AG-91U4-S-09-0008.doc

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

FOB DESTINATION

OTHER (See Schedule)

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

are not attached.

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

B-1 - PART I – THE SCHEDULE

Total

THIS IS A SMALL EMERGING BUSINESS SET-ASIDE

B-2.FAR 52.236-27 Site Visit (Construction) (FEB 1995) Alternate I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for 21 July 2009 at 8:30 am.

(c) Participants will meet at USFS Cameron Fire Station

Directions to the Cameron Fire Station: take Interstate 8 East to the Kitchen Creek Road exit. The exit is approx. 6 miles east of the Pine Valley exit. Turn north on Kitchen Creek Road and go approx. 1/2 mile to the USFS Cameron Fire Station. If they want to google map the location type in 3110 Kitchen Creek Road, Pine Valley, CA.

DUNS #________________________

TIN #__________________________

Award will be made to one contractor.

To be considered for award, contractors must return completed sections A (Standard Page 18- Page 1), B Schedule of Items, K (REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS) and respond to the Evaluation Criteria listed in clause L.5.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Contract - This contract provides for the equipment rental, labor, and services to perform work ordered by the Government for the protection of a Federally Listed Endangered Species and restoration of watershed in compliance with its terms, specifications and provisions.

The purpose of this contract is to eliminate the impacts to a Federally Listed Endangered Species by blocking unauthorized routes within the watershed area and restoring the previously disturbed areas to a more natural state. This will be accomplished by installing metal pipe barriers along Kitchen Creek Road and by using a small bobcat to “rip” the compacted areas. The bobcat will also be used to spread any available brush over the affected areas.

Project Location - The project is located approximately 2.03 miles north on Kitchen Creek Road (15S17) at the Yellow Rose Springs Area. Kitchen Creek Road is accessible from Interstate 8 approximately 6 miles east of Pine Valley. The project area is located in Township 16S and Range 5E of the Mount Laguna Quadrangle Map. The work site is located within the Cleveland National Forest in East San Diego County. A project location map is included with this solicitation. Cleveland National Forest maps are available to assist in locating the work site at the District Office between the hours of 8:00 am and 4:30 pm., Monday through Friday. The Descanso District Office is located at 3348 Alpine Blvd., Alpine, CA.

Note: The barrier location was determined by GPS and is considered approximate. The exact location will be determined by the Contracting Officer’s Representative at the pre-bid site visit. The Forest Service highly recommends a site visit prior to bidding to ensure complete knowledge of site conditions and difficulty of operation.

Price Range The Government's estimate is less than $25,000

C-1 - AGAR 452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C-2 - AGAR 452.211-73 Attachments to Statement 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 in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

E-1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

E-2 - 52.246-1 Contractor Inspection Requirements (APR 1984)

E-3 - 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F-1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F-2 - FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 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 10 calendar days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

F-3 - AGAR 452.236-75 Maximum Workweek – Construction Schedule (NOV 1996) Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek that will be approved is Monday thru Friday excluding federal holidays.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 - AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held within 5 days after the date of contract award. The conference will be held at:

U.S. FOREST SERVICE

CLEVELAND NATIONAL FOREST

ALPINE FIRE PROTECTION DISTRICT

1834 ALPINE BOULEVARD

ALPINE, CA. 92001

G-2 - GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract.

ITEM 1 - 410 feet of barriers This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PLAN FOR CONSTRUCTION AND SERVICE CONTRACTS

12/05/07

(Ref: FSH 6309.32 and 6309.11)

H-1 -1. SCOPE:

The provisions set forth below outline the responsibility for fire prevention and suppression activities and establish an attack procedure for fires within the contract area. The contract area is delineated by map in the contract. The provisions set forth below also specify conditions under which contract activities will be curtailed or shut down. See Section 5, Emergency Measures below.

H-2 -2. RESPONSIBILITIES:

A. Contractor

(1) Shall abide by the requirements of this Fire Plan.

(2) Shall take all steps necessary to prevent his/her employees, subcontractors and their employees from setting fires not required in completion of the contract, shall be responsible for preventing the escape of fires set directly or indirectly as a result of contract operations, and shall extinguish all such fires which may escape.

(3) Shall complete the Contractor's Plan Regarding Personnel, Equipment and Organization (6.B) and shall furnish the Contracting Officer (CO) with a copy prior to commencing work at the site. Shall currently advise the CO of any changes in personnel, equipment and organization as the changes occur. Shall revise Section 6.B to reflect current activities upon request of the CO.

B. Forest Service

The Forest Service may conduct one or more inspections for compliance with the fire plan. The number, timing, and scope of such inspections will be committed at the discretion of agency employees responsible for contract administration. Such inspections do not relieve the Contractor of responsibility for correcting violations of the fire plan or for fire safety in general, as outlined in paragraph 2.A above.

H-3 -3. TOOLS AND EQUIPMENT:

A. The Contractor shall comply with the following requirements:

Shall equip all diesel and/or gasoline-operated engines, both stationary and mobile, and all flues used in any contract and camp operations with spark arresters that meet Forest Service standards set forth in the National Coordinating Group publication for Multiposition Small Engines, #430-4, or General Purpose and Locomotive, #430-2. Spark arresters are not required on equipment powered by exhaust-driven turbo-charged engines or motor vehicles equipped with a maintained muffler as defined in California Public Resources Code (CPRC), Section 4442 and 4443.

Shall furnish and have available for emergency use on each piece of equipment used in conjunction with performance of the work as listed below, hand tools and/or equipment as follows (CPRC 4427, 4428 and 4431):

(a) One shovel, one axe (or pulaski) and a fully charged fire extinguisher U.L. rated at 2-A:10-B:C, or larger, on each truck, personnel vehicle, tractor, grader and other heavy equipment.

Contractor shall equip each mechanized harvesting machine with hydraulic systems, powered by an internal combustion engine (chipper, feller/buncher, harvester, forwarder, stroke delimber, etc), except tractors and skidders, with at least two 10 lb 4A/60 B-C fire extinguishers, or equivalent. In addition, concentrations of wood dust and debris shall be removed from such equipment daily.

(b) One shovel and one backpack 5 gallon water-filled tank with pump with each welder.

(c) One shovel and one pressurized chemical fire extinguisher for each gasoline-powered tool, including but not restricted to chain saws, soil augers, rock drills, etc. Fire extinguishers shall be of the type and size set forth in the California Public Resources Code Section 4431. Shovel must be kept within 100 feet from each chain saw when used off cleared landing areas.

All tools and equipment required in (1) and (2) above shall be in good workable condition and shall meet the following principle Forest Service specifications for fire tools:

(a) Shovels shall be size "O" or larger and be not less than 46 inches in overall length.

(b) Axes (or pulaskis) shall have 2-1/2 pound or larger heads and be not less than 28 inches in overall length.

Shall furnish a water tank truck or trailer, if so designated in Section 5.F. Tank truck or trailer shall be located on or immediately adjacent to the contract area and meet the following minimum specifications: contain at least 300 gallons of water; a combination straight stream-fog nozzle with 300 feet of one-inch fire hose, with no segment longer than 50 feet; fire hose with nozzle closed shall be capable of withstanding 200 psi pump pressure without leaking, slipping of couplings, distortions, or other failures; nozzle discharge rating of six to 20 gallons per minute; a pump capable of delivering 23 gallons per minute at 175 pounds psi at sea level; power unit for pump shall have fuel for at least two hours operation, with ample transport available for immediate and safe movement of tank over roads serving the contract area; and shall be in good working order; pump outlet shall be equipped with 1-1/2 inch National Standard Fire Hose thread.

Shall furnish two tractor headlights for each tractor dozer, if so designated in Section 5.G. Tractor headlights shall be attachable to each tractor and served by an adequate power source.

B. Forest Service Contracting Officer's Representative (COR) will deliver Government-furnished fire tool box to contract site and remove after completion and acceptance of the contract, if so designated in Section 5.C below.

4.

GENERAL

A. State Law. The Contractor shall comply with all applicable laws of the State of California. In particular, see California Public Resource Codes.

B. Permits Required. The Contractor must secure a special written permit from the District Ranger or designated representative before engaging in any of the activities listed below. The terms and conditions of any of the permits required for this contract are as shown on copies attached to the Fire Plan.

(1) Blasting and Storage of Explosives and Detonators. (Explosives Permit required by California Health & Safety Code, Section 12101.)

(2) Burning.

(3) Air Pollution. (Issued by local State or County Air Pollution Control Districts, as applicable.)

(4) Camp, Lunch and Warming Fires.

(5) Welding and Cutting.

C. Regulations for Burning. Before setting any fires whatsoever, the Contractor shall notify the CO of his/her intentions. Special care shall be taken to prevent scorching or causing any damage to adjacent structures, trees, and shrubbery. Piles of material to be burned shall be of such size and so placed that during burning no damage shall result to adjacent objects.

D. Smoking and Fire Rules. Smoking shall not be permitted during fire season, except in a barren area or in an area cleared to mineral soil at least three feet in diameter (CPRC 4423.4). In areas closed to smoking, the CO may approve special areas to be used for smoking. Designated smoking areas shall be signed by the Contractor. Contractor shall post signs regarding smoking and fire rules in conspicuous places for all employees to see. Contractor's supervisory personnel shall require compliance with these rules. Under no circumstances shall smoking be permitted during fire season while employees are operating light or heavy equipment, or walking or working in grass and woodlands.

E. Storage and Parking Areas. Equipment service areas, parking areas, and gas and oil storage areas shall be cleared of all inflammable material for a radius of at least 50 feet. Small mobile or stationary engine sites shall be cleared of inflammable material for a radius of at least 15 feet from such engine. The Contracting Officer h areas must be approved, in writing, by the Contracting Officer.

F. Welding. Contractor shall confine welding activity to cleared areas having a minimum radius of ten feet measured from place of welding.

G. Blasting. Contractor shall use electric caps only. When blasting is necessary in slash areas, a watchperson equipped with shovel and a water-filled backpack can (5 gallon), with hand pump, shall remain in the immediate area for an hour after blasting has been completed.

H. Oil Filter and Glass Jugs. Contractor shall remove from National Forest land all oily rags and used oil filters. Contractor shall prohibit use of glass bottles and jugs on contract operations.

I.

Reporting Fires. As soon as feasible, after initial control action is taken, Contractor shall notify Forest Service of any fires along roads used by Contractor.

J. Communications. If required in Section 5.H below, Contractor shall furnish a serviceable telephone, radio-telephone, or radio system connecting each operation with the designated Forest Service Dispatch Center. A radio-equipped fire patrolperson vehicle will satisfy this requirement if in operation during the time required. The communication system shall provide prompt and reliable communications between the Contractor's operations and the Forest Service Dispatch Center. The communications system shall be operable during Contractor's operation in the fire precautionary period and at the time fire patrolperson service is required. The communications system shall be capable of contacting the designated Forest Service Dispatch Center within five (5) minutes of discovery of a fire in the Contractor’s operating area.

5. EMERGENCY MEASURES

The table set forth below establishes work restrictions and fire precautions that the Contractor must observe at each activity level.

Contractor shall conform to the limitations or requirements of Project Activity Level (PAL) obtained from Forest Service before starting work each day. If practicable, Forest Service will determine the following day’s activity level by 4:00 p.m. each afternoon. Activity level may be changed at any time if, in the judgment of the Forest Service, fire danger is higher or lower than predicted and such change is consistent with forest management objectives. The decision to change the activity level, and when, and how to take weather observations for that purpose, are within the discretion of Forest Service.

PAL applicable to this project shall be for Fuel Model G, National Fire Danger Rating System, and Remote Automated Weather Station (RAWS) or fire danger rating area stated in the legend of Project Area Map.

PROJECT ACTIVITY LEVELS

LEVEL

PROJECT ACTIVITY

A.

As required by Sections 1 through 4 above.

B.

Furnish Fire Patrol. The fire patrol must meet the requirements in 5.E below. When mechanized equipment with high-speed rotary head is utilized, the Fire Patrol shall remain in the operational area until 8:00 p.m., unless otherwise agreed in writing.

C.

The following operations are prohibited from 1 p.m. until 8 p.m. local time.

a. Dead tree felling, limbing, or bucking except recently dead trees.

b. Operating high speed rotary head equipment.

c. Blasting.

D.

The following operations are prohibited from 1 p.m. until 8 p.m. local time.

a. Tractor, skidder, feller-buncher (without high speed rotary head), forwarder, chipper or shovel logging operations.

b. Cable yarding with gravity operated logging systems employing non-motorized carriages when all blocks and moving lines are 10 feet or more above the ground, excluding the line between the carriage and the choker.

c. Mechanized loading and hauling, except log trucks already at the landing.

d. Hand felling green or recently dead material.

e. Power saw use at landings.

f. Welding or cutting of metal except by special permit.

g. Any other spark-emitting operation except by special permit.

The following operations are prohibited:

h. Blasting between hours of 10 a.m. and 8 p.m.

i. Cable yarding except as stated above.

j. Mechanized operations for felling (with high speed rotary head), bucking, and limbing.

k. Felling dead material.

l. Road clearing and pioneering in uncleared areas.

m. Mechanized slash disposal.

E.

Operations are prohibited except:

a. Trucks at landing may be loaded and can leave sale area.

b. Equipment at landings may be serviced.

c. Roads: dust abatement or rock/aggregate installation.

Ev.

Same as E with the exception that if site-specific conditions warrant a variance permitting operations, the CO or their representative will provide the specified emergency precautions needed.

All of the precautions listed above apply unless the Contracting Officer agrees to changes in writing. Such written agreement, or substitute precautions, shall prescribe measures to be taken by Purchaser to reduce the risk of ignition, and/or the spread of fire.

A.

The Contractor can obtain the Predicted Activity level for the following day at telephone number: 661-723-2752 B. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish a sealed box of fire fighting tools, to be located in the operating area, at a point accessible in the event of fire. This box shall contain: one 5-gallon, backpack pump-type fire extinguisher filled with water; two axes; two McCleod fire tools; one serviceable chain saw of three and one-half or more horsepower with a cutting bar 20 inches in length or longer; and enough shovels so that each employee at the operation can be equipped to fight fire. The box shall remain unlocked, but be sealed with a Forest Service seal to be broken for emergency use only.

C. The Forest Service FORMCHECKBOX will FORMCHECKBOX will not furnish box of fire fighting tools, the contents of which is within the discretion of agency employees at the district level. The Contractor shall ensure that the box remains unlocked but sealed with a Forest Service seal to be broken for emergency use only. The Contractor will be responsible for keeping the box in the operating area, at a point accessible in the event of fire, and will return it to the government upon completion of the work. The cost of replacing any shortage of tool inventory or loss or damage to the box will be withheld from the final contract payment due the Contractor.

D. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish a filled five gallon backpack pump at each work site at activity level C, or above.

E. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish a fire patrol with a filled 5-gallon backpack pump to prevent, detect, and suppress any fires in the contract area. The patrol shall remain on duty at least two hours after the close of work, at Activity Level B, or above. SUPPLEMENT: The fire patrol FORMCHECKBOX may FORMCHECKBOX may not perform other duties on the contract.

F. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish a water tank truck or trailer. Water tank truck or trailer FORMCHECKBOX may FORMCHECKBOX may not be used for other work on the contract.

G. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish tractor headlights.

H. The Contractor FORMCHECKBOX will FORMCHECKBOX will not be required to furnish communications equipment; specifically a cellular phone..

(SEE TABLE ON FOLLOWING PAGE)

6. REPORTING ALL WILD FIRES

A. Contractor's employees shall report all fires to any of the following Forest Service facilities and/or personnel listed below, but not necessarily in the order shown:

Dispatch Center

Mike McIntyre (L.A. River and Santa Clara-Mojave Rivers)

626-335-1251 x250

818-899-1900 x223

D.R. Designated Rep

When reporting a fire, provide the following information;

Your Name;

Call back telephone number;

Project name;

Location;

Legal description (Township, Range, Section); and

Descriptive location (Reference point);

Fire Information;

Acres;

Rate of Spread; and

Wind Conditions.

B. Contractor's Plan Regarding Personnel, Equipment and Organization. The Contractor shall, prior to commencing work, furnish the following information relating to key personnel, tools and equipment available for the purpose of fighting wild fires within and adjacent to the Contract Area:

(1) Key Personnel: (In order of call preferences)

Fire Supervisor

Fire Patrolperson

(2) Personnel and Equipment

Fire Fighters:

Fallers:

Power Saws:

Other Equipment:

(3) Fire Suppression Plan:

Contractor's Signature Date ____________________________

Contracting Officer Date ____________________________

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1 - FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-20 Notice of Emerging Small Business Set-Aside (JAN 1991) 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 (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005) 52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations (FEB 1988)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) 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 (JUN 1998) 52.222-50 Combating Trafficking in Persons (SEP 2007) 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

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)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002) 52.232-23 Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-3 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)

Alternate I (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-17 Layout of Work (APR 1984) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009 52.246-21 Warranty of Construction (MAR 1994) Alternate I (APR 1984)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996)

452.236-76 Samples and Certificates (FEB 1988)

452.236-77 Emergency Response (NOV 1996)

Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

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

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I-2 — FAR 52.225-9 Buy American Act-Construction Materials (FEB 2009)

(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

4 Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

(2) This requirement does not apply to the construction material 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.

© 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;

© Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] Order of Precedence—Construction Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J—LIST OF ATTACHMENTS

ATTACHMENT #

DESCRIPTION

DATE

PAGES

WAGE DETERMINATION CA080001

06/19/2009

MAP

06/19/2009

SPECIAL PROJECT SPECIFICATIONS

06/19/2009

FIRE PLAN FOR CONSTRUCTION AND 04/19/2005

SERVICE CONTRACTS

ATTACHMENT 1

General Decision Number: CA080001 06/19/2009 CA1

Superseded General Decision Number: CA20070001

State: California

Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential

County: San Diego County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION

PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date

0 02/08/2008

1 02/15/2008

2 02/22/2008

3 02/29/2008

4 03/07/2008

5 03/28/2008

6 04/04/2008

7 04/11/2008

8 05/09/2008

9 06/20/2008

10 07/04/2008

11 07/11/2008

12 08/01/2008

13 09/12/2008

14 10/03/2008

15 11/14/2008

16 12/05/2008

17 01/02/2009

18 01/16/2009

19 02/06/2009

20 02/27/2009

21 03/06/2009

22 04/03/2009

23 04/17/2009

24 05/01/2009

25 06/19/2009

ASBE0005-002 08/07/2007

Rates Fringes

Asbestos Workers/Insulator

(Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 37.01 10.84

Fire Stop Technician

(Application of Firestopping

Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 20.76 10.23

ASBE0005-004 08/07/2006

Rates Fringes

Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 19.55 6.38

BOIL0092-003 10/01/2008

Rates Fringes

BOILERMAKER......................$ 39.24 20.26

BRCA0004-008 11/01/2008

Rates Fringes

BRICKLAYER; MARBLE SETTER........$ 31.00 12.20

BRCA0018-004 06/01/2008

Rates Fringes

MARBLE FINISHER..................$ 25.52 9.08

TILE FINISHER....................$ 21.07 7.88

TILE LAYER.......................$ 32.05 11.99

BRCA0018-010 09/01/2008

Rates Fringes

TERRAZZO FINISHER................$ 26.59 9.62

TERRAZZO WORKER/SETTER...........$ 33.63 10.46

CARP0409-002 07/01/2008

Rates Fringes

Diver

(1) Wet.....................$ 663.68 9.82

(2) Standby.................$ 331.84 9.82

(3) Tender..................$ 323.84 9.82

(4) Assistant Tender........$ 299.84 9.82

Amounts in "Rates' column are per day

CARP0409-008 07/01/2008

Rates Fringes

Modular Furniture Installer......$ 19.00 7.41

CARP0547-001 07/01/2008

Rates Fringes

CARPENTER

(1) Bridge.................$ 37.28 9.58

(2) Commercial Building....$ 32.30 9.58

(3) Heavy & Highway........$ 37.15 9.58

(4) Residential............$ 25.84 9.58

MILLWRIGHT.......................$ 37.65 9.58

PILEDRIVERMAN....................$ 37.28 9.58

CARP0547-002 07/01/2008

Rates Fringes

Drywall

(1) Work on wood framed construction of single family residences, apartments or condominiums under four stories

Drywall Installer/Lather...$ 21.00 8.58

Drywall Stocker/Scrapper...$ 11.00 6.67

(2) All other work

Drywall Installer/Lather...$ 27.35 8.58

Drywall Stocker/Scrapper...$ 11.00 6.67

ELEC0569-001 12/01/2006

Rates Fringes

Electricians (Tunnel Work)

Cable Splicer...............$ 37.35 3%+11.08

Electrician.................$ 36.51 3%+11.08

Electricians: (All Other

Work, Including 4 Stories

Residential)

Cable Splicer...............$ 33.20 3%+11.08

Electrician.................$ 32.45 3%+11.08

ELEC0569-005 12/01/2007

Rates Fringes

Sound & Communications

Sound Technician............$ 23.45 3%+9.68

Soundman....................$ 16.24 3%+7.51

SOUND TECHNICIAN: Terminating, operating and performing final check-out

SOUNDMAN: Wire-pulling, splicing, assembling and installing devices

SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video.

Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics.

ELEC0569-006 12/01/2005

Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings

Rates Fringes

Traffic signal, street light and underground work

Utility Technician #1.......$ 18.15 3%+7.17

Utility Technician #2.......$ 16.50 3%+7.17

STREET LIGHT & TRAFFIC SIGNAL WORK:

UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry, programmable controller, pedestal-mounted electrical meter enclosures and laying of pre-assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and traffic signals.

UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical, telephone, cable TV land communication systems. The setting, leveling, grounding and racking of precast manholes, handholes and transformer pads.

ELEC0569-008 12/01/2005

Rates Fringes

ELECTRICIAN (Residential, 1-3

Stories).........................$ 21.00 3%+2.55

ELEC1245-001 06/01/2008

Rates Fringes

LINE CONSTRUCTION

(1) Lineman; Cable splicer..$ 43.07 12.57

(2) Equipment specialist

(operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 34.40 11.53

(3) Groundman...............$ 26.31 11.29

(4) Powderman...............$ 38.46 11.69

HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day

ELEV0018-001 01/01/2009

Rates Fringes

ELEVATOR MECHANIC................$ 44.10 18.285

FOOTNOTE…