S-10-0213_Combined Solicitation.Synopsis.doc

RECOVERY: THIS PROJECT IS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13.

(II) This solicitation is issued as a request for quote (RFQ). Submit written offers on RFQ Number AG-9702-S-10-0213, Inspection, cleaning and repair of 13 on ground, 3 partially buried, and 5 below ground concrete, fiberglass, gunnite, polyethylene and steel potable water storage tanks, located on 19 sites within the Cleveland National Forest. There are also options in this solicitation.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-33.

(IV) This solicitation is being issued as a Small Business Set Aside. The associated NAICS code is 221310. Water Supply and Irrigation Systems. The Size Standard is $7 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: Inspection and cleaning of above and below ground concrete and steel reservoir water storage tanks in accordance with the attached Schedule of Items.

(VI) Detailed description of requirements is included in attached Scope of Work.

(VII) Date(s) and place(s) of delivery and acceptance: 60 calendar days after receipt of order. Location of the storage water tanks are within the Cleveland National Forest as indicated on the attached maps. The Cleveland National Forest is located in San Diego/Riverside/Orange County, CA.

(VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (June 2008), applies to this acquisition.

(IX) Offers will be evaluated on their ability to meet the government’s requirements to include Price, Quality and Delivery.

(X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (June 2009), with their proposal or complete the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Provide written confirmation when offerors complete the ORCA.

(XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Mar 2009), applies to this acquisition.

(XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (June 2009) applies to this acquisition (subparagraphs are marked below). The additional following clauses apply:

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 52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant against Contingent Fees. (APR 1984)

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)

52.204-7 Central Contractor Registration (APR 2008)

52.211-6 Brand Name or Equal (AUG 1999) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 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:

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant against Contingent Fees. (APR 1984)

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)

52.204-7 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)

(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:

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

(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

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

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

(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).

(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:

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.).

(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.

52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limitation on Withholding of Payments. (APR 1984)

52.232-17 Interest. (OCT 2008)

52.232-23 Assignment of Claims. (JAN 1986)

52.233-1 Disputes. (JUL 2002)

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

52.237-3 Continuity of Services. (JAN 1991)

52.243-1 Changes - Fixed-Price. (AUG 1987) Alternative I (APR 1984) 52.244-6 Subcontracts for Commercial Items. (MAR 2009)

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

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

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

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

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

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

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

(iii) 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.

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

(v) 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(a)).

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

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

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

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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

52.246-25 Limitation of Liability - Services. (FEB 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988) 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 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)

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

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

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

(End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items – Alternate 1 As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (July 2005)

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

(2) 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 check as appropriate.]

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

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4)(i) 52.219-5, Very Small Business Set-Aside (June 2003) (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994).

_X_ (ii) Alternate I (Mar 1999) of 52.219-5.

__ (iii) Alternate II (June 2003) of 52.219-5.

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (July 2005) (15 U.S.C. 637(d)(4).

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

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

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (July 2005) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (11) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (12) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

__ (14) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (15) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (June 2004) (E.O. 13126).

__ (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

__ (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

__ (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

__ (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (22)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

_X_ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (23) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (24)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Jan 2005) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).

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

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

__ (25) 52.225-5, Trade Agreements (Jan 2005) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (26) 52.225-13, Restrictions on Certain Foreign Purchases (Mar 2005) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (27) 52.225-15, Sanctioned European Union Country End Products (Feb 2000) (E.O. 12849).

__ (28) 52.225-16, Sanctioned European Union Country Services (Feb 2000) (E.O. 12849).

__ (29) 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)).

__ (30) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

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

__ (32) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (33) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (34) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (35)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 and 10 U.S.C. 2631).

_X_ (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.]

__ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

__ (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.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (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.).

__ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) (May 1989) (41 U.S.C. 351, et seq.).

(d)(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, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

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

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

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION A-1

SCHEDULE OF ITEMS

BASE BID ITEMS

Clean and Inspect Potable Water Storage tanks:

Total Base Bid

OPTIONAL WORK ITEMS

Total Optional Bid

Total Base + Optional Bid

Award will be made to one contractor.

Forest Service Contact

Noelle Graham-Wakoski is the primary Forest Service contact for technical questions and information regarding the scope of work. She can be reached at (858) 674-2990 or ngraham01@fs.fed.us. There is no pre-bid site visit scheduled for this project.

Other Information

Bidders will submit bid proposal outlining cleaning and inspection costs per reservoir based on an assumed sediment depth of two inches. Sediment depth is calculated as an average sediment depth across the reservoir floor. This item is listed on the Schedule of Items as “Clean and Inspect” for each reservoir. This item includes cleaning of all underwater surfaces and inspection procedures as explained herein.

Bidder shall assume that all water tanks listed on the Schedule of Items are accessible by a four-wheel-drive vehicle pulling a trailer. Bidder shall also assume that all tanks listed on the Schedule of Items have a minimum 18”x18” entry access unless noted otherwise. If, after award, it is determined by the Contracting Officer and winning bidder that any tank is inaccessible by a four-wheel-drive vehicle pulling a trailer or that the entry is smaller than 18”, a contract modification may be negotiated or the tank will be removed from the contract.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

TECHNICAL SPECIFICATIONS

C.1.

Scope of Contract Provide all materials, labor, and equipment necessary for the inspection, cleaning, and repair of potable water storage tanks on National Forest land.

C.2.

Work Description The major work for this project is to provide a comprehensive tank inspection and interior cleaning to tanks of varying size and construction (list and site directions attached) on the Cleveland National Forest. The tank will be cleaned and inspected while full of potable water. The Contractor shall provide all necessary staffing, equipment, and materials to complete the work. Based upon specific tank deferred maintenance needs, the selected Contractor may be asked to perform small-scale repairs at a negotiated labor rate designated on the Schedule of Items. 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 reservoir interior.

C.3.

General Under no circumstances shall the Contractor allow any employee or person into the water tanks who is not certified in Confined Space Entry.

No camping will be permitted.

Contractor shall cleanup work site immediately following work and shall remove all project generated debris and containers off of National Forest land.

There is water, but not electricity at the project sites. Sanitation facilities are the responsibility of the Contractor.

C.4.

Days/Hours Of Operation and Schedules The Contractor's hours of operation shall be restricted to 7:00 am to 6:00 pm, Monday through Friday. In addition the work shall be shut down during the following periods. Work shall be shut down on Saturdays, Sundays and all Federally listed Holidays. Contract time has been adjusted to reflect these periods of shutdown.

The Contractor shall provide the Government with a complete work schedule describing the different work activities and when they will be initiated and completed at the Pre-work Conference. The Contractor will be expected to follow this schedule during the course of the contract or shall submit a revised schedule within 48 hours of any unforeseen delays or changes.

C.5.

Regulations, Requirements, Standards, and Procedures All work performed shall comply with Health, Safety and Fire Codes, NSF, ANSI (ANSI/ACDE-01-2009), AWWA (Including but not limited to Standard C652, Disinfection of Water-Storage Facilities; Standard D101-53, Inspecting and Repairing Steel Water Tanks, …, Reservoirs and Elevated Tanks, for water storage) OSHA regulations and/or applicable regulations established by local, County and State codes and ordinances.

As a minimum, any dive team used for this contract will comply with all Federal, State, and local laws and regulations.

Divers’ air supply must be sufficient to support the divers for the duration of the planned dives. A full second external air supply shall be available for back up in the event the primary air source fails.

Divers will have full time voice communication capability with surface personnel.

All equipment and diver (external gear) must be disinfected with a 200+ ppm chlorine solution immediately prior to entering potable water. Chlorine used shall be NSF certified for potable water uses.

Divers will use full dry suits in good repair dedicated for use in potable water. Neoprene or shell dry suits are not suitable for disinfection. Divers that cannot demonstrate to the satisfaction of the Contracting Officer that their suits are used exclusively in potable water applications will be required to use vulcanized rubber suits. The dive suit shall completely encapsulate the diver with no bare skin exposed, including hands. There shall be no contact of the mouth or head with the water during inspection.

Dive team will consist of a minimum of three (3) persons. If two (2) divers are submerged at the same time, a minimum of a five-person dive team is required. All members shall be properly trained in commercial diving and confined space entry. All divers are to meet or exceed ANSI/ACDE 01-2009 minimum training requirements. The Contractor shall submit commercial diving licenses and proof of confined space training for all members of the dive team prior to tank entry.

Contractor is responsible to adhere to all Federal and State of California safety and environmental laws applicable to this work. The Contractor will be held directly responsible for any violations of these laws and resulting fines.

The Contractor shall provide the Government with a complete work schedule describing the different work activities and when they will be initiated and completed at the Pre-work Conference. The Contractor will be expected to follow this schedule during the course of the contract or shall submit a revised schedule within 48 hours of any unforeseen delays or changes. Sodium Hypochlorite shall be NSF certified for potable water uses.

C.6.

Cleaning Cleaning procedures must combine adequate brushing of surfaces cleaned in addition to removing material from the tank by water suction. The non-chlorinated discharge water may be directed in the general direction of overflow drainage or into the overflow catch basin if available. Contractor shall monitor discharge flow rates in outfall structure. At no time shall the discharge flow rate be so great as to cause soil erosion to occur at or around the outfall of the discharge pipe. No chlorine or chlorinated water should ever be allowed to discharge or released onto the ground or into any nearby drainage or waterway. Contractor shall cleanup any unacceptable discharges of toxic or hazardous materials released onto the ground at their own expense.

The potable reservoir will be in service during cleaning. The cleaning procedures shall not create any visible turbidity in the water column. In addition to cleaning all sediment and other materials from the walls and floor of the reservoir, the diver will ensure that all sediment is removed from all floor or floor-to-wall seams, support column bases, plumbing fixtures and supports, man entries, or any other areas where the vacuum does not reach during normal floor cleaning. Brushing shall be done in conjunction with vacuuming to remove potentially hazardous biofilm. A stationary or fixed brush inside a vacuum head will be considered, provided that the Contractor’s methodology is thoroughly described and demonstrated to remove biofilm. Hydraulic jetting will not be considered. Sediment removal will be considered complete only when an unobstructed view of the tank bottom is achieved. The Contractor will provide sufficient photo or video evidence to demonstrate compliance.

Diving Contractor will have the ability to clean the vertical wall surfaces with similar equipment and procedures as used in cleaning the floor. Cleaning procedures must combine adequate brushing of surfaces cleaned in addition to removing materials from the reservoir by vacuum or water suction, and must be done in such a manner that does not create turbidity inside the reservoir. Wall cleaning will be performed during same dive as floor cleaning. Following tank cleaning, each tank shall receive a chlorine dose of 2 parts per million.

C.7.

Inspection Inspection will be performed according to NACE and ASNT standards. The Contracting Officer will approve or amend the comprehensive inspection checklist required with the original proposal as necessary. Amended inspection lists will be sent to the awarded contractor for approval prior to the Notice to Proceed. The Inspector shall note the overall condition of the tank, its appurtenances, items in need of repair, safety and wear concerns, and suggested upgrades.

C.8.

Inspection Reports and Videos Contractor shall provide inspection reports for each tank that will include high resolution still color digital photographs of all problem areas; detailed notes of the diver’s observations and comments corresponding to each photograph; a summary of tank conditions; a summary of tank recommendations; and a schematic diagram of each reservoir showing location of each image with a time stamp showing where the image may be found on the inspection video.

A high resolution color video with real time imprint and time log indicating where each feature or problem area may be found shall also be provided for each tank. Video will be narrated live by the divers, contractor’s on-site support personnel or government personnel at the time the video is recorded.

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.

C.9.

Repairs and Other Services The Contractor will be required to address a wide variety of tank maintenance and inspection needs. Repairs will be at the discretion of the Contracting Officer. The rates specified in Item 20 will apply to these repairs.

C.10.

Project Location Maps and Tank List The included Project Location Maps, Drawings and Tank Site Directions provide locations and information for each tank, including tank material, tank and hatch dimensions if available, and other information.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984)

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) F.2. AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is 60 calendar days from the effective date of the Notice to Proceed.

F.3. Schedule

Following award, the winning bidder will submit a proposed schedule of work to the Contracting Officer. The schedule may be updated and modified throughout the duration of the contract as circumstances dictate. The Contracting Officer may request changes to the schedule throughout the duration of the contract due to the current weather, forest, or unforeseen conditions.

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

SECTION J--LIST OF ATTACHMENTS

1. California Map

2. Site Directions

3. Wage Determination

4. Site plans and tank details (17 pages)

SECTION K – OFFEROR REPRESENTATIONS AND CERTIFICATIONS

FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (June 2009)

This information is also located in other parts of this solicitation

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

FAR 52.212-1, Instructions to Offerors -- Commercial Items (June 2008) Instructions for Proposal Submittal Offeror is required to return Sections A (SF1442), B (Schedule of Items), K (Certifications & Representations), and the Response to Evaluation Factors sheet (or its equivalent) in Section M when submitting an offer. Failure to do so may result in the offer being rejected.

The offeror shall submit a separate technical proposal only if such a proposal is listed as one of the evaluation factors in Section M. The proposal shall be written so that it shows clearly how the offeror proposes to meet the requirements of the solicitation (including necessary personnel and equipment) and shall address any specific criteria identified in Section M for evaluating technical proposals.

The offeror shall submit their electronic offer through the Electronic Response feature associated with this solicitation on the Federal Business Opportunities website, https://www.fbo.gov The instructions on submitting an offer utilizing the website can be found on page 35 of the user guide located at: https://www.fbo.gov/downloads/FBO_Guide.pdf Electronic responses are the PREFERRED method of submitting an offer. If the offeror does not have the technical capability to submit their offer electronically, they may submit one (1) printed copy and one (1) electronic copy on CD-ROM of their proposal that includes the items listed above.

All proposals shall arrive by the closing date for the receipt of proposals, February 24, 2010, at 2:00 p.m., Pacific Time.

Proposals will be received at: www.fbo.gov Written submissions with CD-ROM:

Mark for: RFP AG-9702-S-10-0213, March 4, 2010, 2:00PM…