AG-9702-S-10-0142 RFP.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0142

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

19 Feb 10

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

340659/ Forest Wide Toilet Facilities

6. PROJECT NO.

CIM #0310-19F

7. ISSUED BY

CODE

U.S. Forest Service

EROC-SW Contracting

1323 Club Dr.

Vallejo, CA 94592 See Section L – Instructions, Conditions and Notices to Offerors or Respondents for offer submittal requirements

9. FOR INFORMATION

CALL:

A. NAME

Dindo L. Laxamana B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 707-562-9120/ email: dlaxamana@fs.fed.us

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

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

SPECIAL NOTICE

*RECOVERY* - This solicitation is funded in whole or part by funds from the American Recovery and Reinvestment Act (ARRA).

This procurement action in being advertised under FAR Part 19 as a HUBZone Set-Aside.

Price Range The Government's estimate is: between $25,000 and $100,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 30 calendar days after receiving

FORMCHECKBOX

award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

FORMCHECKBOX

YES

FORMCHECKBOX

NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A.

Sealed offers in original and _____ copies to perform the work required are due at the place specified in item 8 by ________(hour). Local time __________(date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B.

An offer guarantee

FORMCHECKBOX

is, FORMCHECKBOX is not required.

C.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D.

Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include email address)

15. TELEPHONE NO. (Include area code)

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

FORMCHECKBOX

10 U.S.C. 2304(c)( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

26. ADMINISTERED BY

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FORMCHECKBOX

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

FORMCHECKBOX

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated

STANDARD FORM 1442 BACK (REV. 4-85)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

ARRA – Forest Wide Toilet Facilities Demolition, Santa Fe National Forest

JEMEZ RANGER DISTRICT

PECOS/LAS VEGAS RANGER DISTRICT

*NOTE: The government reserves the right to award, or not award OPTIONAL ITEMS.

ESPANOLA RANGER DISTRICT

TOTAL BID PRICE (ALL ITEMS) $ _____________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

This project consists of the following work items.

· The demolition and removal of the existing toilet facilities. Project sites are located on the Jemez Ranger District, Pecos/Las Vegas Ranger District, and the Espanola Ranger District.

· Proper abandonment OR removal of each associated vault. Abandonment shall be completed in accordance with New Mexico Environment Department 20.7.3.307 Standards; Abandoned Sewers and On-Site Liquid Waste Systems.

· Demolition and removal of any and all associated features such as a concrete foundation, or privacy walls or any other structure as noted in the specifications or drawings for removal.

· Furnish and install ARRA signs at each location.

· All buildings proposed for demolition will be free of all regulated lead-based paint and asbestos containing materials. A copy of the Lead Based Paint and Asbestos report and abatement for each toilet facility will be available at a later date. Report will be furnished before effective date of Notice to Proceed for demolition is issued.

JEMEZ RANGER DISTRICT

1. SAN DIEGO CANYON OVERLOOK- Jemez Ranger District

· Demolish and remove one double unit toilet facility, wood constructed, asphalt shingles, and a 500 gallon concrete vault. Note: 12 CY of backfill material is needed to bridge access the existing toilet facility as well as the removal of several large boulders prior to demolition.

· Year toilet facility constructed: 1966

· There are no operating season restrictions.

· This restroom facility and overlook is open year round.

· Water and electricity are not available at this site.

· PROJECT LOCATION: Starting from the Jemez Ranger Station located at 051 Woodsy Lane, Jemez Springs, NM 87025 travel north on highway 4 for approximately 6 miles. San Diego Canyon Overlook will be on the right (east) side of the road.

· T19N R3E Section 21

· Sandoval County, New Mexico

· Nearest big city: Jemez Springs, NM

2. SEVEN SPRINGS DAY USE PICNIC AREA- Jemez Ranger District

· Demolish and remove four single unit fiberglass toilets and their associated shared vault. Note: Each pair of toilets share one vault for a grand total of two vaults, each 1,000 gallons to be decommissioned.

· Year toilet facility constructed: 1959

· Operating Season:

· Inclusive dates during which construction is NOT permissible: 3/01 – 8/31.

· Day Use Area is normally open from May 1st to January 1st or as weather permits.

· Water and electricity are not available at this site.

· PROJECT LOCATION: Starting from the Jemez Ranger Station located at 051 Woodsy Lane, Jemez Springs, NM 87025 travel north on highway 4 for approximately 7 miles. Where the road junctions with State Road 126. Take a left on State Road 126 for 11 miles. Take a right at the New Mexico State fish hatchery and the road dead-ends at Seven Springs Day Use Area.

· T20N R2E Section 25

· Sandoval County, New Mexico

· Nearest big city: Jemez Springs, NM

PECOS/LAS VEGAS RANGER DISTRICT

3. OAK FLATS DAY USE AREA

· Demolish and remove two individual fiberglass toilet facilities, their shared vault, and all associated materials such as the privacy walls, and concrete pad.

· Year toilet facility constructed: 1961

· There are no operating season restrictions.

· The campground is normally open from May 1st to November 1st.

· Water and electricity are NOT available at this site.

· PROJECT LOCATION- OAK FLATS DAY USE AREA: Oak Flats Day Use Area may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the left on Forest Service Road 263 for 3 miles. Oak Flats is on the left.

· T17N R14E Section 14

· San Miguel County, New Mexico

· Nearest Big City: Las Vegas, NM

4. EV LONG CAMPGROUND

· Demolish and remove three toilet facilities and all construction debris at EV Long Campground. Each facility is a 7’x8’ wood construction building, asphalt shingles, and a 1,000 gallon concrete vault capacity.

· Year toilet facility constructed: 1961

· There are no operating season restrictions.

· The campground is normally open from May 1st to November 1st.

· Water and electricity are NOT available at this site.

· PROJECT LOCATION- EV LONG CAMPGROUND EV Long may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the left on Forest Service Road 263 for 2.5 miles. Turn left on Forest Road 156 and EV Long Campground is on the right side of the road.

· T17N R14E Section 13

· San Miguel County, New Mexico

· Nearest Big City: Las Vegas, NM

5. HOLY GHOST CAMPGROUND- OPTIONAL ITEM

· Demolish and remove four existing toilet facilities, their associated concrete pad, their associated 1,000 gallon vault each, privacy walls, existing asphalt pathways, and demolish and remove all other noted items to be removed as listed on the site plan.

· Year toilet facility constructed: 1988

· Operating Season:

· Inclusive dates during which construction is NOT permissible: 5/31 – 10/14. Contractor must obtain Forest Service resource approval prior to commencing construction. Start of construction will depend on Forest Service resource survey and findings.

· Campground is normally open from May 1st to November 1st.

· Water and electricity are not available at this site.

· PROJECT LOCATION: Traveling north on I-25 from Santa Fe, until the Pecos/Glorieta (Exit 299). Take this exit and turn left onto State Road 50 (less than a quarter mile). Take a a right at State Road 50 (where the road splits) and travel for about seven miles. At the junction of State Road 50 and State Road 63, take a left on State Road 63 for approximately 11 miles. Turn left before crossing a bridge over the Pecos River onto Forest Road 122. The road is a single lane road that deadends into the campground.

· T18N R12E Section 20

· San Miguel County, New Mexico

· Nearest Big City: Las Vegas, NM

6. DALTON FISHING AREA

· Demolish and remove one double unit brick facility with a 1,000 gallon concrete vault.

· Year toilet facility constructed: 1965

· There are no operating season restrictions.

· This restroom facility and site is open year round to the public.

· Water and electricity are not available at this site.

· PROJECT LOCATION: Traveling north on I-25 from Santa Fe, until the Pecos/Glorieta (Exit 299). Take this exit and turn left onto State Road 50 (less than a quarter mile). Take a a right at State Road 50 (where the road splits) and travel for about seven miles. At the junction of State Road 50 and State Road 63, take a left on State Road 63 and travel for approximately 5 miles. Dalton is on the right (east) side of the road.

· T16N 12E Section 5

· San Miguel County, New Mexico

· Nearest Big City: Pecos, NM

7. COWLES CAMPGROUND

· Demolish and remove one double unit wood constructed toilet with a 1,000 gallon concrete vault.

· Year toilet facility constructed: 1988

· There are no operating season restrictions.

· PROJECT LOCATION: Traveling north on I-25 from Santa Fe, until the Pecos/Glorieta (Exit 299). Take this exit and turn left onto State Road 50 (less than a quarter mile). Take a a right at State Road 50 (where the road splits) and travel for about seven miles. At the junction of State Road 50 junctions with and State Road 63, take a left on State Road 63 and travel for approximately 17 miles. Just past Cowles Ponds, the road will fork. Take a left at the fork and travel for .1 mile. Cowles Campground is on the left side of the road.

· T18N R12E Section 3

· San Miguel County, New Mexico

· Nearest Big City: Pecos, NM

8. EL PROVENIR

· Demolish and remove two double unit wood constructed toilet facilities, each with a vault capacity of 1,000 gallons. Vaults must be excavated, removed, and disposed of at a state approved landfill. They vaults must not stay in the ground.

· Year toilet facilities constructed: 1963

· Demolition and removal may NOT occur between the months of March 1 to August 31st. However a resource survey may be completed at Toilet installation or construction may NOT occur from March 1st to August 31st. Forest Service may perform additional surveys at a later date to determine whether or not timing restrictions are necessary. Forest Service must approve in writing, any work to be conducted during timing restriction.

· The campground is normally open from May 1st to November 1st.

· Water and electricity are NOT available at this site.

· PROJECT LOCATION- El Porvenir may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the right on Hwy 65 for 2.5 miles. El Porvenir is on the right side of the road.

· T17N R14E Section 13

· San Miguel County, New Mexico

· Nearest Big City: Las Vegas, NM

9. BAKER FLATS DAY USE AREA

· Demolish and remove one double unit fiberglass toilet facility. Vault must be excavated and removed and hauled to an approved landfill.

· Year toilet was constructed: 1961

· There are no operating season restrictions.

· The Day Use area is normally open from May 1st to November 1st.

· Water and electricity are NOT available at this site.

· PROJECT LOCATION: Baker Flats may be reached by traveling from the Las Vegas Ranger Station located at 1926 North 7th, Las Vegas, New Mexico 87701. Travel west on Highway 65 for approximately 13 miles. The road will then fork - stay to the left on Forest Service Road 263 for 3 miles and Baker Flats Day Use is located less then one mile past Oak Flats Day Use Area on the left side of the road.

· T17N R14E Section 14

· San Miguel County, New Mexico

· Nearest Big City: Las Vegas, NM

ESPANOLA RANGER DISTRICT

10. BORREGO MESA CAMPGROUND

· Abandon in place the existing 500 gallon concrete vault. Break concrete top, backfill, and re-contour site. There is no structure to demolish at this site.

· There are no operating season restrictions.

· This campground is normally open May 1st to around October 31st pending weather.

· Water and electricity are not available at this site.

· PROJECT LOCATION: Starting from the Espanola Ranger Station located at 1710 North Riverside Drive, Espanola, NM 87532 travel south on State Highway 68 for 1.4 miles and turn east on State Road 76. Travel for 13.6 miles and turn south on Forest Service Road 440/County Road 80 for 1.5 miles. Merge onto Forest Service road 306 for approximately 5 miles.

· T20N R11E Section 9

· Santa Fe County, New Mexico

· Nearest Big City: Espanola, NM

See attachments listed on Section J for full specification, scope and description.

C.2 Project Location

The project is located on the Jemez ranger District, Pecos/Las Vegas Ranger District, and the Espanola Ranger District. See map attachment on Section J.

C.3 Applicable Specifications and Materials Certifications

(a) Specifications not listed, but referenced by other Standard Specifications, shall also be applicable to this document.

(b) All requirements contained on the Section J are hereby made a part of this solicitation and any resultant contract and are attached.

(c) Submittals:

Contractor shall submit the following:

· Construction Schedule

· Names of sub- contractor (if any)

· Landfill disposal receipts

Approval or Rejection Time allowance: The government will review submittals and approve or reject submittals within 10 calendar days of their receipt by the Contracting Officer or C.O.R.

See attachments listed on Section J for full specifications, scope and description.

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

AGAR 452.211-73 Attachments To Statement Of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Inspections

Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer’s Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections.

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract within 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 30 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

Work Timing Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1

GOVERNMENT-FURNISHED PROPERTY

Asbestos and Lead Based Paint Sample/Testing/Removal Report for each toilet facility.

G.2

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. If a disagreement exists as in regards to the contract, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 LANDSCAPE PRESERVATION

(a) Erosion Control Measures:

Contractor shall minimize sediment laden water from entering any body of water. Check dams, sediment fences, or other means of erosion control will be the responsibility of the contractor to be installed for the protection of streams, lakes, rivers etc.

(b) A Silt fence shall be installed as shown in the drawings or on the downside slope.

(c) Stockpiles and construction debris shall not be located within 100 feet of any body of water.

(d) Silt fences shall remain in place until the project area has been seeded and mulched.

(e) Silt fences shall be removed only, upon completion of entire project by contractor.

(f) Landscape preservation

· The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits.

· Pollutants such as fuels, lubricants, bitumen’s, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto.

· Prevention of Oil Spills - If the Contractor maintains storage facilities for oil or oil products on project Area, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States.

H. 2 PLAN FOR WEATHER-CAUSED SUSPENSIONS OF WORK

The Contractor shall prepare a plan for weather-caused suspensions of work to ensure preservation of resources affected on the work site or sites. The plans shall be consistent with the requirements of section H.19 LANDSCAPE PRESERVATION clause contained in this contract. The plan shall be submitted in writing to the Contracting Officer for review and, if acceptable, will be approval within 5 days of receipt.

EXPECTED WEATHER CONDITIONS:

Weather conditions suitable for ground excavation are normally expected April through September. Expect rain and thunderstorms during monsoon seasons from June to August. Light to moderate snowfall and night freezing is common throughout the winter.

H.3 USE OF PREMISES

(a) Forest Service Regulations for Use of Campground prohibits occupancy of developed recreation sites for other than primarily recreation purposes. One camp unit will be allowed at the project site for use by a watchman.

(b) A storage site will be permitted at a designated site within the project area. The Forest Service assumes no liability for materials stored within the storage site. The Contractor will be allowed to erect a temporary fence to secure materials and equipment, however, the fence shall be removed and the site restored prior to final acceptance of the contract.

H.4 CLEANING OF EQUIPMENT

Cleaning of Off-Road Equipment used by the Contractor for contract work shall be conducted outside the boundary of any National Forest Service land prior to moving each piece of equipment onto the project. The Contractor shall notify the Forest Service prior to moving each piece of equipment onto the project. Upon request from the Forest Service, arrangement will be made for Forest Service to inspect each piece of equipment prior to it being placed into service. The Contractor shall use cleaning methods necessary to ensure equipment is free of all attached mud, dirt, and plant parts. If noxious weeds are present at a project site, cleaning may also be required before moving between locations within the same project. These measures will assist to prevent the introduction/spread of the seeds of noxious weeds onto National Forest land. The Contractor shall certify in writing, compliance with the above requirements. "Off-road Equipment" includes all machinery other than log truck, chip vans, pickup trucks or vehicles used to transport personnel on a daily basis.

PART II--CONTRACT CLAUSES

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) 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)

52.215-2 Audit and Records – Negotiation Alternate 1 (MAR 2009)

52.219-3 Notice of Total HUBZone Set Aside (Jan 1999)

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)

52.222-8 Payrolls and Basic Records (FEB 1988)

52.222-9 Apprentices and Trainees (JUL 2005)

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

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

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

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 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)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

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

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)

52.232-5 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 (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

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)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.246-21 Warranty of Construction (MAR 1994) 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)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

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

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

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

“Registered in the CCR database” means that—

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

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

(b)

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

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

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

(1) An offeror may obtain a DUNS number—

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

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

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

(g)

(1)

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

(A) Change the name in the CCR database;

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

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

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

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

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

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 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 http://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.

(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.

(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.

(End of clause) FAR 52.219-3 - Notice of Total HUBZone Set-Aside (Jan 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the list of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in a performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

FAR 52.225-21 — Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction…