AG-87BJ-S-14-0007.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)

695429

GALLATIN NATIONAL FOREST

PO BOX 130, 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

EAST SIDE ACQUISITION TEAM (ESAT)

GALLATIN NATIONAL FOREST

ATTN: ALANE FITZPATRICK

PO BOX 130, 10 E BABCOCK, BOZEMAN, MT

ALANE FITZPATRICK 406-587-6920

107/08/2014

AG-87BJ-S-14-0007

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

DPG: Maah Daah Hey II Trail Surfacing, 2014

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

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

07/29/2014

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

PO BOX 130, 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-87BJ-S-14-0007

Dakota Prairie Grasslands: Maah Daah Hey II Trail Surfacing, 2014 Medora Ranger District; Billings County, North Dakota

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

Delivery: 07/15/2015 Delivery Location Code: 6647

USDA FOREST SERVICE

MEDORA RANGER DISTRICT

99 23RD AVENUE WEST SUITE B

DICKINSON ND 58601 US

FOB: Destination

001 MDH II Trail Surfacing 2014 Product/Service Code: Y1LB Product/Service Description: CONSTRUCTION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

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

Sponsored by GSA

FAR (48 CFR) 53.110

AG‐87BJ‐S‐14‐0007

DAKOTA PRAIRIE GRASSLANDS

MDH II Trail Surfacing, 2014

Maah Daah Hey II Trail Surfacing, 2014

TABLE OF CONTENTS

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D ‐ PACKAGING AND MARKING

SECTION E ‐ INSPECTION AND ACCEPTANCE

SECTION F ‐ DELIVERIES OR PERFORMANCE

SECTION G ‐ CONTRACT ADMINISTRATION DATA

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

SECTION I ‐ CONTRACT CLAUSES

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

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

SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M ‐ EVALUATION FACTORS FOR AWARD

MDH II Trail Surfacing, 2014

PART I – THE SCHEDULE

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

B ‐ 1 SCHEDULE OF ITEMS: Maah Daah Hey II (MDH II) Trail Surfacing, 2014; Billings County, North Dakota; Medora Ranger District, Dakota Prairie Grasslands.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

912 Trail Excavation & Embankment AQ LF 15,400 $ $

Trail Aggregate Surfacing, 4‐inches compacted in place;

Government Furnished Material AQ LF 15,400 $ $

951 Mobilization LSQ LS 1 $ XX.XX $

622 Rental Equipment AQ HR 20 $ $

TOTAL PRICE – ALL ITEMS: $

Special Notes

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

1. 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.

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

3. 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.

4. 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).

5. The successful Contractor must be registered in the System for Award Management (SAM) data base (reference

Section I, FAR 52.204‐7) before an award is issued.

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. 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 Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920.

Price quotation furnished by:

Name: _____________________________________ Phone: ________________________________

Address: _____________________________________ Cell: ________________________________

_____________________________________ FAX: ________________________________

DUNS: _____________________________________ E‐Mail: ________________________________

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity LF ‐‐‐‐‐‐‐‐Linear Foot

HR ‐‐‐‐‐‐‐Hour

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

MDH II Trail Surfacing, 2014

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C ‐ 1 PROJECT DESCRIPTION AND LOCATION

a. Description of Work: This project encompasses excavation and surfacing of approximately three (3) miles of the Maah Daah Hey II (MDH II) Trail. The successful Contractor shall furnish all labor, materials, equipment (fully operated), supervision, transportation, supplies, and incidentals necessary to complete the work. All work shall conform to the Plans, Drawings, and Specifications included in this solicitation and any resultant contract.

b. Project Location: The project is located on the Little Missouri National Grassland, Medora Ranger District, in Billings County, North Dakota. The project area is located in Section 35 of T138N, R102W and Sections 2 & 11 of T137N, R102W.

d. Subcontractors: All subcontractors must be identified by the time of the postaward conference 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: Between $25,000 and $100,000

f. Pre‐bid Tour: No pre‐bid tour will be conducted. Interested parties may contact Russ Walsh at the Medora Ranger

District Office, 701‐227‐7836, for additional information or for directions to view the project site on their own.

Contractors are urged to inspect the sites where the work will be performed.

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: No pre‐bid conference will be conducted.

h. Start Work Date: Estimated start date for this project is 11 August 2014.

i. Performance Period: All work shall be completed, including clean‐up, final inspection, and Government acceptance, no later than 15 July 2015. The Contractor shall maintain progress at a rate that will assure completion of work within the time specified above.

C ‐ 2 GENERAL SPECIFICATIONS

a. Submittals: None.

b. Permits: The Contractor is responsible for all necessary permits, including North Dakota One Call, call before you dig (1‐800‐795‐0555).

c. Storage of Equipment and Materials: Storage of equipment and materials shall take place only within areas approved by the CO.

d. Maintenance of Clean Worksite Conditions: The Contractor will maintain the project work area in a clean and orderly condition throughout the period of performance.

C ‐ 3 SPECIAL PROJECT SPECIFICATIONS

The following Special Project Specifications (SPS) supplement the Standard Specifications, and are a part of this solicitation and any resultant contract. The Special Project Specifications are attached in Section J – 3.

SPECIAL PROJECT SPECIFICATIONS

Section Number Description

622 Rental Equipment

906 Measurement and Payment

912 Trail Excavation and Embankment

941 Trail Aggregate Surfacing and Base Course

951 Mobilization

C ‐ 4 PROJECT PLANS/DRAWINGS

The following project plans/drawings are hereby made part of this solicitation and any resultant contract, and are attached in Section J – 4.

Sheet No. DESCRIPTION

1 Title Sheet

2 Schedule of Items

3 Illustration of Trail Structure Terms

4 Typical Cross Section

5 Vicinity Map

6 Area Map

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.

(End of Clause)

SECTION D ‐ PACKAGING AND MARKING

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.

(End of clause)

MDH II Trail Surfacing, 2014

SECTION F ‐ DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 15 July 2015. The time stated for completion shall include final cleanup of the premises.

(End of clause)

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 G ‐ CONTRACT ADMINISTRATION DATA

G ‐ 1 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with FAR 52.245‐1, Government Property, located in Section I.

a. Aggregate Material Source is located is located in the SW ¼ of Section 8, T136N, R104W.

452.215‐73 Postaward Conference (NOV 1996)

A postaward conference with the successful offeror is required. It will be scheduled within seven days after the date of contract award. The conference will be held at the Medora Ranger District Office, 99 23rd Ave W, Suite B, Dickinson, ND 58601 or at another location agreed to by the parties.

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H ‐ 1 NOXIOUS WEED CONTROL:

a. Noxious Weed Control: In order to prevent the potential spread of noxious weeds, the Contractor shall clean equipment in accordance with Section 951.01, Special Project Specifications.

MDH II Trail Surfacing, 2014

PART II – CONTRACT CLAUSES

SECTION I ‐ CONTRACT CLAUSES

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.

(End of clause)

52.204‐7 System for Award Management (JUL 2013) 52.209‐6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (AUG 2013) 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) 52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 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 (JUL 2013) 52.232‐33 Payment by Electronic Funds Transfer ‐ System for Award Management (JUL 2013) 52.233‐1 Disputes (JUL 2002) 52.233‐3 Protest after Award (AUG 1996)

MDH II Trail Surfacing, 2014

52.233‐4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236‐2 Differing Site Conditions (APR 1984) 52.236‐3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236‐5 Material and Workmanship (APR 1984) 52.236‐6 Superintendence by the Contractor (APR 1984) 52.236‐7 Permits and Responsibilities (NOV 1991) 52.236‐8 Other Contracts (APR 1984) 52.236‐9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236‐10 Operations and Storage Areas (APR 1984) 52.236‐11 Use and Possession Prior to Completion (APR 1984) 52.236‐12 Cleaning Up (APR 1984) 52.236‐13 Accident Prevention (NOV 1991) 52.236‐17 Layout of Work (APR 1984) 52.236‐21 Specifications and Drawings for Construction (FEB 1997) 52.236‐26 Preconstruction Conference (FEB 1995) 52.243‐5 Changes and Changed Conditions (APR 1984) 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)

452.232‐70 Reimbursement for Bond Premiums ‐ Fixed‐Price Construction Contracts (NOV 1996) 452.236‐70 Additive or Deductive Items (FEB 1988) 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)

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

MDH II Trail Surfacing, 2014 a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means‐

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

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

"Domestic construction material" means‐

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

[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;

MDH II Trail Surfacing, 2014

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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); or A Certificate of Deposit.

(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 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.

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business

MDH II Trail Surfacing, 2014 concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.244‐6 Subcontracts for Commercial Items (DEC 2013)

Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110‐252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5), if the subcontract is funded under the Recovery Act.

(iii) 52.219‐8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222‐35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a));

(vi) 52.222‐36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222‐40.

(viii) 52.222‐50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(ix) 52.225‐26, Contractors PerformingPrivate Security Functions Outside the United States JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(x) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232‐40.

MDH II Trail Surfacing, 2014

(xi) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247‐64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(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.

452.236‐77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236‐9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

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

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

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

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

J ‐ 1 Experience Questionnaire (pages 17‐18)

J ‐ 2 Wage Determination – Davis Bacon; General Decision Number ND20130019 01/03/2014 ND19 (pages 19‐23)

J ‐ 3 Special Project Specifications (Attached as a separate document; 7 pages)

J ‐ 4 Project Plans/Drawings (Attached as a separate document; 6 pages)

J ‐ 5 SF‐1413 Statement and Acknowledgment (Attached as a separate document; 1 page)

MDH II Trail Surfacing, 2014

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:

MDH II Trail Surfacing, 2014

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

MDH II Trail Surfacing, 2014

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

General Decision Number: ND20130019 01/03/2014 ND19 Superseded General Decision Number: ND20130019 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, Traill, Walsh, Ward, Wells and Williams Counties in North Dakota.

HEAVY INDUSTRIAL/PROCESSING PLANTS AND REFINERIES.

Modification Number Publication Date 0 01/03/2014

BOIL0647-005 01/01/2013

Rates Fringes

BOILERMAKER......................$ 32.40 25.37

CARP1091-001 05/20/2013

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

EMMONS,GOLDEN VALLEY,GRANT,HETTINGER,KIDDER,LOGAN,MCHENRY,

MCINTOSH,MCKENZIE,MCLEAN,MERCER,MORTON,MOUNTRAIL,OLIVER,

PIERCE,RENVILLE,ROLETTE,SHERIDAN,SIOUX,SLOPE,STARK,WARD, WELLS,

AND WILLIAMS COUNTIES:

Rates Fringes

CARPENTER

CARPENTER(Including Formbuilding)...............$ 28.22 13.08

MILLWRIGHTS.................$ 32.32 14.88

CARP1176-004 05/01/2013

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

MOURE, NELSON, PEMBINA, RAMSEY, RANSOM, RICHLAND, SARGENT,

STEELE, STUTSMAN, TOWNER, TRAIL AND WALSH COUNTIES

CARPENTER

CARPENTERS(Including form building)...................$ 21.44 12.05

MDH II Trail Surfacing, 2014

ELEC0714-010 07/01/2013

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:

ELECTRICIAN

CABLE SPLICER...............$ 30.59 8.12+11%

ELECTRICIAN (Including low voltage wiring).............$ 30.19 8.12+11%

* ELEC1426-013 06/01/2013

REMAINING COUNTIES

Rates Fringes

ELECTRICIAN

CABLE SPLICER...............$ 28.30 11.26

ELECTRICIAN.................$ 26.95 11.10

ENGI0049-038 05/01/2012

Rates Fringes

POWER EQUIPMENT OPERATOR:

GROUP 1.....................$ 29.65 15.85

GROUP 2.....................$ 27.00 15.85

GROUP 3.....................$ 26.40 15.85

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Crane Operator 180' boom or jib and over any combination, all types.

GROUP 2: Backhoe operator 3 1/2 Cu. Yd. and over, Crane operator 135' not to exceed 180' boom or jib, any combination, all types. Gentry Crane operator.

GROUP 3: Backhoe (Track or rubber),Crane operator up to and including 135' of boom or jib, any combinatoin, all types, Dozer (Track or rubber), Forklift Operator, Hoist Operator (covers all tuggers), Mechanic, OilerTrack & Truck Crane & Scraper Operator.

LABR0563-001 05/01/2013

Rates Fringes

LABORER..........................$ 19.17 12.37

PLUM0300-002 05/01/2013

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

MOURE, MOGAN, MCINTOSH, NELSON, PEMBINA, RAMSEY, RANSOM,

RICHLAND, SARGENT, STEELE, STUTSMAN, TRAILL, AND WALSH COUNTIES:

PLUMBER/PIPEFITTER...............$ 37.99 13.45

PLUM0300-003 05/01/2013

ADAMS, BILLINGS, BOTTINEAU, BURKE, DIVIDE, DUNN, EMMONS, GOLDEN

VALLEY, GRANT, HETTINGER, KIDDER, MCHENRY, MCKENZIE, MCLEAN,

MERCER, MOUNTRAIL, OLIVER, PIERCE, RENVILLE, ROLETTE, SHERIDAN,

SOIUX, SLOPE, STARK, TOWNER, WARD, WELLS AND WILLIAMS COUNTIES:

PLUMBER/PIPEFITTER...............$ 37.99 13.45

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.

MDH II Trail Surfacing, 2014

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 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, 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

MDH II Trail Surfacing, 2014

PART IV – REPRESENTATIONS AND INSTRUCTIONS

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

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.

(End of clause)

52.223‐1 Biobased Product Certification (MAY 2012)

52.204‐8 Annual Representations and Certifications (JAN 2014)

(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 provision at 52.204‐7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204‐7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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 SAM 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…