 Statement and Acknowledgment (Attached as a separate document; 1 page)

J.1 EXPERIENCE QUESTIONNAIRE

1. CONTRACTOR NAME, ADDRESS, & TELEPHONE NUMBER:

2. BUSINESS TYPE

COMPANY

INDIVIDUAL

CORPORATION

CO-PARTNERSHIP

NON-PROFIT ORGANIZATION

3. HOW MANY YEARS DOES YOUR BUSINESS HAVE IN THE LINE OF

WORK CONTEMPLATED BY THIS SOLICITATION?

4. HOW MANY YEARS EXPERIENCE IN CONTRACTING HAS YOUR BUSINESS HAD AS AN (a) PRIME CONTRACTOR __________ AND/OR (b) SUB-CONTRACTOR __________? IS THIS TIME

CONCURRENT? YES NO

5a. LIST BELOW SIMILAR PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST THREE

YEARS:

CONTRACT

AMOUNT

TYPE OF PROJECT DATE

COMPLETED

NAME, ADDRESS & TELEPHONE NUMBER OF

OWNER/PERSON TO CONTACT FOR INFO.

5b. LIST BELOW THE PROJECTS THAT ARE INCOMPLETE:

CONTRACT

NUMBER

DOLLAR AMT.

OF AWARD

NAME, ADDRESS & PHONE

NO. OF AGENCY INVOLVED

PERCENT

COMPLETED

DATE

COMPLETED

UNITS

AWARDED

6a. HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU? YES NO 6b. HAS WORK EVER BEEN COMPLETED BY PERFORMANCE BOND? YES NO 6c. IF “YES” TO EITHER ITEM 6a OR 6b, SPECIFY LOCATION(S) AND REASONS(S) WHY:

7. ORGANIZATION AND WORK THAT WILL BE AVAILABLE FOR THIS PROJECT:

a. (1) MINIMUM NO. OF EMPLOYEES: __________

AND

b. (2) MAXIMUM NO. OF EMPLOYEES: __________

b. ARE EMPLOYEES REGULARLY ON YOUR PAYROLL: YES NO

c. SPECIFY EQUIPMENT AVAILABLE FOR THIS CONTRACT:

d. ESTIMATE RATE OF PROGRESS BELOW (SUCH AS 2.0 ACRES/MAN/DAY:

(1) MINIMUM PROGRESS RATE: AND (2) MAXIMUM PROGRESS RATE:

8. LIST BELOW THE EXPERIENCE OF THE PRINCIPAL INDIVIDUALS OF YOUR BUSINESS:

INDIVIDUALS NAME PRESENT POSITION

YEARS

OF EXP.

MAGNITUDE AND TYPE OF WORK

9. REMARKS – SPECIFY BOX NUMBERS (also use this area to address any problems with past performance not noted in item 6):

(Attach sheets if extra space is needed.)

10. THE BIDDER SHALL INDICATE WHETHER OR NOT HE/SHE HAS EXAMINED THE AREAS FOR WHICH

THIS BID IS SUBMITTED: YES NO

IF YES, THE DATE AREA WAS EXAMINED:

CERTIFICATION: I CERTIFY THAT ALL OF

THE STATEMENTS MADE BY ME ARE

COMPLETE AND CORRECT TO THE BEST OF

MY KNOWLEDGE AND THAT ANY PERSONS

NAMED AS REFERENCES ARE AUTHORIZED

TO FURNISH THE FOREST SERVICE WITH

INFORMATION NEEDED TO VERIFY MY

CAPABILITY TO PERFORM THIS PROJECT.

11a. CERTIFYING OFFICIAL’S NAME & TITLE

11b. SIGNATURE (Sign in ink)

11c. DATE

Road Slump Repair #873

J2. WAGE DETERMINATION – Davis Bacon (www.dol.gov)

General Decision Number: ND120002 01/06/2012 ND2

Superseded General Decision Number: ND20100002 State: North Dakota Construction Type: Highway Counties: North Dakota Statewide.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 01/06/2012

ELEC0714-002 07/01/2009

ADAMS, BILLINGS, BOTTINEAU, BOWMAN, BURKE, BURLIEGH, DIVIDE,

DUNN, EMMONS, GOLDEN VALLEY, GRANT, HETTINGER, MCHENRY,

MCKENZIE, MCLEAN, MERCER, MORTON, MOUNTRIAL, OLIVER, PIERCE,

RENVILLE, ROLLETTE, SHERIDAN, SOIUX, SLOPE, STARK, WARD, &

WILLIAMS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 34.46 11.66

ELECTRICIAN.................$ 34.06 11.61

ELEC0714-003 10/01/2009

LINE CONSTRUCTION:

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Line Construction

CABLE SPLICER...............$ 31.16 29.5%+4.75

GROUNDMAN...................$ 18.70 29.5%+4.75

LINE EQUIPMENT OPERATOR.....$ 28.04 29.5%+4.75

LINEMAN.....................$ 31.16 29.5%+4.75

* ELEC1426-002 06/01/2011

BARNES, BENSON, CAVALIER, DICKEY, EDDY, FOSTER, GRAND FORKS,

GRIGGS, KIDDER, LAMOURE, LOGAN, MCINTOSH, NELSON, PEMBINA,

RAMSEY, RANSOM, RICHLAND, SARGENT, STEELE, STUTSMAN, TOWNER,

TRAILL, WALSH, & WELLS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 26.68 11.07

ELECTRICIAN.................$ 25.41 10.92

ENGI0049-001 10/01/2011

Rates Fringes

Power equipment operators:

Road Slump Repair #873

GROUP 1.....................$ 22.75 12.85

GROUP 2.....................$ 21.85 12.85

GROUP 3.....................$ 21.60 12.85

GROUP 4.....................$ 21.45 12.85

GROUP 5.....................$ 20.60 12.85

GROUP 6.....................$ 19.30 12.85

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: All Cranes 60 tons and over, Cranes doing piling, sheeting, dragline/clam work, Derrick(Guy & Stiff), Gentry Crane Operator, Helicopter Operator, Mole Operator or Tunnel Mucking Machine, Power Shovel 3-1/2 CY. and over and Traveling Tower Crane.

GROUP 2: All Cranes 21 tons and up to 59 tons, Backhoe Operator 3 CY. and over, Creter Crane, Dredge Operator 12' and Over, Equipment Dispatcher, Finish Motor Grader, Front End Loader Operator 8 CY. and over, Master Mechanic (When supervising 5 or more Mechanics), Mon-o-rail Hoist Operator, Power Shovel up to and including 3-1/2 CY. and Tugboat.

GROUP 3: Cranes 20 tons and under, Asphalt Paving Machine Operator, Asphalt Plant Operator, Automated Grade Trimmer, Backhoe Operator 1 CY. up to and including 2-1/2 CY., Boom Truck Hydraulic (8 Tons & over), Cableway Operator, Concrete Batch Plant Operator(electronic or manual), Concrete Mixer Paving Machine Operator, Concrete Paver- Bridge Decks, Concrete Pump, Concrete Spreader Operator & Belt Placer, Crushing Plant Operator, Dozer Operator, Dredge Operator or Engineer 11'' and under, Drill Rigs, Heavy Duty Rotary or Chum or Cable Drill, Front End Loader (3-1/2 CY. up to and including 7-1/2 CY.), Gravel Washing & Screening Plant Operator, Locomotive, all types, Mechanic or Welder(heavy duty), Motor Grade Operator, Pavement Breaker (Non-Hydro Hammer type, Pipeline Wrapping, Cleaning & Bending Machine Operator, Power Actuated Auger and Horizontal Boring Machine Operator 6'' and over, Refrigeration Plant Engineer, Roto Milling Machine (Surface Planer) 43'' & over, Scraper Operator, Slip Form Concrete Paving Operator, Tandem Pushed Quad 9 or similar, Tractor with Boom Attachment, Trenching Machine- 100 HP. and over.

GROUP 4: Articulated/Off Road Hauler, Asphalt Dump Person, Asphalt Paving Screed Operator, Backhoe - up to and including 1/2 CY., Console Board Operator, Distributor Operator (Bituminous), Forklift Operator, Front End Loader- 1-1/2 CY. up to and including 3 CY., Grade Person, Gravel Screening Plant Operator (not Crushing or Washing), Greaser, Lazer-Screed Operator, Longitudinal Float and Spray Operator, Motor Grade Operator-Hual Roads, Paving Breaker- Hydro Hammer Type, Pugmill Operator, Push Tractor, Roller, Steel & Rubber on Hot Mix Asphalt Paving, Rotomill Machine (Surface Planer), up to and including 42'', Sand and Chip Spreader, Self-propelled Sheepsfoot Packer with or without Blade attachment, Self-propelled Traveling Soil Stabilizer, Sheepsfoot Packer with Dozer attatchment- 100 HP and over, Shouldering Machine, Slip Form, Curb & Gutter

Road Slump Repair #873

Operator,Tamping Machine Operator, Tie Tamper and Ballast Machine, Trenching Machine Operator- 46 HP up to and including 99 HP, Truck Mechanic, Well Points, Tub Grinder.

GROUP 5: Boom Truck- A- Frame or Hydraulic 2 tons up to and including 7 tons, Broom-Self propelled, Concrete Saw (Power Operated), Front End Loader Operator, less than 1-1/2 CY., Mobile Cement Mixer, Power Actuated Auger & Horizontal Boring Machine Operator up to and including 5", Roller, on other than Hot Mix Asphalt Paving, Oilers, Vibrating Packer Operator (Pad Type) Self-propelled, Water Spraying Equipment-Self Propelled.

GROUP 6: Brakeman or Switchman, Curb Machine Operator (Manuel), Dredge or Tugboat Deckhand, Drill Truck Gravel/Testing Operator, Form Trench Digger (Power), Gunite Operator Gunall, Paint Machine Striping Operator, Pick-up Sweeper, 1CY. & over Hopper Capacity, Scissor Jack-Self Propelled Platform Lift, Straw Mulcher and Blower, Stump Chipper Operator, Tractor Pulling Compaction or Aerating Equipment, Trenching Machine Operator- up to and including

45 HP.

* SUND2002-001 09/08/2010

Rates Fringes

Electrician Cass County.................$ 14.72 3.40

CARPENTER........................$ 23.50 3.65

Cement Mason/Finisher............$ 23.50 3.65

Laborers:

GROUP 1:....................$ 16.40

GROUP 2.....................$ 16.65

GROUP 3.....................$ 16.80

GROUP 4.....................$ 17.55

LABORERS CLASSIFICATIONS

GROUP 1: General Construction Laborers: Sack Shaker (cement and mineral filler): Pipe Handler: Drill Runner Tender:

Salamander Heater and Blower Tender, Light truck, Pickup Driver, Flaggers and Pilot Car Drivers.

GROUP 2: Semi Skilled Laborer: Bulk Cement Handler: Conduit Layer, Telephone or Electrical: Form Setter (pavement): Gas Electric or pneumatic tool operator: Chipping Hammer, Grinders and Paving Brakers (tamper-drit) Concrete Vibrator Operator: Chain Saw Operator: Concrete Saw Operator:

Concrete Curing Man (not water): Bituminous worker (Shoveler, Dumper, Raker and Floated): Kettleman (bituminous or lead): Concrete Bucket Signlman: Power Buggy Operator: Brick and Mason Tender: Multiplate Pipelayer:

Culvert Pipe Layers: Concrete Finishers Tender. Carpenters Tenders.

Road Slump Repair #873

GROUP 3: Caisson Worker: Bottom Man (sanitary sewer, storm sewer water and gas liners): Concrete Mixer Operator (one bag capacity): Mortar Mixer.

GROUP 4: Pipe Layers (sanitary sewer, storm sewer, water and gas lines): Drill runner (includes Wagon Churn or Air Track) Powderman, Gunite and Sandblast, Nozzleman, Reinforcing Steel Setters/Tiers.

* TEAM0638-002 10/01/2011

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TRUCK DRIVER

Euclid over 20 yds..........$ 24.02 10.40 Single Axle Trucks..........$ 22.07 10.40 Tandem Tri Axle Semi, Low Boy and Off Road Heavy Duty End Dumps 20 yds & under.......................$ 22.50 10.40 Tandem Tri Axle Trucks......$ 22.19 10.40 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union.

Union Identifiers

An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example.

Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate.

Road Slump Repair #873

Non-Union Identifiers

Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date.

Survey wage rates will remain in effect and will not change until a new survey is conducted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

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

and 3.) should be followed.

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

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, Road Slump Repair #873 etc.) that the requestor considers relevant to the issue.

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

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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

END OF GENERAL DECISION

Road Slump Repair #873

PART IV – REPRESENTATIONS & INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS TO OFFERORS

FAR 52.204‐8 – Annual Representations and Certifications (MAR 2012)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

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

(b)

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

(2) If the clause at 52.204‐7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and 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.

Road Slump Repair #873

(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.