Att_1_Water Tank Inspection SF 1449 .doc

AG-9702-S-10-0087 -- ANGELES NF WATER TANK INSPECTION, CLEANING, AND REPAIR

AG-9702-S-10-0087 – ANGELES NF WATER TANK INSPECTION, CLEANING, AND REPAIR

15 December 2009

LOCAL TIME

INFORMATION CALL:

USDA Forest Service

EROC-SW

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

1323 Club Dr.

Vallejo, CA 94592

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

NAICS: 562998 BUSINESS

FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A)

SIZE STANDARD: 7.0 Million OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

Angeles National Forest 701 North Santa Anita Ave.

Arcadia, CA 91006

16. ADMINISTERED BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

USDA Forest Service

EROC-SW

1323 Club Dr.

TELEPHONE N0.

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

FORMCHECKBOX

SEE ADDENDUM

Water Tank Inspection and Cleaning for six (6) sites in various areas in the Angeles National Forest. See schedule and attached SPEC’s, Schedules, Maps, and Fire Plan for additional information regarding this Project.

See Schedule

ARE NOT ATTACHED

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

George Morrissey 31c. DATE SIGNED

12/15/09

Table of Contents Section B – Supplies or Services and Prices/Costs Schedule of Items

Section C – Description/Specifications/Statement of Work

Section D – Packaging and Marking

Section E – Inspection and Acceptance

Section F – Deliveries or Performance

Section G – Contract Administration Data

Section H – Special Contract Requirements

Section I – Contract Clauses

Section J – List of Documents, Exhibits, and Other Attachments

Section K – Representations, Certifications, and Other Statements of Offerors or Respondents Section L – Instructions, Conditions, and Notices to Offerors or Respondents

Section M – Evaluation Factors for Award

Attachment 1a – Tank Schedule

Attachment 2 – Fire Plan for Construction and Service Contracts

Attachment 3 – Tank Location Map

Attachment 4 – Monte Cristo Campground Tank Map

Attachment 5 – Messenger Flat/Lightening Point Tanks Map

Attachment 6 – Chilao Station Tank Map

Attachment 7 – Little Rock Tanks Map

Attachment 8 – Sycamore Flat Campground Tank Map

Attachment 9 – SCA Wage Determination

SECTION B

SCHEDULE OF ITEMS

OF MEAS.

ESTD.

QTY.

PRICE

AMOUNT

Tank Inspection and Cleaning for:

Chilao Station Tank

Lightening Point Tank

Little Rock Tanks

Messenger Flat Tank

Monte Cristo Campground Tank

Sycamore Flats Tank L.S.Q.

L.S.Q.

L.S.Q.

L.S.Q.

L.S.Q.

L.S.Q.

Job

Job

Job

Job

TOTAL

PRICE

SECTION C --DESCRIPTION/SPECIFICATION/WORK STATEMENT (Construction 12/02) C1 Scope: The contractor shall provide all materials, labor, and equipment necessary for the inspection, cleaning, and repair of water storage tanks on National Forest land.

Project Description: The major work for this project is to provide a comprehensive tank inspection and cleaning to tanks of varying size and construction (list attached) on the Angeles National Forest. The tanks in this project are either located in a remote location (300 to 600 feet beyond vehicle access) or contain narrow entry hatches (12 inches minimum dimension). Tank information and locations are included on the TANK SCHEDULE and TANK LOCATION MAPS. The Contractor shall provide all necessary staffing, equipment, and materials to complete the work. Following inspection and cleaning, the Contractor shall submit a written inspection report, an inspection video, and sufficient still color photographs to provide reasonable documentation of the condition of the tank.

C.2 Project Location: Throughout the Angeles National Forest. See attached maps.

C.5 Maps: Included in this solicitation.

C.6 Restrictions on Work: Due to the recent Station Fire, work on this project will not be allowed to begin until Spring 2010 when the threat of storms and potential flooding has significantly decreased.

C.7 Specifications Incorporated by Reference: None

C.7.1 Specifications Physically Incorporated in this Section: See attached Specifications.

C.8 Project Drawings: None

SECTION D – PACKAGING AND MARKING

This page intentionally left blank.

SECTION E – INSPECTION AND ACCEPTANCE

SECTION 02670

WATER TANK INSPECTION AND CLEANING

PART 1 - GENERAL

1.01

SCOPE

This work consists of furnishing all labor, equipment, and materials necessary for the inspection, cleaning, and repair of water storage tanks on National Forest land.

1.02 DESCRIPTION OF WORK

The major work for this project is to provide a comprehensive tank inspection and cleaning to tanks of varying size and construction (list attached) on the Angeles National Forest. The tanks in this project are either located in a remote location (300 to 600 feet beyond vehicle access) or contain narrow entry hatches (12 inches minimum dimension). Tank information and locations are included on the TANK SCHEDULE and TANK LOCATION MAPS. The Contractor shall provide all necessary staffing, equipment, and materials to complete the work. Following inspection and cleaning, the Contractor shall submit a written inspection report, an inspection video, and sufficient still color photographs to provide reasonable documentation of the condition of the tank.

1.03 REGULATIONS, REQUIREMENTS, STANDARDS, AND PROCEDURES

A. Tanks will be out of service during cleaning and inspection. Some tanks are currently dry and will not be filled prior to completion of the work. Divers and remotely operated vehicles (ROV) will not be considered for this work.

B. Due to the recent Station Fire, work on this contract will not be allowed to begin until Spring 2010 when the threat of storms and potential flooding has significantly decreased.

C. The contractor must have a minimum of five (5) years experience cleaning and inspecting water tanks.

D. All activities performed under this contract shall comply with health, safety, environmental, and fire codes, OSHA regulations, and with all current State, Federal, and local laws and regulations. The Contractor will be held directly responsible for any violations of these laws and resulting fines.

E. Any chemicals used on interior tank surfaces shall be NSF certified for potable water use.

F. Bids for cleaning potable water tanks should be based on a sediment depth of 2”.

1.04 USE OF GOVERNMENT FACILITIES

A. Security: The Contractor will be responsible for providing for the security of his equipment and materials delivered to the jobsite.

B. Storage: The Contractor’s work area shall be confined to the area immediately adjacent to the project, as approved by the Contracting Officer. The Contractor’s operations and storage of materials and equipment shall be confined to the immediate work area.

C. Water: Water for construction use is not available at all tank sites, but may be available at nearby Forest Service facilities. The Contractor is responsible for providing and hauling needed water to the site.

D. Sanitary: Contractor may use existing sanitary facilities. Reasonable care must be exercised when using them.

E. Project Safety: The Contractor shall be responsible for providing a safe work place. Signs identifying the work site as a hardhat area will be posted by the Contractor around the perimeter of the project.

1.05 MEASUREMENT AND PAYMENT

A. MEASUREMENT

Measurement and payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as included in the payment for items shown.

1. Tank Inspection and Cleaning – Tank Inspection and Cleaning will be measured as one lump sum quantity for each tank inspected and cleaned.

B. PAYMENT

The quantities as measured above will be paid for at the contract unit price designated in the Schedule of Items. Such payments shall be considered full compensation for completing this work in accordance with these specifications.

PART 2 - PRODUCTS

2.01

WATER

Only clean potable water shall be used for abandoning operation. Contractor-provided water shall be from a State certified potable water tender.

2.02 CLEANING CHEMICALS

Any chemicals used in cleaning shall be NSF certified for potable water use.

PART 3 - EXECUTION

3.01 CLEANING

A. Coordinate tank draining with the Contracting Officer. Tank draining can be performed by on-site Forest Service personnel the day before cleaning is to take place in order to minimize water service interruption to the facility.

B. Drain residual water in reservoir.

C. Remove and dispose of debris and sediment. Do not force debris into drain. All larger debris shall be collected within the tank and manually lifted out. Smaller mineral build-up and fine particulates may be flushed out the drain.

D. Scrub or pressure-wash all interior and exterior tank surfaces. Interior surfaces shall be washed with a cleaning agent NSF-certified for potable water use. Exterior surfaces may be washed using the same cleaning agent or water.

E. Final tank flushing and post inspection will be performed after cleaning activities are completed to document final tank condition.

F. Any chemicals used in cleaning shall be NSF certified for potable water use.

3.02

TANK INSPECTION

A. The inspector shall note the overall condition of the tank, including but not limited to the condition of internal and external walls, floors, hatches, vents, screens, ladders, welds, overflow structures, valves, floats, sediment accumulation, tank appurtenances, items in need of repair, safety and wear concerns, and other suggested upgrades.

B. Contractor shall submit a comprehensive inspection checklist detailing all areas of inspection with the bid submittal. The Contracting Officer will approve or amend the inspection list as necessary. Amended inspection lists will be sent to the awarded contractor for approval prior to the Notice to Proceed.

3.03

INSPECTION REPORT

A. A tank inspection report shall be submitted for each tank in the contract and, at a minimum, shall include the following:

1. Color photographs to document the current internal and external condition of the storage tank, including all problem areas.

2. Detailed notes of the inspector’s observations and comments corresponding to each photograph.

3. A summary of tank conditions.

4. A summary of tank recommendations for repairs and cleaning, including cost estimates for recommended repairs.

5. A schematic diagram of each reservoir showing location of each problem area and each photograph.

6. A narrated video of the facility describing condition of internal and external walls, floors, hatches, vents, screens, ladders, welds, overflow structures, valves, sediment accumulation, and other identified problem areas.

B. The report submittal for each tank shall include a digital copy of the written inspection report on CD, a bound hard copy of the written inspection report, and a copy of the inspection video on DVD.

3.03 CLEAN UP

Upon completion of all work and removal of equipment, the tank site shall be left in a clean and neat condition, free of all trash and debris. Forest Service trash containers may not be used for disposal of project trash and debris. The Contractor shall be responsible for the final disposal of project trash and debris off of Forest Service land.

END OF SECTION

SECTION F - Deliveries or Performance

Work Timing

The Contractor shall begin work within _____10_____ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date

Contract Time (Calendar Days)

Spring 2010

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items. Contractor shall complete all work on one item before proceeding to another.

SECTION G – CONTRACT ADMINISTRATION DATA

Contract Release. The following supplements the Payments clause in Section I:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Invoices.

A. Payment will be made from Contractor's invoice.

The following supplements Clause 52.232-1, Payments:

The Contracting Officer may retain up to 10 percent of the invoiced amount if the contractor is behind schedule at the time the invoice is presented. “Behind schedule” means that the percentage of work completed is less than the percentage of time used.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Emergencies

Fire Plan [ X] See Section J, Fire Plan [ ] Not applicable; however, Contractors are required to comply with State law during fire season.

SECTION I – CONTRACT CLAUSES

FAR 52.252-2

Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html 52.203-3 Gratuities (APR 1984)

52.204-7 Central Contractor Registration (APR 2008)

52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009) (Alternate II May 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

FORMCHECKBOX

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

FORMCHECKBOX

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

FORMCHECKBOX

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

FORMCHECKBOX

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

FORMCHECKBOX

(5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a)

FORMCHECKBOX

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

FORMCHECKBOX

(7) [Reserved]

FORMCHECKBOX

(8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644)

FORMCHECKBOX

(ii) Alternate I (Oct 1995) of 52.219-6.

FORMCHECKBOX

(iii) Alternate II (Mar 2004) of 52.219-6.

FORMCHECKBOX

(9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

FORMCHECKBOX

(ii) Alternate I (Oct 1995) of 52.219-7.

FORMCHECKBOX

(iii) Alternate II (Mar 2004) of 52.219-7.

FORMCHECKBOX

(10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

FORMCHECKBOX

(11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

FORMCHECKBOX

(ii) Alternate I (Oct 2001) of 52.219-9.

FORMCHECKBOX

(iii) Alternate II (Oct 2001) of 52.219-9.

FORMCHECKBOX

(12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

FORMCHECKBOX

(13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

FORMCHECKBOX

(14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

FORMCHECKBOX

(ii) Alternate I (June 2003) of 52.219-23.

FORMCHECKBOX

(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

FORMCHECKBOX

(16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

FORMCHECKBOX

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

FORMCHECKBOX

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

FORMCHECKBOX

(19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

FORMCHECKBOX

(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

FORMCHECKBOX

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

FORMCHECKBOX

(22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

FORMCHECKBOX

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

FORMCHECKBOX

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

FORMCHECKBOX

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

FORMCHECKBOX

(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

FORMCHECKBOX

(27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

FORMCHECKBOX

(28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

FORMCHECKBOX

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

FORMCHECKBOX

(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

FORMCHECKBOX

(30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

FORMCHECKBOX

(ii) Alternate I (Dec 2007) of 52.223-16.

FORMCHECKBOX

(31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

FORMCHECKBOX

(32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

FORMCHECKBOX

(ii) Alternate I (Jan 2004) of 52.225-3.

FORMCHECKBOX

(iii) Alternate II (Jan 2004) of 52.225-3.

FORMCHECKBOX

(33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

FORMCHECKBOX

(34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

FORMCHECKBOX

(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

FORMCHECKBOX

(37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

FORMCHECKBOX

(40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

FORMCHECKBOX

(41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

FORMCHECKBOX

(42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

FORMCHECKBOX

(43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

FORMCHECKBOX

(ii) Alternate I (Apr 2003) of 52.247- 64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

FORMCHECKBOX

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

FORMCHECKBOX

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

FORMCHECKBOX

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

FORMCHECKBOX

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

FORMCHECKBOX

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(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 right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(F) 52.222–36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(G) 52.222–39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(H) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222–54, Employment Eligibility Verification (Jan 2009).

(M) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110–247). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(N) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

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

(End of Clause) 52.215-2 Audit and Records - Negotiation (Alternate I) (MAR 2009) 52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

SECTION J - List of Documents, Exhibits, and Other Attachments Attachment 1a – Tank Schedule Attachment 2 – Fire Plan for Construction and Service Contracts Attachment 3 – Tank Location Map Attachment 4 – Monte Cristo Campground Tank Map

Attachment 5 – Messenger Flat/Lightening Point Tanks Map

Attachment 6 – Chilao Station Tank Map

Attachment 7 – Little Rock Tanks Map

Attachment 8 – Sycamore Flat Campground Tank Map

Attachment 9 – SCA Wage Determination

K - Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-2 Certificate of Independent Price Determination (APR 1985)

a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision _______________________________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Aug 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees

Average Annual Gross Revenues

50 or fewer

$1 million or less

51-100

$1,000,001-$2 million

101-250

$2,000,001-$3.5 million

251-500

$3,500,001-$5 million

501-750

$5,000,001-$10 million

751-1,000

$10,000,001-$17 million

Over 1,000

Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy…