AG-9AC7-S-11-0064.pdf

OMB APPROVAL NO. 2700-0042

NSN 7540-01-155-3212 STANDARD FORM 1442

FAR (48 CFR) 53.236-1(e) Computer Generated

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-9AC7-S-11-0064

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

08/04/2011

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

532442

6. PROJECT NO.

05NC141151184

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA Forest Service Northern California Acquisitions Service Area Shasta Trinity National Forest, Redding Office 3644 Avtech Parkway, Suite 180 Redding, CA 96002

USDA Forest Service Northern California Acquisitions Service Area Shasta Trinity National Forest, Redding Office 3644 Avtech Parkway, Suite 180 Redding, CA 96002

9. FOR INFORMATION

CALL:

A. NAME

Pamela J. Vilhauer pvilhauer@fs.fed.us

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

530-226-2454

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):

SOUTH FORK SACRAMENTO STORMPROOFING

SHASTA-TRINITY NATIONAL FOREST, SISKIYOU COUNTY, CALIFORNIA

PRICE RANGE: The Government's estimate is between $100,000 and $250,000

100% HUBZONE SET-ASIDE

NAICS CODE; 237310, Size Standard $33.5 million

DUNS No.: ____________________________ Tax ID No.: ____________________________

Email: _______________________________________

11. The Contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Section F.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and -0- copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. (hour) local time 09/09/2011. 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 is, 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.

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South Fork Sacramento Stormproofing Shasta-Trinity National Forest Solicitation: AG-9AC7-S-11-0064 Page 2 of 33

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

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 60 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

AMENDMENT NO.

DATE

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

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

Northern California Acquisitions Service Area Redding Office 3644 Avtech Parkway, Redding, CA 96002

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ 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.

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

Solicitation: AG-9AC7-S-11-0064 Page 3 of 33

TABLE OF CONTENTS

SECTION A SOLICITATION, OFFER, AND AWARD 1

TABLE OF CONTENTS 3

SECTION B SCHEDULE OF ITEMS 4

OPTION ITEMS 5

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT

OF WORK 6

SECTION E INSPECTION AND ACCEPTANCE 8

SECTION F DELIVERIES OR PERFORMANCE 8

SECTION G -CONTRACT ADMINISTRATION DATA 9

SECTION H SPECIAL CONTRACT REQUIREMENTS 10

PART II

SECTION I CONTRACT CLAUSES 12

PART III

SECTION J LIST OF ATTACHMENTS 18

PART IV

SECTION K REPRESENTATIONS AND INSTRUCTIONS 19

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES 25

INSTRUCTIONS FOR SUBMISSION OF

OFFERS 29

SECTION M EVALUATION FACTORS FOR AWARD 30

RESPONSE TO EVAULATION FACTORS 32

SEPARATE:

PROJECT SPECIFICIATIONS

MAPS/ROAD LOG (SEE LIST OF

ATTACHMENTS, Section J)

DAVIS BACON WAGE DETERMINATION

BID BOND

Solicitation: AG-9AC7-S-11-0064 Page 4 of 33

SOUTH FORK SACRAMENTO STORMPROOFING

Mount Shasta District

Siskiyou County

B- 1 - SCHEDULE OF ITEMS

SECTION B – Schedule of Items

SOUTH FORK SACRAMENTO STORMPROOFING

BASE BID

151 Mobilization Job 1 157 Soil Erosion Control LS 1

204.01 Excavation and Embankment Rolling dip EA 60

204.02 Excavation and Embankment Rolling dip with class 3 rip rap dissipator EA 11

204.03

Excavation and Embankment Rocked critical dip with class 3 rip rap dissipator EA 7

204.04 Excavation and Embankment Ditch construction LF 245

204.05 Excavation and Embankment Berm removal LF 350

Riprap placed CY 19

Aggregate surface course, CalTrans Class II, 6" depth, compaction by 204.11(a) TON 822

303.01 Road Reconditioning Ditches LF 535

303.02 Road Reconditioning Compaction by 204.11(a) SY 3030

Culverts and Drains 24" diameter CMP, Approx 25' length LF 25

Cleaning Reconditioning and Repairing Existing Drainage Structures Culverts EA 17

Paved Waterways Placed Riprap Waterway (Type 6) EA 3

802 Through Cut fill LS 1

BASE BID TOTAL

Solicitation: AG-9AC7-S-11-0064 Page 5 of 33

NOTE:

Options are not listed in order of precedence. Upon award, the Government will decide which option(s) to award that best fit the project needs.

OPTION A

204.01 Excavation, rolling dip EA 14

204.03 Excavation, rocked critical dip with class 3 rip rap dissipator EA 1

204.05 Excavation, berm removal LF 100

Aggrregate surface course, CalTrans Class II, 6" depth, compaction by 204.11(a) SY 225

303.02

Road reconditioning, compaction by 204.11(a) LF 1600

Culverts, 24" diameter CMP, Approx 40' length LF 40

607 Cleaning drainage structures, culverts EA 2

OPTION A TOTAL

OPTION B

204.01 Excavation, rolling dip EA 34

204.02 Excavation, rolling dip with class 3 rip rap dissipator EA 1

204.03 Excavation, rocked critical dip with class 3 rip rap dissipator EA 1

30110 Aggregate surface course, CalTrans Class II, 6" depth, compaction by 204.11(a) SY 890

303.01 Road reconditioning, ditches LF 250

303.02 Road reconditioning, compaction by 204.11(a) SY 890

607 Cleaning drainage structures, culverts EA 3

OPTION B TOTAL

OPTION C

801 Concrete Ford LS 1

OPTION D

803 Turnpike construction LS 1

OPTION E

602 Culverts, 24" diameter CMP, 40' length LF 30

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed- Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under

151.01 Mobilization.

Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

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SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. DESCRIPTION OF PROJECT

BASE CONTRACT:

The base contract consists of stormproofing 9 roads for a total of 20.9 miles. For this contract, stormproofing consists of constructing rolling and critical dips, cleaning ditches and culverts, removing berms, armoring fill slopes, reconditioning, spot rocking, and ditch construction. In addition, there is one 24” culvert installation, one through cut fill construction and three rocked fords in the base contract. See drawings for more information.

OPTION A:

Option A consists of stormproofing the 39N33 road for 2.4 miles.

OPTION B:

Option B consists of stormproofing 4 roads for a total of 6.8 miles.

OPTION C:

Option C consists of constructing a concrete ford at an existing 36” culvert on the 40N27 road. See drawings for more details.

OPTION D:

Option D consists of constructing 250 of turnpike on the 39N34 road. See drawings for more details.

OPTION E:

Option E consists of replacing an existing 18” culvert with a 24” culvert in the section of road to be turnpiked in Option D. Option E will only be exercised if it is not possible to clean the existing 18” culvert in place.

C.2 PROJECT LOCATION

The project is located south west of the city of Mt Shasta.

From Redding, CA, take I5 north to exit 738. Turn left onto Lake street. Turn left onto Old Stage road and stay right at the Y onto WA Bar road. To access the first part of the project site, turn right onto North Shore road. North Shore road turns into 40N27 after approximately 3.5 miles. 40N27 provides access to the following roads: 40N13Y, and 40N13Z.

The remainder of the project site can be accessed from the Castle Lake road and the South Fork road (40N26). Turn left onto the Castle Lake road from WA Bar. Continue on WA Bar road until it turns into 40N26.

C.3 CONTRACT TIME AND ESTIMATED STARTING DATE

Estimated starting date is September 1, 2011. Contract time will be 90 calendar days. At contractors option, some or all of the work may be performed in 2012 to avoid seasonal wet weather restrictions. Any work performed in 2012 shall start July 10. If work is conducted in both 2011 and 2012, only one mobilization payment shall be made.

C.4 PROJECT ACCESS

With the exception of the concrete ford on 40N27, all roads under this contract may be closed for a maximum delay period of eight hours during construction but must be opened for any

Solicitation: AG-9AC7-S-11-0064 Page 7 of 33 emergency traffic. The contractor shall submit a proposed closure schedule to the COR for the concrete ford.

C.5 TECHNICAL INFORMATION

The Contractor shall furnish a Safety Plan, Sign Plan and Erosion Control Plan, along with a detailed work schedule for approval by the Government prior to starting work and abide by the attached Fire Plan.

Technical point of contact for this project is Mark Volle @ (530) 926-9685 or mvolle@fs.fed.us .

C.6 PROJECT SPECIFICATIONS

ALL of the specifications from the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects FP-03 are part of this solicitation and any resultant contract.

The website for the specifications is http://www.wfl.fhwa.dot.gov/design/specs/fp03.htm The following Special Project Specifications, included in this section, are a part of this solicitation and any resultant contract. The omission of a Forest Service Specification shall not be cause for a contract modification.

C.7 TECHNICAL SPECIFICATIONS

See Attached.

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Solicitation: AG-9AC7-S-11-0064 Page 8 of 33

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-12 Inspection of Construction AUG 1996

FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor's rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

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

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within __5__ 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 _90___ calendar days. The time stated for completion shall include final cleanup of the premises. Work is estimated to begin 15 days after contract award.

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Solicitation: AG-9AC7-S-11-0064 Page 9 of 33

452.236-75: MAXIMUM WORKWEEK--CONSTRUCTION SCHEDULE (NOV 1996)

Within seven (7) calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is seven (7) days.

SECTION G--CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (COR). 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. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, 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.

Solicitation: AG-9AC7-S-11-0064 Page 10 of 33

SECTION H--SPECIAL CONTRACT REQUIREMENTS

The following shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal

Safety Plan C.5 10 days Sign Plan C.5 10 days Erosion Control Plan C.5 10 days

MATERIAL CERTIFICATIONS AND TESTING REPORTS

The following material certifications and/or testing reports shall be submitted on this project:

Title Referenced by Specification No.

Untreated Aggregate Courses FP-03 Section 301

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

List desired location and number of days after award for post award conference.

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held at a mutally agreeable location.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

Solicitation: AG-9AC7-S-11-0064 Page 11 of 33

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

(1) State laws governing traffic rules and equipment requirements on State and County Highways.

(2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

The Contractor shall be responsible for and perform road maintenance commensurate with his use of Forest Service roads in the construction area.

Solicitation: AG-9AC7-S-11-0064 Page 12 of 33

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):

Clause No Title Date

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 SEPT 2006

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

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 OCT 2010

52.204-4 PRINTED OR COPIED DOUBLE- SIDED ON RECYCLED PAPER AUG 2000

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

DEC 2010

52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984

52.215-2 AUDIT AND RECORDS -- NEGOTIATION OCT 2010

52.219-3 Notice of Total HUBZone Set Aside or Sole Source Award JAN 2011

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

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 JUN 2010

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

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52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION FEB 1999

52.222-35 EQUAL OPPORTUNITY FOR VETERANS SEPT 2010

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998

52.222-37 EMPLOYMENT REPORTS VETERANS SEPT 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

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

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING SEP 2010

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

52.228-5 INSURANCE – WORK ON GOVERNMENT INSTALLATION JAN 1997

52.228-11 PLEDGES OF ASSETS SEP 2009

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS OCT 1998

52.228-14 IRREVOCABLE LETTER OF CREDIT DEC 1999

52.228-15 PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION OCT 2010

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS SEP 2002

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984

52.232-17 INTEREST OCT 2010

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

REGISTER OCT 2003

52.233-1 DISPUTES – ALTERNATE I (DEC 1991) 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 – Alternate I (NOV 1991) NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-16 QUANTITY SURVEYS – Alternate I (APR 1984) APR 1984

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52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION APR 1984

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 DEC 2010

52.245-1 GOVERNMENT PROPERTY AUG 2010

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES AUG 2010

52.246-21 WARRANTY OF CONSTRUCTION – (APR 1984) MAR 1994

52.248-3 VALUE ENGINEERING – CONSTRUCTION OCT 2010

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT – Alternate I (SEP

1996) MAY 2004

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

Clause No Title Date

452.232-70 REIMBURSEMENT FOR BOND PREMIUMS – FIXED-PRICE CONSTRUCTION

CONTRACTS 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

452.236-77 Emergency Response NOV 1996

FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508� http://uscode.house.gov/�

Solicitation: AG-9AC7-S-11-0064 Page 15 of 33 delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic;

or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

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Solicitation: AG-9AC7-S-11-0064 Page 16 of 33

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______

Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

FAR 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal

Solicitation: AG-9AC7-S-11-0064 Page 17 of 33 money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds –

(1) To unsuccessful bidders as soon as practicable after the opening of bids, and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

AGAR 452.228-70 ALTERNATIVE FORMS OF SECURITY (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

ORDER OF PRECEDENCE--CONSTRUCTION

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications); i.e. Sections A, B, D, E, F, G, and H

(2) Representations and Other Instructions; i.e. Sections K, L, and M

(3) Contract Clauses; i.e. Section I

(4) Other Documents, Exhibits, and Attachments; i.e. Section J

(5) Special Project Specifications

(6) Standard Specifications; i.e. Section C (including FAR clauses)

(7) (a) Drawings, figured dimensions over scaled dimensions.

(b) Drawings, large scale contract drawings over small scale contract drawings.

(c) Schedules on contract drawings over any conflicting notations on contract drawings.

(8) Shop Drawings

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

SECTION J--LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Complete the following list.

Title Pages

1. Supplemental Project Specifications 23

2. Project Maps & Drawings 16

3. DOL Wage Decision No. CA9, Version 26 dated 07/29/2011 41

4. Bid Bond 2

5.

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, SECTIONS K, L, AND M,

WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER

CONTRACT AWARD. HOWEVER, SECTION K WILL BE INCORPORATED BY

REFERENCE INTO THE RESULTING CONTRACT.

Solicitation: AG-9AC7-S-11-0064 Page 19 of 33

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a provision may be accessed electronically at this/these address(es):

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) 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 number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) 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).

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Solicitation: AG-9AC7-S-11-0064 Page 20 of 33

Pursuant to AGAR 419.508, the contracting officer shall insert the following provision 452.219- 70 (January 2005), in solicitations that are set aside for small businesses, but for which FAR

4.1202 has directed that FAR 52.219-1 not be included in the solicitation.

FAR 52.204-8 ANNUAL REPRESETATIONS AND CERTIFICATIONS (Jan 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

237310

(2) The small business size standard is

$33.5M

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

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Solicitation: AG-9AC7-S-11-0064 Page 21 of 33

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-

Certification. This provision applies to all solicitations.

(xx) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

__ (i) 52.219-22, Small Disadvantaged Business Status.

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Solicitation: AG-9AC7-S-11-0064 Page 22 of 33

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

52.219-28 POST AWARD SMALL BUSINESS PROGRAM PRE-REPRESENTATION

(Apr 2009)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option…