AG-87BJ-S-13-0018.pdf

AG-87BJ-S-13-0018

DAKOTA PRAIRIE NATIONAL GRASSLANDS

Jorgen’s Hollow Campground Construction

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B - 1 SCHEDULE OF ITEMS: Jorgen’s Hollow Campground Construction; Richland County, North Dakota;

Sheyenne Ranger District

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

151 Mobilization LSQ LS 1 $ $

Excavation & Embankment

Compaction Method D

Tolerance Class E CQ CY 4,600 $ $

Aggregate Courses

Compaction Method A CQ CY 990 $ $

Culvert 18”, Corrugated

Metal Pipe (16 gauge) AQ LF 56 $ $

619(01)C

Cattleguard, Concrete

Foundation Width-24 Feet

(GFM) AQ EA 1 $

619(02)C

Cattleguard, Concrete

Foundation Width-14 Feet

(GFM) AQ EA 1

624 Placing Topsoil CQ CY 1,330

R902

Picnic Table/Fire Ring Pad, Grading & Leveling AQ EA 14

R912

Trail, 3 Ft. Wide – 4”

Aggregate AQ LF 500

R972(01)

Concrete Picnic Table

Furnished & Installed AQ EA 14

TOTAL PRICE – ALL ITEMS: $

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

LSQ ----- Lump Sum Quantity LS ------- Lump Sum

CQ------- Contract Quantity LF ------- Lineal Foot

AQ ------ Actual Quantity CY--------Cubic Yard

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E-Mail: ________________________________

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. One contract will be awarded to the responsive and responsible bidder offering the best value to the Government (see

Section M – Evaluation Factors for Award).

6. This is a Request for Quotation (RFQ); no public opening will be held. Results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned and will be retained by the U.S. Forest Service for official record purposes. This RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of a quote, or to make any award.

7. Quotes received after the stated closing date and time for submission, specified in Section L, will be deemed late and will not be considered for award. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a quote. Instructions for submitting a quote are located in Section L. Questions regarding quote submission may be directed to Lisa Rakich, Purchasing Agent, at 406-683-3968.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 - Description of Work. Jorgen’s Hollow Campground project is construction of a access road, campground loop road, parking lots, camping spurs, campsite pads, trails, installation of 2 Government Furnished (GFM) cattleguards and concrete bases, excavation and landscaping for 2 Government Furnished precast concrete toilet buildings and furnishing and installing concrete picnic tables.

Project Location. The campground project is located in Section 10, T135N, R52W in Richland County, North Dakota on the

Sheyenne Ranger District.

Price Range. $25,000 - $100,000

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

Performance Period. It is estimated that work will begin approximately September 3, 2013 with a completion date of July 18, Jorgen’s Hollow Campground Construction

2014.

Government-Furnished Property:

2 Precast Concrete toilet buildings

24’ (2-12’ grates) cattleguard and concrete bases

14’ cattleguard and concrete bases

Crushed Aggregate located in a stockpile approximately twenty-five (25) miles southwest of the campground in

Section 32, T135N, R54W

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 153 Excavation and Embankment 4/06 DPG

SPS 301 Untreated Aggregate Courses 7/13 DPG

SPS R972 Concrete Picnic Tables 7/13 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

153 Contractor Quality Control 2003

154 Contractor Sampling and Testing 2003

201 Clearing and Grubbing 2003

204 Excavation and Embankment 2003

301 Untreated Aggregate Courses 2003

602 Culverts and Drains 2003

619 Fences, Gates and Cattle Guards 2003

624 Topsoil 2003

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

Page 4 0f 26

C-4 PROJECT DRAWING

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

Drawings attached as separate document (6 pages)

Sheet No. Description

1 TITLE SHEET

2 PROJECT SITE PLAN

3 SUMMARY OF QUANTITIES/CONSTRUCTION NOTES

4 TYPICAL SECTIONS

5 AGGREGATE SOURCE LOCATION MAP

6 CATTLEGUARD, FENCE & GATE DETAILS

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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)

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.

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (APR 1996)

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): http://farsite.hill.af.mil/vffara.htm;

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

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

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 July 18, 2014. The time stated for completion shall include final cleanup of the premises.

452.215-73 Post-award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled prior to start of work. The conference will be held at a location agreed to by the parties.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H - 1 Camping:

Use of Premises/Camping. Contractors are expected to keep a clean camp at all times and to adhere to all applicable National Forest/Ranger District policies in effect. Bears frequent the project area; proper food storage is recommended but not required. Camping will be allowed in close proximity to the work. Leave No Trace (LNT) ethics shall be strictly enforced. Visit the ‘Leave No Trace’ website for more information at http://www.lnt.org/programs/principles.php. The Contracting Officer’s Representative or Inspector will inspect the Contractor’s camp as part of the final inspection.

Jorgen’s Hollow Campground Construction

PART I – THE SCHEDULE

SECTION I - CONTRACT CLAUSES

52.204-7 Central Contractor Registration (DEC 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)

52.219-6 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)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

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)

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)

Jorgen’s Hollow Campground Construction

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)

52.236-26 Preconstruction Conference (FEB 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (DEC 2010)

52.245-1 Government Property (APR 2012)

52.245-9 Use and Charges (APR 2012)

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)

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

Jorgen’s Hollow Campground Construction 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

Jorgen’s Hollow Campground Construction 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

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).

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)

(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 of contract award.

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

(e) Except for 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.

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): http://farsite.hill.af.mil/vffara.htm;

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

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)

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)

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.

452.236-77 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 52.243-5.

Jorgen’s Hollow Campground Construction

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J - 1 Experience Questionnaire

J - 2 Wage Determination – Davis Bacon; General Decision Number ND20120015 03/08/2013 ND15

J - 3 Drawings and Special Project Specifications (Attached as 2 separate documents)

Jorgen’s Hollow Campground Construction

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:

Jorgen’s Hollow Campground Construction

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):

(Vendor may attach additional pages 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

Jorgen’s Hollow Campground Construction

J - 2 WAGE DETERMINATION – Davis Bacon (www.dol.gov)

General Decision Number: ND130015 03/08/2013 ND15

Superseded General Decision Number: ND20120015

State: North Dakota

Construction Type: Heavy

Counties: Adams, Barnes, Benson, Billings, Bottineau, Bowman, Burke, Cavalier, Dickey, Divide, Dunn, Eddy, Emmons, Foster, Golden Valley, Grant, Griggs, Hettinger, Kidder, La Moure, Logan, McHenry, McIntosh, McKenzie, McLean, Mercer, Mountrail, Nelson, Oliver, Pembina, Pierce, Ramsey, Ransom, Renville, Richland, Rolette, Sargent, Sheridan, Sioux, Slope, Stark, Steele, Stutsman, Towner, Trail, Walsh, Ward, Wells and

Williams Counties in North Dakota.

HEAVY CONSTRUCTION PROJECTS (including Sewer & Water Line

Construction & Drainage Projects and Excluding Industrial and

Processing Plants and Refineries)

Modification Number Publication Date

0 01/04/2013

1 03/08/2013

ELEC0714-009 07/01/2012

ADAMS, BILLINGS, BOTTINEAU, BOWMAN, BURKE, DIVIDE, DUNN,

EMMONS, GOLDEN VALLEY, GRANT, HETTINGER, MCHENRY, MCKENZIE,

MCLEAN, MERCER, MOUNTRIAL, OLIVER, PIERCE, RENVILLE, ROLLETTE,

SHERIDAN, SOIUX, SLOPE, STARK, WARD, & WILLIAMS COUNTIES:

Rates Fringes

CABLE SPLICER....................$ 37.54 7.87+10.5%

ELECTRICIAN......................$ 37.14 7.87+10.5%

* ELEC1426-012 06/01/2012

BARNES, BENSON, CAVALIER, DICKEY, EDDY, FOSTER, GRIGGS, KIDDER,

LAMOURE, LOGAN, MCINTOSH, NELSON, PEMBINA, RAMSEY, RANSOM,

RICHLAND, SARGENT, STEELE, STUTSMAN, TOWNER, TRAILL, WALSH, &

WELLS COUNTIES:

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 27.29 11.14

ELECTRICIAN.................$ 25.99 10.99

ENGI0049-037 10/01/2012

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 24.55 13.05

GROUP 2.....................$ 23.65 13.05

GROUP 3.....................$ 23.40 13.05

GROUP 4.....................$ 23.25 13.05

GROUP 5.....................$ 22.40 13.05

POWER EQUIPMENT OPERATORS CLASSIFICATIONS:

GROUP 1: All Terrain Vehicle Cranes 80 tons and over, Hydro,Cranes, 80 Tons and over, Crane Operator with 135' boom and Over, Gantry Crane Operator, & Traveling Tower Crane.

GROUP 2: All Terrain Vehicle Cranes over 20 tons and up to 80 tons, Hydro Cranes

20 tons up to 80 tons, Creter Crane,& Crane Operator up to 135' Boom.

GROUP 3: All Terrain Vehicle Cranes thru 20 tons, Hydro Cranes thru 20 tons, Tractor with boom attachment.

GROUP 4: Push Tractor Roller

GROUP 5: Tractor pulling Compaction or Areating Equipment

SUND2000-007 05/04/2000

Rates Fringes

CARPENTER

CARPENTER (Including Form building & Concrete Forms)$ 13.98

Concrete Finisher/Cement Mason...$ 14.37 3.67

Ironworker

REINFORCING.................$ 17.03

Laborers:

Common......................$ 9.96

Pipelayers..................$ 10.48

PAINTER (Brush and Spray)........$ 18.14

Power equipment operators:

Backhoes....................$ 14.00 3.74

Bobcat......................$ 12.82 2.35

Bulldozer...................$ 14.06 4.00

Excavator...................$ 12.05

Front End Loader............$ 13.15 3.17

Mechanic....................$ 15.16 5.31

Motor Grader................$ 14.74 4.51

Scraper.....................$ 13.85 4.25

Self Propelled Packer.......$ 11.55 4.25

Sheepsfoot..................$ 12.57 3.23

Skidster....................$ 11.06 2.05

TRUCK DRIVER

Dump (Excludes Semi and

Tandem Dump Trucks).........$ 11.39 3.60

Semi (Includes Semi Dump

Trucks).....................$ 11.52 .23

Tandem (Includes Tandem

Dump Trucks)................$ 11.14 1.63

TEAM0638-001 10/01/2012

Rates Fringes

TRUCK DRIVER

ARTICULATED OFF ROAD HAULER.$ 24.45 0.00

Jorgen’s Hollow Campground Construction

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 rates.

0000/9999: weighted union wage rates will be published annually each January.

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 majority 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

Jorgen’s Hollow Campground Construction 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

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, 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

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

END OF GENERAL DECISION

Jorgen’s Hollow Campground Construction

PART IV – REPRESENTATIONS & INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.204-8 Annual Representations and Certifications (DEC 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(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, 2010, or 2012.

Jorgen’s Hollow Campground Construction

(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, Alternates I, II, and III.) 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 $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III 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.

Jorgen’s Hollow Campground Construction

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. 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 accessed through http://www.acquisition.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 Re-representation (APR 2012)

(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

Jorgen’s Hollow Campground Construction

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 re-represent its size status in accordance with the size standard in effect at the time of this re-representation 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.naics.com/naicsfiles/Size_Standards_Table2013.pdf.

(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 re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and

Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code

237990 assigned to contract number ___________________.

*Contractor’s Signature *Date

*Authorized Signer’s Name *Authorized Signer’s Title

Jorgen’s Hollow Campground Construction

452.209 – 70 – Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction, Alternate 1 (FEB 2012)

a) Awards made under this solicitation are 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. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

b) The Offeror represents that –

(1) The Offeror is , is not (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including

American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has , has not (check one) been convicted of a felony criminal violation under

Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has , has not (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does , does not (check one) have 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.

*Contractor’s Signature *Date

*Contractor’s Printed Name *Authorized Signer’s Title

452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to…