AG-9702-S-10-0009_RFP Phase I_Conformed Copy.pdf

Solicitation No. AG-9702-S-10-0009, Conformed Copy

Design-Build Angeles NF Supervisor’s Office

EROC-SW

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

EST

QTY

UNIT

UNIT PRICE

AMOUNT

Design-Build Angeles National Forest

Supervisor’s Office in accordance with Section C of this Phase I solicitation.

Price proposal is NOT required in this

Phase I solicitation.

The Schedule of Items shall be determined in the pending Phase II solicitation.

N/A

SECTION C--DESCRIPTION/SPECIFICATIONS/

STATEMENT OF WORK

SCOPE OF WORK

The project consists of the complete design and construction of a new office building to replace several existing buildings at the Angeles National Forest (NF) Supervisor’s Office (SO). The project includes access and interior roads and parking, and associated site work and utilities. It may also require improvement or modification of existing building(s) to meet the site requirements. It requires further design development and preparation of a complete set of construction drawings and specifications based upon design considerations and performance specifications included within this contract, and the subsequent construction of this design to result in a complete and finished product suitable for the intended use.

PROJECT LOCATION

This project is located at 701 N. Santa Anita Ave., Arcadia, CA 91006.

PROJECT DESCRIPTION

The Angeles NF SO provides overall management and specialist services to the three Districts comprising the

Forest. In addition to housing a staff of approximately 100, it is a hub for a myriad of activities involving public and private stakeholders. The site consists of 10 acres of relatively flat land abutting the Foothill (I-210) Freeway to the north and Santa Anita Avenue to the East. The site came into federal ownership in the 1930s for the purpose of providing much needed maintenance and storage yard and structures to serve the Forest.

In addition to housing a staff of approximately 100, the activities conducted at the Supervisor’s Office include frequent meetings with public and private entities, indoor and outdoor fire training for Federal, County and City fire departments, public open houses related to specific projects or issues and public events such as recruitment and outreach. The building will also be used as a support center during fire and other emergency incidents and may be occupied 24 hours a day, 7 days a week. The new building needs to be capable of accommodating these activities. The SO building replacement will involve the demolition of the existing office building comprised of

22 modular units totaling 18,360 square feet, as well as a 2,428 square foot wood frame ―acquisitions‖ building built in 1941, a 957 square foot wood frame ―conference‖ building built in 1938, a 1568 square foot wood frame

―law enforcement‖ building built in 1960 and a 300 square foot wood frame ―computer‖ building built ca 1960s.

The replacement building will be located near the east end of the site, adjacent or close to the entrance on Santa

Anita Avenue.

The objectives of this project are:

1. The replacement of the existing, substandard building comprised of 22 modular units and the demolition of other miscellaneous buildings, to create an efficient space for office staff and public interaction.

2. The improvement of energy efficiency and reducing the carbon footprint of the SO through better insulation, natural lighting and ventilation, with replaced electrical, mechanical, plumbing and HVAC components.

PROJECT REQUIREMENTS

All design work must be prepared by registered professionals and approved by the Government prior to the onset of construction.

The project includes the following: A new approximately 20,000 square foot energy efficient building will be constructed to replace the above described buildings. These buildings will remain operational during construction and will be demolished after the replacement office construction is completed and the staff is transferred to the new building. Other existing buildings at the SO site will essentially remain functional and continue their current uses, but one or more warehouse-type buildings may need to be modified, moved or removed and their contents placed elsewhere onsite, to accommodate the proposed new site layout or to be incorporated into the design of the new replacement building. The new building construction will have appurtenant site development such as delineating, re-paving and striping separate public, employee and Government vehicle parking; landscaping; and installation of new security fencing and gate to separate public from non-public areas on site. The east end of the site where construction is proposed may be underlain by unsuitable or deleterious materials. These materials will need to be identified and the site mitigated as needed. The scope of work includes all geotechnical investigation, excavation, engineered fill, compaction and any other requirement to support the final foundation design. The scope of work also includes removal of all unsuitable non-hazardous material and non-native material such as underground storage tanks, pipes, old concrete, etc., that may be encountered to a depth of 5 feet. All holes would then be filled and recompacted per the geotechnical engineer’s recommendation. All organic material and non-native material needing to be removed that is located below 5 feet will be treated as a change order if required.

The scope of the registered professional services will require as needed: Professional architectural, landscape architectural, boundary/ topographic surveying, engineering (civil, structural, geotechnical, mechanical, electrical, environmental, telecommunications), interior design, Leadership in Energy and Environmental Design

(LEED) services (to achieve minimum Silver LEED rating), value engineering, computer aided design and drafting (CADD) and related consulting services to generate site and floor plans, drawings, renderings, small scale models, specifications, cost estimates, schedules, construction plans and other products needed for the design and construction of the building and appurtenant components.

DESIGN CONSIDERATIONS

The complete design prospectus and considerations will be included in Phase II. The following preliminary design considerations are provided to assist offerors in gaining a better understanding of the project.

1. The proposed construction will be at the east end of the 10-acre site. The construction area is within or close to an Alquist-Priolo zone.

2. The proposed site layout and construction will have to allow continued normal Forest business operations on site, while construction is going on.

3. The proposed building has to have the functionality of a commercial building (in terms of space usage, building type and materials used to reduce long term maintenance needs), however the building look and feel should be traditional, ―earthy‖ and ―organic,‖ as opposed to modern (e.g. with dramatic shape, shiny metal surfaces, etc), to reflect the mission of its users as stewards of public forests.

4. The site has to be laid out safely and efficiently, but with a ―natural‖ look. Natural landscaping elements

(e.g. boulders, trees, hedges, etc.) will be incorporated in the site access and traffic control system. For example, boulders and large trees could be used to keep vehicular traffic at a safe distance from buildings;

hedges and shrubs would conceal fences. All landscaping plants will be native species.

5. Since this is a Federal Building, particular care should be taken to identify potential terrorist threats and their delivery method(s), and to provide security features to help prevent, deter, or mitigate such threats.

6. The site and buildings will have separate public and employee-only areas; public, employees and

Government parking areas will be separate.

7. There is a warehouse building at the east end of the south property line. The warehouse is approximately

25 feet wide in the north-south direction, and approximately 130 feet long in the east-west direction. It is formed of two distinct superstructures that have been placed on a 4 foot high loading concrete platform and combined to form a single building. If feasible within the stated budget range, the design could incorporate this warehouse into the new building design. Possibilities include removing the superstructure of the east half of the warehouse (leaving the concrete platform and turning it into a terrace), linking the new building to the terrace, and converting the remaining west half of the warehouse to include conference/training rooms, exercise area, etc. However, this is only one suggested possibility presented as a means to illustrate the realm of possible alternatives and we encourage all creative approaches to incorporate (or not incorporate) existing site features into the conceptual alternatives.

8. As required by law, the project will be required to meet or exceed Federal Energy Goals; including new standards mandated by the Energy Policy Act of 2005, the Energy Independence and Security Act of

2007 (EISA) and Executive Order 13423. It will also incorporate cost-effective and innovative ―green‖ strategies.

9. The building must comply with the California Code of Regulations, Title 24, including:

a. 2007 California Building Code

b. 2007 California Mechanical Code

c. 2007 California Plumbing Code

d. 2007 California Electrical Code

e. 2007 California Energy Code

10. The building must comply with the Architectural Barriers Act Accessibility Standards (ADA/ABA), and the Americans With Disabilities Act.

11. While a certified ―GOLD‖ LEED rating should be sought, a minimum certified ―Silver‖ LEED version

3.0 rating shall be met.

12. The buildings and site shall comply with applicable sections of the Forest Service Handbook FSH

7309.11 ―Buildings and Related Facilities Handbook‖ available at www.fs.fed.us/im/directives/dughtml/fsh7000.html. The buildings and site shall comply with the applicable section of the Forest Service ―Built Environment Image Guide‖ available at http://www.fs.fed.us/recreation/programs/beig.

13. The building will be used as a support center during fire and other emergency incidents; an emergency backup generator system shall be designed and installed to provide lighting and power to security and telecommunication equipments.

14. All building fit and finish components (such as door knobs, faucets, doors, windows, etc.) shall be of a heavy duty grade, capable of withstanding anticipated commercial use for at least 40 years; roofs shall be design to last 50 years; carpets shall be industrial grade. All fit and finish components shall be approved by the Forest Service prior to purchase and installation by the contractor

15. Construction drawings, specifications, and related documents shall be complete, accurate and clearly describe the work, including the identification of items to be removed or adapted, and specifically address any connections to existing building and site systems. As a minimum, the drawings must include:

structural plan; site grading and utilities plan; erosion control plan; foundation plan; floor plan; roof plan;

building sections; window and door details; typical wall sections; finish schedules; hardware schedules;

electrical plan with panel directory and load schedule; electrical fixture/equipment schedule; HVAC and plumbing plans with fixture/ equipment schedule, telecommunications and data plan, fire and security system plan.

16. Design the project to meet conditions that are applicable to the area and climate where the facility is located, and appropriate for the intended use.

17. As a part of the design the successful offeror shall develop and submit a Schedule of Values to the

Contracting Officers for approval prior to starting work for the purpose of determining progress payments.

18. Submit drawings and plans on 24x36 inch bond and Adobe PDF. Final drawings shall also be submitted on CD in the latest AutoCAD version.

19. Submit CSI MasterFormat 2004 specifications on 8 1/2" X 11" bound sheets and as Adobe PDF. Submit final specifications in editable electronic version, MS Word or similar format, in addition to hardcopy and

PDF.

20. Designs developed as a part of this contract become the complete property of the Government and may be adapted for reuse by the Government or one of its contractors for construction at other locations in the future without additional compensation. The original designer(s) are relieved of all liability which might arise as a result of any reuse should it occur.

http://www.fs.fed.us/im/directives/dughtml/fsh7000.html http://www.fs.fed.us/recreation/programs/beig

21. Design submittals are required at the 35% stage, 50% stage, 90% stage and 100% stage as described in the design prospectus. At the 35%, and 50% stage only drawings need to be submitted. The 90%, and

100% submittals must include design calculations, drawings, specifications, material and equipment cut sheets and Schedule of Values. Submit a color board with samples of materials to be used at the 90% and

100% submittals.

22. The construction shall comply with the submitted and approved drawings and specifications.

23. A ground-coupled heat pump system with vertical boreholes shall be considered for this site and should utilize the most efficient ―family‖ of heat pump units in the manufacturer’s equipment line. Conditioned airs must be delivered at floor level, with supply distribution to be located under the floor.

24. A complete fire alarm and security system for the building must be included, with keypads provided at all entries. Specification to be provided.

25. The project shall include systems furniture for the entire building, upon completion of construction. The number, size and type of office (i.e., private office, cubicle, open space, etc.) will be provided during the

Phase II solicitation. Design and provide an appropriate number of connections for power and communications.

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 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

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/ and www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

SECTION F--DELIVERIES OR PERFORMANCE

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

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 24 months. The time stated for completion shall include final cleanup of the premises.

452.236-75 Maximum Work Week-Construction (NOV 1996)

Within five (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 seven (7) days.

SECTION G--CONTRACT ADMINISTRATION DATA

{For this Solicitation, there are NO clauses in this Section}

SECTION H--SPECIAL CONTRACT REQUIREMENTS

52.236-4 Physical Data (APR 1984)

Except as is specifically noted below or as SHOWN ON THE DRAWINGS, no physical data is available from the Government.

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by data survey.

52.236-14 Availability and Use of Utility Services (APR 1984)

The on-site contractor will have availability to water and electric utilities.

52.236-22 -- Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation.

These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $ Amount shall be determined in the pending Phase II solicitation.

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 10 calendar days after the date of contract award. The conference will be held at: 701 N. Santa Anita Ave., Arcadia, CA

91006.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The

Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the

Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

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)

52.215-10 Price Reduction for Defective Cost or Pricing Date (OCT 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications (OCT 1997)

52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)

52.215-13 Subcontractor Cost or Pricing Data – Modifications (OCT 1997)

52.215-15 Pension Adjustments and Asset Reversions (OCT 2004)

52.215-16 Facilities Capital Cost of Money (JUNE 2003)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JULY

2005)

52.215-19 Notification of Ownership Changes (OCT 1997)

52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data –

Alternate III (OCT 1997) – Paragraph (c) Submit the cost portion of the proposal via the following electronic media: To Be Determined

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—

Modifications Alternate III (OCT 1997) – Paragraph (c) Submit the cost portion of the proposal via the following electronic media: To Be Determined

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL

2005)

52.219-8 Utilization of Small Business Concerns (MAY 2004)

52.219-9 Small Business Subcontracting Plan – Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages--Subcontracting Plan (JAN 1999)

52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

52.219-25 Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting

(APR 2008)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (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)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2006)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.222-54 Employment Eligibility Verification (Jan 2009)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC

2007)

52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-11 Ozone-Depleting Substances (MAY 2001)

52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY

2008)

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

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (FEB 1992)

52.228-12 Prospective Subcontractor Requests for Bonds (OCT 1995)

52.228-14 Irrevocable Letter of Credit (DEC 1999)

52.228-15 Performance and Payment Bonds – Construction (NOV 2006)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.230-1 Cost Accounting Standards Notices and Certification (OCT 2008)

52.230-2 Cost Accounting Standards (OCT 2008)

52.230-3 Disclosure and Consistency of Cost Accounting Standards (OCT 2008)

52.230-6 Administration of Cost Accounting Standards (MAR 2008)

52.232-5 Payments Under Fixed-Price Construction Contracts (SEP 2002)

52.232-17 Interest (OCT 2008)

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 – Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR

1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-16 Quantity Surveys (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997) Alternate I (APR 1984)

52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984)

52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984)

52.236-25 Requirements for Registration of Designers (JUNE 2003)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (AUG 1987)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Government Property (JUNE 2007)

52.245-2 Government Property Installation Operation Services (JUNE 2007)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)--Alternate I (SEP

1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

452.236-71 Prohibition Against the Use of Lead-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)

452.236-80 Firms Ineligible for Award -- Construction (NOV 1996)

52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of clause)

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 http://fedgov.dnb.com/webform

(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.

52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(a) Definitions. As used in this clause—

―Contract‖, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.

6301, et seq. For discussion of various types of contracts, see FAR Part 16.

―First-tier subcontract‖ means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

―Jobs created‖ means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009

(Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ―full-time equivalent‖ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as http://www.ccr.gov/ http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/lawrevisioncounsel.shtml http://uscode.house.gov/lawrevisioncounsel.shtml http://www.arnet.gov/far/current/html/FARTOCP16.html#wp226194 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

―Jobs retained‖ means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as ―full-time equivalent‖ (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

―Total compensation‖ means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of

Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American

Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

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(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United

States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the

Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

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(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.

78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.215-2 Audit and Records—Negotiation (Mar 2009) Alternate 1 (Mar 2009)

(a) As used in this clause, ―records‖ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting

Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor’s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the

Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate

Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor’s or any subcontractor’s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

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(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in

Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and—

(1) Except as provided in paragraph…