AG-9702-S-10-0470 RFP.doc

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9702-S-10-0470

2. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

3. DATE ISSUED

24 June 2010

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

372008 / Clearing and Trail Features Construction, Apache National Forest

6. PROJECT NO.

CIM #0306-22T

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. The response due date is 2:00 pm (PDT), 24 July 2010

9. FOR INFORMATION

CALL:

A. NAME

Alfredo Lansangan B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 707-562-9173 email: alansangan@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 Total Small Business Set-Aside.

Price Range The Government's estimate is: between $250,000 and $500,000.

11. The Contractor shall begin performance within 10 calendar days and complete it within 210 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

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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

DUNS #:____________________

TIN #: ______________________

Email:______________________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Contract

This contract is to acquire services for corridor clearing and trail features construction along approximately 30 miles of CDT and 5 miles of spur trails on the Quemado Ranger District. Clearing consists of trimming and removing trees, logs, limbs, branches, brush, plants, and other vegetation within the clearing limits. Trail features construction activities include tread construction, rock cairn installation, rock waterbar installation, treated timber waterbar installation, and sign post installation.

The contractor shall furnish all labor, materials, equipment, tools, transportation and supplies, and shall perform all work required to complete the project in accordance with the drawings, specifications and provisions of the contract. Initial Construction Staking shall be provided by the government with this contract.

The trail Corridor Clearing and Trail Features Construction is comprised of six phases (refer to attached map as identified in section J). Work shall begin with Phase One at the south end of this project and proceed north. With the exception of Phase Three, each trail phase shall have construction completed prior to beginning the next phase. During trail construction activities situations may arise that warrant deviatons to the described progression of work. The contractor shall obtain approval from the COR for any necessary deviations.

Note - There are approximately 8 miles of trail located on existing roads or excavated pipelines. These sectons will require only minimal clearing and tread work. Detailed information will be provided at the prebid meeting.

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

C.2 Project Location and Direction to Work areas Location: The Apache National Forest, Quemado Ranger District, administered by the Gila National Forest and located in Southwest New Mexico. The CDT project area is located on the Quemado Ranger District, Townships 1S, 2S, 3S & 4S, Range 14W and 15W. The Mangas Lookout Spur Trail branches east from the CDT in Township 3S, Range 15W, Sections 13 and 24 and Range 14W, Sections 16, 17 and 18. The Valle Tio Vinces Campground Spur Trail branches east from the CDT in Township 3S, Range 15W, Section 24 (refer to attached map).

See maps attachment in Section J.

C.3 Specifications References: All work shall conform to descriptions and specifications as Found in “Standard Specifications for Construction and Maintenance of Trails” (USDA Engineering publication EM-7720-103, available on the web at: http://www.trailbuilders.org/resources/books1.html), and as described in the Forest Service Handbook (FSH) 2309.18 Section 23.12, Design Parameters, Trail Class 2. (see attachment 2 as identified in section J)

PROJECT SPECIFICATIONS

Staking, Flagging

Section 908.02 - Construction

The Government will set initial construction stakes, flagging, control points, and furnish the contractor with all necessary information relating to lines, slopes, and grades. These stakes and flagging constitute the field control.

Route stakes are set at the centerline of the trailbed.

Do not perform work in the absence of field control points. If any control points are destroyed, displaced, or erroneous, notify the Contracting Officer’s Representative (COR).

Clearing and Grubbing

911.01 - Work

This work consists of clearing, grubbing, trimming and removing, trees, logs, limbs, branches, brush, plants, and other vegetation within the clearing limits.

Also included are the protection from injury or defacement of trees and other objects not designated for removal and the treatment of damaged trees (broken, hanging branches, inadvertent damage while clearing).

911.02 - Clearing Limits

Clear to the dimensions SHOWN ON THE ATTACHED DRAWING TITLED “CLEARING LIMITS” or 12" beyond the fill and backslope catch points, whichever is greater.

911.03 - Material to Be Cleared

Remove and dispose of trees, logs, limbs, branches, brush, herbaceous plants, and other vegetation within the clearing limits, except for the following:

a) Live, sound, and firmly rooted trees greater than 9” DBH.

b) Live brush, herbaceous plants, and trees between the trailway and the clearing limits that are less than 12" in height and less than 3/8” in diameter at ground line.

Except as provided above, remove all limbs and branches more than 3/8” in diameter that extend into the clearing limits of the trail. Cut limbs flush with the tree trunks or stems or cut at the ground surface as SHOWN ON THE ATTACHED DRAWING TITLED “CLEARING LIMITS”.

911.05 – Removal of Stumps

Remove all stumps within the trailbed. Remove stumps located between the edge of the trailbed and the edge of the trailway that cannot be cut flush with the finish slope or that are not tightly rooted.

911.06 - Disposal of Clearing Slash, Logs, Brush, and Roots

Do not place clearing slash, logs, brush, or roots in concentrated piles. Scatter all logs, limbs, lopped tops, brush, and grubbed stumps and roots below the trailway and outside the clearing limits so as debris is not readily visible to hikers, with the following exceptions:

(a) Where the side-slope above the trail is less than 10 percent, material may be scattered above the trail if not readily visible to hikers.

(b) Logs may be left on the uphill side of the trail if they are placed so that they will not move into the clearing limits.

For information purposes only, it is estimated there are 35 miles of trail (of which approximately 8 miles are located on existing roads or excavated pipelines) requiring clearing and grubbing operations. Contractors shall be responsible for validating this information prior to formulating proposals. This item is inclusive to this project.

Tread Construction

912.01 - Work

Work consists of the excavation to mineral soil and placement of excavated material, regardless of its nature, from within the trailway.

Includes excavation, embankment, and backfill construction required to shape and finish the trailbed, ditches, backslopes, fill slopes, drainage dips, spillways, trail passing sections, and turnouts.

Also includes excavation and embankment work required to construct shallow stream fords and gully crossings, talus and rubble rock sections, and climbing turns.

Protrusions may be no more than 6” in height. The tread will be native material, continuous and discernible averaging 24” in width, but not less than 12”at any point.

Trail construction shall conform to Design Parameters, Trail Class 2, Pack and Saddle Designed Use. (Refer to attachment)

912.03 - Use and Disposal of Excavated Material

Conserve and use all suitable material for specified work. Conserve excess excavated rock suitable for specified project work and use in place of materials from designated sources.

Remove all duff and debris from within trailway limits and uniformly spread outside the clearing limits, not more than 4" in depth. Do not obstruct drainages or create piles, berms, or windrows of debris.

Place excess and unsuitable excavation beyond the downslope edge of the trailbed. Do not obstruct drainage and spread to a depth not exceeding 4". This includes any material removed in the grubbing operation and deposited in the same area. Place rocks over 4" in greatest dimension not used in construction beyond the hinge point on the downslope side. Place rocks so that the tops are at least 6" lower than the trailbed surface. Ensure that no blockage of drainage or creation of a windrow effect occurs. Disposal of over burden material will be to a location designated/approved by the COR.

For information purposes only, it is estimated there are 35 miles of trail (of which approximately 8 miles are located on existing roads or excavated pipelines) requiring tread construction. Contractors shall be responsible for validating this information prior to formulating proposals. This item is inclusive to this project.

922 – Waterbar Installation

This work consists of installing waterbars in order to adequately drain water off the trail. Install rock or treated timber waterbars as SHOWN ON ATTACHED DRAWINGS TITLED “Rock Waterbar” and “Log or Treated Timber Waterbar”, and at the locations as DESIGNATED ON THE GROUND. Waterbar locations will be identified on the ground with pin-flags or stakes with the word “rock waterbar” or “timber waterbar” written on it.

922.05 - Rock Waterbar - Tightly embed selected rocks into the trailbed. Place waterbar rocks with tops relatively even, with no sharp points. Use rocks with lengths greater than or equal to 1.5 times the width.

922.06 - Treated Timber Waterbar. Embed treated timbers into the trailbed to form a waterbar across the trail. In the absence of a backslope, anchor the upgrade end of the timber waterbar in the same manner as the downgrade end.

For information purposes only, it is estimated there are 180 rock waterbars and 20 treated timber waterbars. Contractors shall be responsible for validating this information prior to formulating proposals. These items are inclusive to this project.

952.06 - Cairn Installation

This work consists of constructing rock cairns AS SHOWN ON DRAWING TITLED “Rock Cairn Construction”. Rock cairns are used to mark the trail. In general, cairns should be constructed on the uphill side of the trail in a location that can be seen easily from both directions of travel. Cairn locations will be identified on the ground with pin-flags or stakes with the word “CAIRN” written on it.

For information purposes only, it is estimated there are 26 rock cairns. Contractors shall be responsible for validating this information prior to formulating proposals. These items are inclusive to this project.

952.03 - Sign Post Installation

Posts shall be 4” X 4” pressure treated (Preservative Type ACQ/CCA-C, Net Retention: 0.40 LB. / C. F.). Install posts as described and SHOWN ON DRAWING TITLED “Sign and Post Installation”. Dig post hole width not more than three times the width of the post, and to the depth. If necessary because of obstacles, the post hole may be moved within the tolerances. Compact suitable material between the post and the post hole in 4" layers to produce a solid and plumb installation. Stabilize the post with rock mounds. Sign Post Installation locations will be identified on the ground with pin-flags or stakes with the words “Sign Post” written on them.

For information purposes only, it is estimated there are 110 sign posts. Contractors shall be responsible for validating this information prior to formulating proposals. These items are inclusive to this project.

SUPPLEMENTAL CONTRACT SPECIFICATIONS

STAKING, FLAGGING - CLEANUP

The Government will set initial construction stakes or flagging, and control points, and furnish the contractor with all necessary information relating to lines, slopes, and grades. These stakes and flagging constitute the field control. The contractor shall furnish and maintain all additional stakes, flagging, templates, batter boards, and other materials and supplies necessary for marking and maintaining points and lines as established.

Do not perform work in the absence of field control points. If any construction control points are destroyed, displaced, or erroneous, notify the Contracting Officer’s Representative (COR). Uniformly contour alignment and construct grade from control point to control point.

The contractor shall remove all construction stakes, tags, flagging, and plastic ribbon from the project area within 7 days after the final inspection of all other work on the project. Dispose of all stakes, tags, flagging, and plastic ribbon off Government-administered lands unless otherwise designated.

Work Site Controls

1. The trail will be constructed to Trail Class 2 Design Parameters for Pack and Saddle Designed Use (see attachment). The tread will be native material, continuous and discernible averaging 24” in width, but not less than 12”at any point. No switch backs are needed.

2. Where the trail intersects a fence, wires may be cut and pulled back to accommodate work activities. The contractor shall make a temporary wire gate to function in place of the fence. The gate shall remain closed when the contractor is not actively working at the gate location.

3. Phase Three as shown on project map is within and directly adjacent to Mexican Spotted Owl Protected Activity Centers no work activity will be allowed during the breeding season (March 1st to August 31st).

4. Follow design guidance in the “Standard Specifications for Construction of Trails” (EM-7720-103) to minimize impact to water quality.

5. In the event archaeological deposits or human remains are encountered during project implementation, all activities shall cease in the immediate area and the COR will be contacted immediately.

6. Accessing the trail during wet weather conditions may be limited, and cause unnecessary resource damage. Determination will be made by the COR to suspend actions during such times.

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

C.4 Work Restrictions Note - Phase Three: Township 3S, Range 14W, Sections 16, 17 and 18; Township 3S, Range 15W, Sections 13, 14, 15 and 24 is within or directly adjacent to Mexican Spotted Owl (MSO) Protected Activity Centers (PACs). Because of this, no work activity shall occur in Phase Three during the breeding season (March 1st to August 31st).

C.5 Contract Time

With the exception of allowances for severe weather conditions, all phases of this project shall be completed within 210 days of Notice to Proceed.

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.

Inspections will be performed by random field checks by the Contracting Officer’s Representative or Inspector to ensure that the contractor is performing in accordance with the specifications in the contract.

Work not completed to the specifications outlined in this contract shall be rejected and redone at the contractor’s expense.

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 210 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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

None 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.

G.3 OBLIGATIONS OF THE CONTRACTOR

The Contractor’s employees shall exhibit safe working practices when performing all work.

Before work begins, the Contractor shall designate, in writing, the person, or persons who shall represent the Contractor during any absence from the project site. In the designation, the contractor shall describe the areas of responsiblility assigned to the representative. Designated representative(s) shall be fully conversant in the English language, and the Contractor and representatives shall be able to fully communicate with all parties, including crew. When work is being performed the designated contractor’s representative shall be on site.

G.4 Payment for the contract work will be made only for and under the pay item included in the Schedule of Items. All other work and materials will be considered as inclusive to the project and included in the payment for item shown.

Payment is based on completed and accepted miles of constructed trail. Payment will be made under :

Pay Item

Pay Unit Type Trail Construction

Mile

AQ

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CAMPING/CAMP OPERATIONS

H.1.1 Campsite locations must be pre-approved in writing by the District Ranger.

H.1.2 Camps may be set up a maximum of five (5) days prior to use. Camps and equipment shall be removed within five (5) days after use unless approved in advance by the appropriate District Ranger.

H.1.3 The boughs or branches from live trees may not be utilized for camp or other use. Use of dead, native material for camp accessories such as hitch and hanging rails and tent frames shall be permitted. When camps are dismantled, native materials shall be scattered or placed so they blend into the natural setting. Campsites will be restored to as natural a condition as possible.

H.1.4 All camps will be kept in a clean and orderly condition.

H.1.5 Temporary pit toilets are required at camps with five (5) or more people, occupied longer than one day. Toilets shall be located out of floodplains and at least 10 feet from live water. Pits shall be of sufficient depth to permit covering with at least one foot of soil to ground level after use.

H.1.6 Camps shall be located a minimum of 1000 feet from streams; 300 feet from springs; 300 yards from isolated water sources; and 30 feet from system trails where topography allows.

H.2 VEHICLE USE ON THE TRAIL

Motorbikes, ATV/UTV, mini excavators and other related type vehicles are considered trail construction equipment. Any other type of vehicle shall not be permitted unless approved in writing by the COR.

Cross-country movement of equipment shall not be permitted unless approved in writing by the COR.

H.3 LIVESTOCK OPERATIONS

H.3.1 Manure piles shall be scattered.

H.3.2 Temporary electric fence corrals are authorized for control of livestock. Such corrals will be located away from trails and water, and the electric fence and all hardware will be removed after each use.

H.3.3 Tied Livestock must be high lined.

H.3.4 All supplemental feed must be certified as weed free.

H.4 Leave No Trace (LNT) Outdoor Ethics H.4.1 Contractors will ensure the following LNT ethics are observed:

H.4.2 Pack it in, Pack it out.

H.4.3 Inspect campsites and rest areas for trash or spilled foods. Pack out all trash. Deposit solid human waste in cat-holes dug 6 to 8 inches deep at least 200 feet from water, camp, and trails.

H.4.4 Choose established legal campsites that will not be harmed by stay. Keep pollutants out of water sources.

H.4.5 Do not damage historical structures or remove any artifacts.

H.4.6 If cooking fires should be necessary, keep fires small. Use only dead, downed wood that can be broken by hand. Put out campfires completely. When fires are out, restore campfire area back to original condition.

H.4.7 No feeding of wildlife will be permitted.

H.4.8 All food, supplies and trash must be appropriately stored if camping area should be left unattended.

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)

52.204-4 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)

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

52.219-14 Limitations on Subcontracting (DEC 1996) 52.219-28 Post-Award Small Business Program Representation (APR 2009)

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)

52.243-4 Changes (JUN 2007)

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)

52.203-15 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.

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

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