Solicitation.doc

SOLICITATION AG-9A63-S-12-0004

STANISLAUS NATIONAL FOREST

SNOW GROOMING

UNDER DPAS (15 CFR 700)

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

USDA FOREST SERVICE

Central California Acquisition Service Area

631 COYOTE STREET, NEVADA CITY, CA. 95959

Same as #7, Attn: Contracting

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

SOLICITATION – SNOW GROOMING, SUMMIT RANGER DISTRICT, STANISLAUS NF

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

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

FORMCHECKBOX

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

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

PART 1, SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES, AND PRICES/COSTS

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY:

Signature

Phone

Vendor Name

FAX

Address

Email

STATEMENT OF WORK - SNOW GROOMING

SUMMIT RANGER DISTRICT - STANISLAUS NATIONAL FOREST

1. SCOPE OF CONTRACT

The Contractor shall furnish all labor, equipment, supplies, insurance, incidentals, and transportation necessary to perform snow grooming of snowmobile trails to provide a smooth surface, upon which an average snowmobile user can travel up to a safe speed of 45 MPH on Highway 108 and 30 MPH on Road 5N01 on the Summit Ranger District, Stanislaus National Forest.

2. DESCRIPTION AND LOCATION

The Highway 108 winter parking area is located 8.5 miles east of the Summit Ranger District office.

a) The trails to be groomed consist of the following:

1. Highway 108 from the winter closure point to Kennedy Meadows Road, a distance of 18.5 miles one way.

2. Forest Service road 5N01, Eagle Meadow Road, is 7.0 miles from its junction with Highway 108, the Eagle Creek crossing.

3. CONTRACTOR FURNISHED PROPERTY

a) TRAIL GROOMING TRACTOR SPECIFICATIONS – Minimum of one snow grooming tractor that is self-propelled over-the-snow tracked vehicle constructed specifically for the snow grooming. The vehicle shall be capable of being operated under varying conditions ranging from snow trail to cross-country travel in deep snow covered mountainous terrain. The vehicle shall meet the following requirements:

1) MAXIMUM HOURS – Maximum hours of use on the vehicle shall not exceed 10,000 hours, unless the Contracting Officer approves a waiver to the 10,000 hour requirement. Note: If a waiver is to be requested it must be included in the Contractor’s technical proposal. The waiver must include a statement by a certified mechanic that the snow grooming vehicle is in good overall running condition and must list all improvements, reconditions, and upgrades.

2) VEHICLE WIDTH – The Total overall width of the vehicle shall be a minimum of 12 feet and a maximum of 16 feet.

3) TRACK WIDTH – Each track shall be at least 42 inches in width.

4) TRAVEL/CLIMBING ABILITIES – The vehicle shall have sufficient track and power to pull a 12 foot minimum wide approved grooming drag with all attachments, under full load on a sustained basis, up all grades on this particular trail system at site elevations up to 8,000 feet.

5) ENGINE – The vehicle shall be diesel powered. The engine shall have adequate power rating to meet the performance requirements. Engine displacements shall not be less than 220 horsepower for the Highway 108 portion of this contract and not less than 220 horsepower for the Eagle Meadow portion of this contract.

6) FRONT BLADE – The vehicle shall be equipped with a front-mounted, hydraulically operated blade with a minimum of 8-way functions.

7) HYDRAULIC SYSTEM – The vehicle shall be equipped with a power hydraulic system capable of operating the front mounted blade simultaneously with a minimum of two rear hydraulic circuits for operation of the trail grooming drag. Tiller drive vehicles are recommended. The rear hydraulic system shall be capable of lifting the drag in the air and keeping the drag suspended during track packing operations.

8) LIGHTS/SAFETY EQUIPMENT – The vehicle shall be equipped with a minimum of two electric sealed-beam front headlights, a minimum of one electric sealed-beam rear back-up light and one roof-mounted flashing amber beacon. All lights shall be maintained in good operating condition at all times. A flashing amber beacon shall be operated at ALL times when the vehicle is in use.

9) CHAINSAW – The snow-grooming machine should carry a chainsaw, with a minimum 24” bar, in a safe manner.

10) HOUR METER AND SPEEDOMETER – The vehicle must be equipped with an hour meter and speedometer, which is good working condition. The hour meter and the mileage must be entered on the Daily Grooming Work Log or the Log will be considered invalid.

b) TRAIL GROOMING TILLER AND COMPACTOR BAR SPECIFICATIONS – A pull-behind, snowmobile trail grooming drag shall be used for snowmobile trail grooming. The grooming drag shall meet the following general requirements and must be accepted b the Forest Service:

1) CONDITION – The trail grooming drag shall be in good working condition. It shall leave a smooth trail surface at all times with no irregularities caused by a damaged, bent, or broken real packer-pan. The drag shall not duck walk or leave chatter marks on the finished trail surface. The drag shall be of sturdy construction to withstand hard or crusted snow; rocks, logs, trees, and wet snow yet light enough to have flotation in deep powder snow.

2) HITCH - A pintle type hitch with a hydraulically activated tongue is preferred. A 5th-wheel hitch may be acceptable upon approval by the Contracting Officer.

3) TILLERS – Shall be adaptable and sized to the contract specifications. Flex Tillers are acceptable, but not preferred.

4) COMPACTOR BARS – When conditions of fresh deep snow exist, compactor bars are acceptable for use.

5) TRACK PACKING – Track packing is allowable in heavy/deep snow conditions, or at seasons beginning with snow depth of over 18”. All track packing is to be properly groomed by tilling as soon as possible.

4. GOVERNMENT FUNISHED PROPERTY

The Government will furnish the trail signs.

5. WORK METHODS AND STANDARDS FOR SNOW GROOMING

a) MINIMUM SNOW DEPTHS:

1) The Eagle Meadow Trail shall have a minimum of 12 inches of snow base before grooming can start.

2) Highway 108 shall have a minimum of 12 inches of snow base before grooming can start.

b) GROOMING WIDTHS:

1) The full road width on Highway 108 shall be groomed up to 18 feet wide where possible, with a minimum trail width of 12 feet in sections where 18 feet is not possible, for the entire length of the groomed trail system.

2) The Eagle Meadow shall be groomed to a minimum width of 12 feet (except for the 2 mile section that is groomed only once).

3) In conditions of fresh snow, when the snow is not compactable, at the discretion of the Contracting Officer and/or his/her Representative, 12 foot wide grooming will be acceptable.

c) There may be snow conditions which cause the closure of portions of the trails. In these situations the Contractor is required to access and work all portions of the trail systems which can be worked safely.

d) Moguls shall be cut off as deep as possible to fill in the voids and low spots in the trail. Do not cut moguls to the bottom if it will result in dirt remaining on the trail or having pavement showing. No moguls shall be evident after each grooming operation is complete. The entire width of the grooming must be mogul and bump free.

e) Trail runs shall be groomed as flat and smooth as practical. Absolutely no out sloping on curves and no more than 5% in-slope on curves is allowed. No berms are to be left in the middle of the groomed trail surface.

f) The snowcat and drag may not leave the road surfaces at any time or cross any body of water that is without a bridge.

g) If conditions warrant and funds are available, Contractor may be requested to track pack up Highway 108 to the Golden Staircase area (approximately 5 miles east of Kennedy Meadow Road, and level out the snow drift/berms that can develop and create hazards. Only track packing will be allowed in this area.

6. SNOWMOBILE TRAIL MAINTENANCE REQUIREMENTS

a) GROOMING TIME – Most grooming should occur at night, although weather and use may require grooming during the day. Most grooming will likely occur Wednesday through Saturday, although weather or traffic may influence weekend grooming. When weekend grooming is necessary, night grooming will be the most desirable. Grooming times will be based on Contracting Officer’s and/or his/her Representative’s decision.

b) GROOMING FREQUENCY AND PRIORITIES – The grooming frequency and priorities for each trail segment are to be at the Contracting Officer’s and/or his/her Representative’s discretion, based on contract requirements, considering such factors as temperature, snow, condition of trail, use frequency of trail, and trail work. Some sections of trails may be groomed more frequently than others depending on use frequency.

c) BACK-UP PLAN – In the case of equipment failure or of operator absence, it is the responsibility of the Contractor to ensure that the trails are being groomed. It is the Contractor’s responsibility to contact the Contracting Officer and/or his/her Representative immediately when the Contractor cannot perform as directed. The Contractor shall detail in the Back-Up Plan how he/she will do the snow grooming during any equipment failure or absence of the operator. Note: the Back-up plan must be included in the Technical Proposal.

7. HAZARD CLEARING

a) Once the trail bed is established, the Contractor is responsible for removing minor hazards within the clearing widths. Minor hazard reduction requiring the use of snow grooming equipment will be considered incidental to snow grooming. When the hazard reduction is performed by hand or with a chainsaw, it will also be considered incidental to snow grooming.

b) All groomed trails shall be cleared of all minor and major hazards in concurrence with trail grooming. Clearing limit shall be one foot beyond each side of the cleared trail and 8 feet above the snow level of the trail.

c) Minor Clearing Hazard – Trees or tree limbs less than 24 inches in diameter that protrude into the clearing limits of the groomed trail.

d) Minor Trail Bed Hazard – Loose rocks up to 24 inches in diameter, debris created by removing trees, or limbs from within the clearing limits.

e) Major Trail Bed Hazard – Any hazard larger than a minor hazard.

f) If the Contractor is unable to remove any hazard with snow grooming equipment, hand tools, power tools and available person power during grooming operations, or are aware of any unsafe condition adjacent to the trail or on the trail, he/she shall be responsible for marking these hazards with stakes, signs and/or brightly colored flagging until the hazard can be removed. Any un-removed hazard on the trail after the grooming operation is completed shall be reported promptly to the Contracting Officer Representative. If the Contractor is unable to remove any “major hazard”, he/she will discuss with the Contracting Officer Representative to evaluate.

8. SPECIAL PROVISIONS

a) NOTIFICATION UPON COMPLETION OF WORK – The Contractor shall notify the COR at (209)965-3434 x 5125, upon completion of work assignments. Leave a message with date and time of completion of work, with comments such as distance completed and any problems with trail, sign, bathrooms, etc., and a progress report.

b) SIGN MAINTENANCE – Contractor shall maintain important signs, such as Stop, Slow and Caution signs. The Contractor shall maintain all signs leading into Eagle Meadow. The Contractor shall put up and take down “Grooming in Progress signs during grooming of the trails.

c) ONE-WAY & TWO WAY TRAILS – Each direction on a trail is considered grooming.

· One-way groom

· Two-way groom

· One way grooming or two way grooming will be determined by the COR. Mileage on trails is based on the mileage chart below:

9. MEASUREMENT AND PAYMENT

Payment will be made for the number of actual miles groomed and accepted by the Government.

10. DELIVERIES OR PERFORMANCE

* The contract period and each option year period are for one year, but the estimated actual work period is 150 Calendar Days.

** The Government shall determine whether or not to enter into any, all, or none of the option year periods. Contract time shall begin on the date stipulated on the Notice to Proceed, or 10 calendar days after the Notice to Proceed is mailed, whichever is later.

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.acquisition.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996) Inspections Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections

SECTION F--DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

Work Timing

The Contractor shall begin work within __10__ calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Item No.

Estimated Start Work Date Contract Time (Calendar Days)

* The contract period and each option year period are for one year, but the estimated actual work period is 150 Calendar Days.

** The Government shall determine whether or not to enter into any, all, or none of the option year periods. Contract time shall begin on the date stipulated on the Notice to Proceed, or 10 calendar days after the Notice to Proceed is mailed, whichever is later.

Failure to begin work on schedule will make the contract subject to immediate termination for default.

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

[ ] If this solicitation has more than one numbered item, award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

[ ] In the event of award of more than one item to one contractor, times will run consecutively. Time on the second item will begin automatically the day following expiration of time (including any extensions) on the first item. Likewise, time on a third item would begin immediately following expiration of time on the second, and so on.

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

Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

A. [ X ] No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

B. [ ] Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.

Measurement

Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[ ] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Remeasurement. Unless otherwise indicated by this contract, the contractor may request remeasurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If remeasurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of remeasurement and no adjustment will be made in the quantity as stated in Part B. If remeasurement indicates a variance more than five percent from the stated quantity, payment will be based on the remeasured quantity, and the Contractor will not be liable for the costs of remeasurement. All remeasurements will be done by the Government. Remeasurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

Payment

Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

A. [ ] Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

B. [ ] Payment will be made in full if inspection results are 90 percent or higher. If inspection results are below 90 percent, a deduction will be made equal to 2 percent for every 1 percent below 90. For example, if inspection results are 87 percent, the bid price would be reduced by 6 percent. No payment will be made if results are less than 80 percent.

C. [ ] Liquidated damages will be charged as follows:

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

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

Invoices.

A. [ ] Payment will be processed using Form FS-6300-30, Contract Pay Estimate and Invoice, prepared by the C.O.R. The Contractor need not submit any other invoice, nor is Contractor required to sign any invoice except the last.

B. [ X ] Payment will be made from Contractor's invoice.

RETAINAGE (applicable to service contracts where work accomplishments are measured in units other than time) The following supplements Clause 52.232-1, Payments:

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

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Trail Signs

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Wages

[ X ] See Section J, Wage Determination

[ ] As of this date, no wage determination applicable to this specified locality and class of service employees has been received. The minimum wage specified in the Fair Labor Standards Act is currently $5.15 per hour.

Loss, Damage or Destruction

Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Contractor Representatives The Government may deal officially and directly only with the contract signer, with corporate officers with legal contractual authority, or with persons specifically designated by the contractor to act as official representatives.

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL2004)

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)

52.204-7 Central Contractor Registration (OCT 2003)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.217-2 Cancellation Under Multiyear Contracts (OCT 1997)

52.217-5 Evaluation of Options (JUL 1990)

52.217-8 Option to Extend Services (NOV 1999)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (OCT 2000) 52.219-9 Small Business Subcontracting Plan (NOV 2007) (Applicable if > $550,000)

Alternate II (OCT 2001)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000) 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (JUL 2005)

52.222-3 Convict Labor (JUN 2003)

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

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (SEP 2006)

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

52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (SEP 2006)

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts)(NOV 2006) 52.222-50 Combating Trafficking in Persons (AUG 2007)

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

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (MAR 2005)

52.227-1 Authorization and Consent (JUL 1995)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)

52.229-3 Federal, State, and Local Taxes (JAN 1991)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

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

52.232-11 Extras (APR 1984)

52.232-17 Interest (JUN 1996)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (FEB 2002)

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JUL 2002)--Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

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

52.236-2 Differing Site Conditions (APR 1984)

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

52.236-6 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)

52.236-12 Cleaning Up (APR 1984)

52.236-13 Accident Prevention (NOV 1991)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007) 52.245-1 Government Property (JUN 2007) Applicable if govt property is provided under this contract.

52.245-9 Use and Charges (JUN 2007) Applicable if govt property is provided under this contract.

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

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (SEP 1996)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archaeological or Historic Sites (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

452.236-77 Emergency Response (NOV 1996)

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

452.237-75 Restrictions Against Disclosure (FEB 1988)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __30__days_ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __30___ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

FAR 252.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Monetary Wage--Fringe Benefits

This information is on file at the issuing office.

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name: USDA NATIONAL FINANCE CENTER Telephone Number: (800) 421-0323

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 90 days of final payment. This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond the _Base Year_. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the _Base Year_, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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

SECTION J--LIST OF ATTACHMENTS

WAGE DETERMINATIONS

WD 05-2067 (Rev.-12) was first posted on www.wdol.gov on 06/17/2011

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2067

Diane C. Koplewski Division of | Revision No.: 12

Director Wage Determinations| Date Of Revision: 06/13/2011

State: California

Area: California Counties of Calaveras, San Joaquin, Stanislaus, Tuolumne

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 14.71

01012 - Accounting Clerk II 16.51

01013 - Accounting Clerk III 18.46

01020 - Administrative Assistant 20.68

01040 - Court Reporter 18.28

01051 - Data Entry Operator I 12.69

01052 - Data Entry Operator II 13.85

01060 - Dispatcher, Motor Vehicle 19.64

01070 - Document Preparation Clerk 14.56

01090 - Duplicating Machine Operator 14.56

01111 - General Clerk I 13.18

01112 - General Clerk II 14.38

01113 - General Clerk III 16.14

01120 - Housing Referral Assistant 20.39

01141 - Messenger Courier 12.28

01191 - Order Clerk I 13.75

01192 - Order Clerk II 14.95

01261 - Personnel Assistant (Employment) I 16.24

01262 - Personnel Assistant (Employment) II 18.17

01263 - Personnel Assistant (Employment) III 20.11

01270 - Production Control Clerk 19.89

01280 - Receptionist 12.45

01290 - Rental Clerk 12.58

01300 - Scheduler, Maintenance 16.34

01311 - Secretary I 16.34

01312 - Secretary II 18.28

01313 - Secretary III 20.39

01320 - Service Order Dispatcher 19.64

01410 - Supply Technician 22.65

01420 - Survey Worker 16.22

01531 - Travel Clerk I 13.06

01532 - Travel Clerk II 14.05

01533 - Travel Clerk III 15.10

01611 - Word Processor I 13.87

01612 - Word Processor II 15.56

01613 - Word Processor III 17.40

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 19.80

05010 - Automotive Electrician 19.64

05040 - Automotive Glass Installer 20.62

05070 - Automotive Worker 19.03

05110 - Mobile Equipment Servicer 17.59

05130 - Motor Equipment Metal Mechanic 20.47

05160 - Motor Equipment Metal Worker 19.03

05190 - Motor Vehicle Mechanic 19.81

05220 - Motor Vehicle Mechanic Helper 16.48

05250 - Motor Vehicle Upholstery Worker 17.80

05280 - Motor Vehicle Wrecker 18.69

05310 - Painter, Automotive 19.29

05340 - Radiator Repair Specialist 18.69

05370 - Tire Repairer 14.13

05400 - Transmission Repair Specialist 20.47

07000 - Food Preparation And Service Occupations

07010 - Baker 16.87

07041 - Cook I 13.74

07042 - Cook II 14.99

07070 - Dishwasher 9.09

07130 - Food Service Worker 10.51

07210 - Meat Cutter 17.05

07260 - Waiter/Waitress 9.98

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 16.32

09040 - Furniture Handler 12.88

09080 - Furniture Refinisher 16.32

09090 - Furniture Refinisher Helper 13.94

09110 - Furniture Repairer, Minor 15.13

09130 - Upholsterer 16.32

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 10.58

11060 - Elevator Operator 12.18

11090 - Gardener 16.13

11122 - Housekeeping Aide 12.18

11150 - Janitor 12.93

11210 - Laborer, Grounds Maintenance 13.39

11240 - Maid or Houseman 10.17

11260 - Pruner 12.49

11270 - Tractor Operator 15.51

11330 - Trail Maintenance Worker 13.39

11360 - Window Cleaner 13.77

12000 - Health Occupations

12010 - Ambulance Driver 15.71

12011 - Breath Alcohol Technician 16.43

12012 - Certified Occupational Therapist Assistant 24.42

12015 - Certified Physical Therapist Assistant 24.42

12020 - Dental Assistant 15.31

12025 - Dental Hygienist 39.05

12030 - EKG Technician 27.12

12035 - Electroneurodiagnostic Technologist 27.12

12040 - Emergency Medical Technician 16.30

12071 - Licensed Practical Nurse I 19.12

12072 - Licensed Practical Nurse II 21.38

12073 - Licensed Practical Nurse III 23.85

12100 - Medical Assistant 13.23

12130 - Medical Laboratory Technician 18.79

12160 - Medical Record Clerk 16.34

12190 - Medical Record Technician 19.19

12195 - Medical Transcriptionist 16.34

12210 - Nuclear Medicine Technologist 41.37

12221 - Nursing Assistant I 10.00

12222 - Nursing Assistant II 11.24

12223 - Nursing Assistant III 12.27

12224 - Nursing Assistant IV 13.77

12235 - Optical Dispenser 16.61

12236 - Optical Technician 14.91

12250 - Pharmacy Technician 17.34

12280 - Phlebotomist 16.46

12305 - Radiologic Technologist 32.96

12311 - Registered Nurse I 24.46

12312 - Registered Nurse II 29.92

12313 - Registered Nurse II, Specialist 29.76

12314 - Registered Nurse III 36.20

12315 - Registered Nurse III, Anesthetist 36.20

12316 - Registered Nurse IV 43.38

12317 - Scheduler (Drug and Alcohol Testing) 24.64

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 23.15

13012 - Exhibits Specialist II 29.54

13013 - Exhibits Specialist III 36.13

13041 - Illustrator I 23.16

13042 - Illustrator II 29.54

13043 - Illustrator III 36.13

13047 - Librarian 32.70

13050 - Library Aide/Clerk 13.47

13054 - Library Information Technology Systems 29.54

Administrator

13058 - Library Technician 16.26

13061 - Media Specialist I 16.29

13062 - Media Specialist II 18.23

13063 - Media Specialist III 20.32

13071 - Photographer I 15.00

13072 - Photographer II 16.54

13073 - Photographer III 20.61

13074 - Photographer IV 25.20

13075 - Photographer V 30.49

13110 - Video Teleconference Technician 18.71

14000 - Information Technology Occupations

14041 - Computer Operator I 15.53

14042 - Computer Operator II 17.63

14043 - Computer Operator III 19.79

14044 - Computer Operator IV 21.99

14045 - Computer Operator V 24.36

14071 - Computer Programmer I (see 1) 20.21

14072 - Computer Programmer II (see 1) 25.48

14073 - Computer Programmer III (see 1)

14074 - Computer Programmer IV (see 1)

14101 - Computer Systems Analyst I (see 1)

14102 - Computer Systems Analyst II (see 1)

14103 - Computer Systems Analyst III (see 1)

14150 - Peripheral Equipment Operator 15.53

14160 - Personal Computer Support Technician 21.99

15000 - Instructional Occupations

15010 -…