Solicitation RRP-WLR 10(2).pdf

Contract No.:

U S DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

PROJECT RRP-WLR 10(2)

WHEELER NATIONAL WILDLIFE REFUGE

SOLICITATION

IFB NO. DTFH71-11-B-00002

This Contract Cites Standard Specifications FP-03

U.S. Customary Units

CONTRACTOR:

ADDRESS:

STATE: Alabama

COUNTY: Morgan, Madison, and Limestone

REFUGE: Wheeler National Wildlife Refuge

ROADWAYS: STATIONS FEET

Route 015 80+50 to 81+50 100 163+16 to 165+44 228 176+44 to 179+30 286

PROJECT LENGTH TOTAL: 0.10 mile

TYPE OF IMPROVEMENT:

Riprap bank stabilization along the Tennessee River.

TABLE OF CONTENTS

Page

Notice to Bidders 1 through 2

Checklist for Bid Submission 1 through 2

*SF-1442 Solicitation, Offer, and Award 1 through 4

Bid Schedule Instructions 1 through 2

*Bid Schedule B-1 through B-3

*SF-24 Bid Bond C-1 through C-2

FEDERAL ACQUISITION REGULATION & TRANSPORTATION ACQUISITION

REGULATION SOLICITATION PROVISIONS & CONTRACT CLAUSES

Index to Federal and Transportation Acquisition Regulations 1 through 6

Representations and Certifications (OCRA online) D-1 through D-3

Instructions to Bidders E-1

*Socioeconomic Program Requirements F-1 through F-9

Minimum Wage Schedule F-10 through F-13

*General Contract Requirements G-1 through G-4

Construction Contract Requirements H-1

Special Contract Requirements J-1 through J-23

Section K K-1 through K-4

Permits Obtained for this Project 1 through 29

SPECIFICATIONS On CD

Plans 1 through 15

* Bidder’s Qualifications Form 1 through 7

*BOLD FACED ITEMS ARE TO BE INCLUDED WITH THE BID SUBMITTAL PACKAGE

NOTICE TO BIDDERS

CONTRACT FORMAT:

Bidders should note that the format of this contract is in accordance with Federal Acquisition Regulations (FAR), promulgated by the General Services Administration (GSA), effective April 1, 1984, including all applicable revisions. Applicable FAR provisions and clauses are incorporated in this contract by reference or full text as indicated in the INDEX before the D-page in this booklet.

FAR provisions and clauses incorporated by reference can be accessed on the Internet on the GSA website at www.arnet.gov/far/. Bidders are encouraged to review the documents thoroughly before bidding.

PROPOSAL BOOKLET AND OFFER SUBMITTAL:

It is the responsibility of the Bidder to verify that this proposal is complete as listed in the Table of Contents. The Bidder is responsible for submitting all required forms and documents with the offer.

Offerors should use the Checklist for Bid Submission included in this booklet to check that their bids are complete.

CONSTRUCTION CONTRACTS:

As stated in FAR Clause 52.236-1, the Contractor shall perform on the site, and with its own organization, work equivalent to at least 25%. Additional guidance is given in FAR Subpart 35.005 where the majority of the project work is complex and specialized such as restoration work, bridge painting, and proprietary construction techniques (i.e. proprietary Cintec arch strengthening.) There are exceptions and they will be reviewed on a case-by-case basis.

HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY DATA:

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data, the apparent low Offeror must submit prior to award a Material Safety Data Sheet (MSDS's) for all hazardous materials that the Offeror identifies in paragraph (b) of this clause in the D-pages of this booklet. Failure to submit MSDS's may render the Offeror ineligible for award of contract. The apparent low Offeror should submit their MSDS's within two weeks after bid opening.

FINANCING ASSISTANCE: Minority, Women-owned, and Disadvantaged Business Enterprises (DBE's). The Department of Transportation (DOT) offers working capital financing assistance for transportation related contracts. DOT's Short-Term Lending Program (STLP) offers lines of credit to finance accounts receivable. Maximum line of credit is $750,000 with interest at the prime rate. For further information, call (800) 532-1169 or 202-366-1930. Internet address: http://osdbuweb.dot.gov

INTERNET BASED DATA BASES - REQUIRED INPUT:

According to the FAR Subpart 4.1102 contractors MUST be registered in Central Contractor Registration (CCR) prior to the award of any contract. Access the following web site to register:

www.ccr.gov

According to the FAR Subpart 4.1201 contractors MUST complete their Online Annual Representations and Certifications Application (ORCA) prior to the closing date of the bid on line at http://orca.bpn.gov/.

According to the FAR Subpart 22.1302 (b) contractors and sub-contractors MUST complete the required Annual Vets-100 Form in order to be eligible for a contract award. It can be completed on-line at http://vets100.com. This should be completed before submitting a bid package.

PAYMENT:

Offerors are advised to review the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP), subsection 109.05, concerning direct and indirect payment included under a pay item in the bid schedule.

NOTICE TO BIDDERS

PROGRESS PAYMENTS:

ALL payments will be made via Electronic Funds Transfer (EFT) as such; the payment information in the CCR must be accurate in order for contractors' invoices to be considered proper invoices for the purpose of prompt payment under DOT contracts. Contractors must input and maintain (update as necessary) their EFT information in the CCR database. Offerors are advised that under FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, upon request, progress payments will include premiums paid by the Contractor to obtain performance and payment bonds as required under this contract. These payments shall not be made in addition to the contract price. As specified in the FP, “Section 151 - MOBILIZATION", payments for performance and payment bond premiums shall be included in mobilization.

WELFARE-TO-WORK INITIATIVE:

The President’s Welfare Reform Bill was initiated to assist welfare recipients and hopefully aid welfare recipients to find gainful employment. In support of this bill, Contractors are encouraged to hire welfare recipients whenever possible and to use welfare recipients in performance of duties on Government contracts.

INCREASING SEAT BELT USE IN THE UNITED STATES:

The President’s Executive Order 13043 dated April 16, 1997, was issued to increase the use of seat belts in the United States. In support of this Order, contractors and subcontractors are encouraged to adopt and enforce on-the-job seat belt policies for their employees when operating company-owned, rented, or personally owned vehicles.

OBTAINING BID DOCUMENTS:

Bid documents will not be mailed. All bid documents are available for direct download from the Federal Business Opportunities (FBO) website: http://www.fbo.gov/ or the Eastern Federal Lands Highway Division website: http://www.efl.fhwa.dot.gov/contracting/Documents.aspx Contractors are encouraged to register on the FBO website (for this specific project) in order to receive Email Notifications automatically when a document is added or updated for this specific project. All questions about this construction project must be emailed to the following address:

eflhd.contracts@dot.gov.

THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MONITORING THE WEB PAGES

NOTED ABOVE FOR ALL CHANGES TO THE SOLICITATION AND ACTING ON SAID

CHANGES.

PLEASE NOTE: for security reasons, individuals requiring access to all government buildings must present a valid photo ID and be escorted to their destination by a Government employee. All visitors attending bid openings are urged to arrive at least 1 hour prior to schedule bid opening. All visitors must register with the receptionist in Room 100. A Government employee will collect all bids. Prior to bid opening, a Government employee will escort all bidders to the bid opening. Unescorted visitors will be denied entry and no exceptions will be made.

CHECKLIST FOR BID SUBMISSION

The following is a checklist of items included in the proposal/bid package that are required to be completed and returned (or filled in on-line) to the address in Block 7 of the Standard Form 1442, Solicitation, Offer, and Award (page 1). This checklist is for informational purposes only and is not required to be filled out by the bidder. Failure to submit a complete bid may be cause to reject your bid.

1. Bid Envelope:

a. Addressed as shown in Block 7 of SF-1442

b. In lower left corner, indicate Solicitation No., Project Name & Number, time for Receipt of Offers and send to Room 105.

2. Standard Form 1442: Solicitation, Offer and Award

a. Block 14: Name and Address of Bidder.

b. Block 15: Telephone Number of Bidder.

c. Block 16: Remittance Address if different from Block 14.

d. Block 19: All Amendments Acknowledged, with dates of Amendments.

e. Block 20: Bid is signed and dated.

3. Bid Schedule - (Pages B-1 through B-3)

a. Unit bid price and bid amount provided for each pay item in numbers.

b. Corrections initialed.

c. Price Evaluation eligibility is indicated on the Bid Summary page.

4. Standard Form 24, Bid Bond (Pages C-1 through C-2) (Required if bid guarantee is bid bond)

a. Date executed

b. Legal name and address of bidder.

c. Type of organization.

d. State of incorporation (if applicable).

e. Name and business address of Treasury approved surety.

f. Penal sum of bond (not less than 20% of bid total).

g. Bid identification.

h. Signature of Bidder

i. Seal, if corporation

j. Signature of Surety

k. Seal, if corporation

BIDS RECEIVED WITHOUT A VALID BID BOND WILL BE REJECTED.

5. Power of Attorney.

a. Dated on or before execution date of bond

b. Power has original signature of surety, or is embossed with surety's seal in the certification section

BIDS RECEIVED WITHOUT A VALID POWER OF ATTORNEY WILL BE REJECTED.

CHECKLIST FOR BID SUBMISSION

6. Fill In's. The following full text Clauses and/or Provision numbers shall be checked or filled in and return with the bid package:

a. 52.219-4 – HubZone ONLY - See Section F, Clause 52-219-4, paragraph "C", check block if wavier is applicable.

7. Bidder's Qualifications form (provided separately as part of the Bid Documents Package).

Form completed, signed and submitted with bid

THE FOLLOWING THREE ITEMS ARE NOT TO BE SUBMITTED WITH THE

BID; BUT FAILURE TO COMPLETE THE REQUIREMENTS WILL BE CAUSE

TO REJECT THE BID.

9. Central Contractor Registration (CCR): The Contractor is currently registered in the Internet-Based CCR database at http://www.ccr.gov. If contractor elects to have CCR viewed by public they must submit a copy with Bidder’s Qualification Package.

10. Online Representations and Certifications Application (ORCA): The Contractor's Representations and Certifications have been input online via the Internet-Based ORCA electronic database at http://orca.bpn.gov.

11. Vets100 Reporting: The Contractor has completed the annual Internet-Based reporting requirement online at http://vets100.com.

NOTE: THE CONTRACTOR IS FULLY RESPONSIBLE TO VERIFY THAT ALL

DATA IN THE THREE DATABASES IS CORRECT EACH TIME A BID

PACKAGE IS SUBMITTED. FAILURE PROPERLY INPUT AND/OR UPDATE

YOUR DATA MAY CAUSE THE BID TO BE REJECTED.

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Federal Highway Administration Eastern Federal Lands Highway Division ATTN: Construction Office 21400 Ridgetop Circle Sterling, VA 21166-6511

Federal Highway Administration Eastern Federal Lands Highway Division A/P Branch, AMZ-150 P.O. Box 25710 or E-MAIL

9-AMC-AMZ-EFLINVOICES@FAA.GOV

Oklahoma City, OK 73125

EFLHD-CO

CONTINUATION OF SF 1442

Block 2:

This project is RESTRICTED - Bids will be accepted from HUBZone Certified business concerns located in Alabama, Tennessee, Mississippi, or Georgia only.

This procurement falls under North American Industry Classification System (NAICS) code 237310 - Highway, Street, and Bridge Construction (see FAR Subpart 19.10)

Facsimile and electronic bids will not be accepted.

PHYSICAL DATA AVAILABLE FOR REVIEW

1. Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, published by the Federal Highway Administration. http://mutcd.fhwa.dot.gov.

2. Permits

Block 9:

In accordance with FAR Provision 52.236-27, Site Visit, a Government representative can be available to show the project to prospective bidders. All requests for site visits see Section E of the solicitation and e-mail all questions concerning this construction project to the following e-mail address eflhd.contracts@dot.gov. Interested parties must provide the Solicitation Number and the relevant project name with all requests and questions.

∗Block 11:

The number of calendar days for Schedule A cannot be lower than 54 calendar days and cannot exceed 90 calendar days.

The completion time for the contract will be the time offered by the successful bidder, not to exceed the maximum time above. Work restrictions can be found in SCR Sections 108 and 156.

Notice to Proceed will be issued within 30 days following receipt of acceptable performance and payment bonds with the earliest start date on or about March 1, 2011. (Actual Notice to Proceed date will be 10 days from issuance or the date specified in the Notice.)

Block 12A:

Furnish performance and payment bonds in accordance with FAR Clause 52.228-15.

mailto:eflhd.contracts@fhwa.dot.gov�

CONTINUATION OF SF 1442

Block 13:

A bid guarantee in the amount of not less than 20 percent of the bid price or $3 million, whichever is less, is required with this bid. If the bidder fails to provide the required bid guarantee, such failure may require rejection of the bid. Reference FAR Provision 52.228-1, Bid Guarantee.

Block 17:

Amounts should be completed as follows:

Schedule A - $

DO NOT INCLUDE ANY CONTRACT ADMINISTRATION COSTS IN BLOCK 17.

Other:

Section K - Prohibition on Conducting Restricted Business Operations in Sudan-- Certification

The estimated price is expected to fall within the price range of $100, 000 to $500,000.

Responsibility of bidders shall be evaluated in accordance with the information provided on the Bidder's Qualification Form, which can be downloaded from FHWA web site. FP-96 or FP-03 versions can be downloaded at the FHWA web site. FHWA web site is http://www.efl.fhwa.dot.gov/contracting-manuals-guides.aspx then click on Construction Specifications.

http://www.efl.fhwa.dot.gov/contracting/Documents.aspx�

BID SCHEDULE INSTRUCTIONS

PROJECT: RRP-WLR 10(2)

BIDDERS PLEASE NOTE: Before preparing the bid, carefully read the Instructions to

Bidders. While preparing the bid, comply with the following:

COMPLETING THE BID SCHEDULE

Complete the Bid Schedule(s) by handwriting in ink or typing. Specify a Unit Bid Price, in figures with cents to only two decimal places, for each pay item in the Unit Bid Price column for which a quantity is given. Do not enter or tender a Unit Bid Price for any pay item for which no estimated quantity appears in the Bid Schedule. Determine the products of the respective unit prices and quantities, and show them, in figures, in the Amount Bid column. If a Unit Bid Price and Amount Bid have been inserted by the Government for a pay item, do not change the Unit Bid Price and Amount Bid for the pay item. Determine the Bid Total by adding the amounts of the several items, and show in the block provided on Page B-2. In case of multiplication errors, the Amount Bid for the item will be based on the Unit Bid Price.

To be eligible for award, bidders must submit prices for each pay item.

Review Subsection 109.05 of the FP regarding scope of payment for direct and indirect payment work.

SCHEDULE OF WORK

The Bid Schedule is comprised of the following:

Schedule A – Wheeler National Wildlife Refuge

BIDDING OF CALENDAR DAYS

Determine the number of calendar days necessary to complete Schedule A work from Notice To Proceed to contract completion. Specify the number of calendar days (NOT to exceed the maximum number of calendar days shown in Block 11 of the SF-1442) in the space provided on the Bid Summary page. If a minimum number of calendar days is provided in Block 11 of the SF-1442, do not specify a number of calendar days lower than the minimum. Failure to specify a number of calendar days for contract completion indicates the bidder accepts the maximum contract completion time provided in Block 11 of the SF-1442.

The number of calendar days specified by the successful bidder for the completion of Schedule A work will become the performance period for the contract.

In developing a construction schedule to determine the number of calendar days included in their bid, bidders should include the work limitations shown in the Special Contract Requirements (SCR’s). Specific work limitations may be (but are not limited to): holidays, weekends; rush hours; night work; no work periods; work or traffic control phasing. Bidders are advised to consider those work items that are weather sensitive and when those work items will be performed. Specific work items are (but not limited to): those that require a minimum ambient air temperature (asphalt paving and surface treatment, pavement striping, stone masonry); those that require maintaining a minimum surface temperature (concrete pavement, structural concrete, painting); and those that have specific planting seasons (turf establishment, sod, trees and plants). Bidders are also advised to consider time required for preparing material and drawing submittals, and the allowable Government review times for those submittals (Subsection 104.03 of the FP and SCR’s). The total calendar days bid should also include any work limitations and any delay days or contractor winter shutdowns required due to weather sensitive work items.

For the purposes of calculating calendar days, bidders are to assume that contract time will start on or about March 1, 2011. See Subsection 108.01 of the SCR’s for additional details.

When evaluating the bids, the Government will consider the Contract Administrative Cost for the project to be $500 per calendar day bid. The Contract Administrative Cost is only used to determine the Evaluation Total Price of Project.

Add the Bid Total and the Contract Administrative Cost for Schedule A as directed on the Bid Summary page. Show the Evaluation Total Price of Project in the space provided on the Bid Summary page.

BASIS FOR AWARD

The contract will be awarded to the responsive, responsible bidder with the lowest Evaluation Total Price of Project, which is defined as:

Bid Total of Schedule A + Contract Administrative Cost of Schedule A.

NOTE: The contract administration cost is used for evaluation and ranking purposes only.

When filling out Block 17 of the SF-1442, do not include any contract administration costs.

Amount in Block 17 should be completed as follows:

Schedule A - $ .

Project: RRP-WLR 10(2)

B- 1

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

15101-0000 MOBILIZATION

ALL Lump Sum $___________________

15201-0000 CONSTRUCTION SURVEY AND STAKING

ALL Lump Sum $___________________

15401-0000 CONTRACTOR TESTING

ALL Lump Sum $___________________

15705-0100 SOIL EROSION CONTROL, SILT FENCE

LNFT $_______________ $___________________

15705-2000 SOIL EROSION CONTROL, TURBIDITY BARRIER

LNFT $_______________ $___________________

20103-0000 CLEARING AND GRUBBING

1,740

SQYD $_______________ $___________________

20402-0000 SUBEXCAVATION

1,600

CUYD $_______________ $___________________

20420-0000 EMBANKMENT CONSTRUCTION

CUYD $_______________ $___________________

25102-3000 PLACED RIPRAP, CLASS 3

TON $_______________ $___________________

25102-5000 PLACED RIPRAP, CLASS 5

3,670

TON $_______________ $___________________

62405-0300 PLACING CONSERVED TOPSOIL, 4-INCH DEPTH

SQYD $_______________ $___________________

Project: RRP-WLR 10(2)

Bid Schedule A

Pay Item No.

Estimated Quantity Unit Bid Price Amount Bid

B- 2

62502-0000 TURF ESTABLISHMENT

SQYD $_______________ $___________________

63503-0300 TEMPORARY TRAFFIC CONTROL, BARRICADE TYPE 3

LNFT $_______________ $___________________

63504-1000 TEMPORARY TRAFFIC CONTROL, CONSTRUCTION SIGN

SQFT $_______________ $___________________

63701-0000 FIELD OFFICE

EACH $_______________ $___________________

$_____________________TOTAL

Submitted by:

Name of Bidder

Project: RRP-WLR 10(2)

Bid Schedule A

B - 3

BID SUMMARY

Project RRP-WLR 10(2)

(Complete for Pages B-1 through B-2)

(1) Schedule A Bid Total (from Page B-2) $__________________ Contract Administrative Cost for Schedule A

Number of calendar days necessary to complete all Schedule A work from Notice to Proceed (or date specified in the Notice to Proceed) to completion of Schedule A.

(2) calendar days x $500 per calendar day =

Total Price of Project (for evaluation purposes only)

(1) Bid Total for Schedule A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)

+ (2) Contract Administrative Cost for Schedule A . . . . . . . . . . . . . . . . . (2)

= EVALUATION TOTAL PRICE OF PROJECT

DO NOT INCLUDE ANY CONTRACT ADMINISTRATION COSTS IN BLOCK 17 OF THE SF-1442

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INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 67$1'$5'�)250�����5(9���������%$&.

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(e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designed "SURETY(IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

debbie C-2

CONTRACT CLAUSES INDEX

FEDERAL ACQUISITION REGULATION (FAR) TRANSPORTATION ACQUISITION REGULATION (TAR)

(Updated thru FAC 2005-46 on 09/29/2010)

FAR & TAR CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

52.202-1 DEFINITIONS Jul-04 52.203-3 GRATUITIES Apr-84 52.203-5 COVENANT AGAINST CONTINGENT FEES Apr-84 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT Sep-06 52.203-7 ANTI-KICKBACK PROCEDURES Oct-10 52.203-8 CANCEL & RECOVER OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY Jan-97 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY Jan-97 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACT Sep-10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Oct-10 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT Apr-10 52.203-14 DISPLAY OF HOTLINE POSTER(S) Dec-07 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER Aug-00 52.204-7 CENTRAL CONTRACTOR REGISTRATION Apr-08 Contractor Mandatory Internet Data Input 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS Jul-10 Contractor Mandatory Internet Data Input 52.209-6 PROTECTING GOV. INTEREST WHEN SUBCONTRACTING W/CONT. DEB. SUSP. OR POP. FOR DEB. Sep-06 52.214-5 SUBMISSION OF BIDS Mar-97 If applicable 52.214-19 CONTRACT AWARD -- SEALED BIDDING-CONSTRUCTION Aug-96 If applicable 52.214-26 AUDIT AND RECORDS -- SEALED BIDDING Mar-09 If applicable 52.214-26 ALT 1 AUDIT AND RECORDS -- SEALED BIDDING (ALT 1 - (MAR 09)) Oct-10 If applicable 52.214-27 PRICE REDUCTION FOR DEFECT. COST OR PRICING DATA - MODIFICATIONS - SEALED BIDDING Oct-10 52.214-28 SUBCONTRACTOR COST OR PRICE DATA -- MODIFICATIONS--SEALED BIDDING Oct-10 52.214-29 ORDER OF PRECEDENCE - SEALED BIDDING Jan-86 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE Apr-91 52.214-35 SUBMISSION OF OFFERS IN THE U.S. CURRENCY Apr-91 52.219-3 NOTICE TO TOTAL HUB ZONE SET-ASIDE Jan-99 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE Jun-03 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS May-04 52.219-9 ALT 1 SMALL BUSINESS SUBCONTRACTING PLAN (ALT 1 - (Oct 01)) Oct-10 Large Business Mandatory Submittal Requirement 52.219-14 LIMITATIONS ON SUBCONTRACTING Dec-96 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN Jan-99 52.222-3 CONVICT LABOR Jun-03 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -- OVERTIME COMPENSATION Jul-05 52.222-6 DAVIS-BACON ACT Jul-05 Contractor Mandatory Wage Rates Posting 52.222-7 WITHHOLDING OF FUNDS Feb-88 52.222-8 PAYROLLS AND BASIC RECORDS Jun-10 Contractor Weekly Payroll Submittals

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. The full text of a clause may be accessed electronically at this address: www.arnet.gov/far/

(End of Clause)

(Updated thru FAC 2005-46 on 09/29/2010)

52.222-9 APPRENTICES AND TRAINEES Jul-05 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS Feb-88 52.222-11 SUBCONTRACTS (LABOR STANDARDS) Jul-05 52.222-12 CONTRACT TERMINATION -- DEBARMENT Feb-88 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS Feb-88 52.222-14 DISPUTES CONCERNING LABOR STANDARDS Feb-88 52.222-15 CERTIFICATION OF ELIGIBILITY Feb-88 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES Aug-09 52.222-21 PROHIBITION OF SEGREGATED FACILITIES Feb-99 52.222-26 EQUAL OPPORTUNITY Mar-07 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION Feb-99 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, & OTHER EL Sep-10 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES Oct-10 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETS, VETS OF THE VIETNAM ERA, ET AL Sep-10 Contractor Annual Mandatory Reporting Requirement 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION Aug-03 52.223-6 DRUG-FREE WORKPLACE May-01 52.223-14 TOXIC CHEMICAL RELEASE REPORTING Aug-03 Contractor Annual Contractor Reporting Reqt 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS May-08 If applicable 52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING Sep-10 Mandatory 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES Jun-08 52.227-1 AUTHORIZATION AND CONSENT Dec-07 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT Dec-07 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS Dec-07 52.227-14 RIGHTS IN DATA - GENERAL Dec-07 52.227-17 RIGHTS IN DATA - SPECIAL WORKS Dec-07 52.228-2 ADDITION BOND SECURITY Oct-97 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION Jan-97 Contractor Submittal Requirement 52.228-11 PLEDGES OF ASSETS Sep-09 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS Oct-95 52.228-14 IRREVOCABLE LETTER OF CREDIT Dec-99 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION Oct-10 Contractor Submittal Requirement 52.229-2 NORTH CAROLINA STATE AND LOCAL SALES AND USE TAX Apr-84 52.229-3 FEDERAL, STATE, AND LOCAL TAXES Apr-03 52.230-2 COST ACCOUNTING STANDARDS Oct-10 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES Oct-08 If applicable 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS Jun-10 If applicable 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS Sep-02 Contractor Submittal Requirement 52.232-13 NOTICE OF PROGRESS PAYMENTS Aug-10 52.232-16 PROGRESS PAYMENT Aug-10 52.232-17 INTEREST Oct-10 52.232-18 AVAILABILITY OF FUNDS Apr-84 52.232-23 ASSIGNMENT OF CLAIMS Jan-86 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS Oct-08 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION Oct-03 52.233-1 ALT 1 DISPUTES (ALT-1, DEC-91) Jul-02 52.233-3 ALT 1 PROTEST AFTER AWARD (ALT-1, JUN-85) Aug-96 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM Oct-04 52.236-2 DIFFERING SITE CONDITIONS Apr-84 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK Apr-84 52.236-5 MATERIAL AND WORKMANSHIP Apr-84

(Updated thru FAC 2005-46 on 09/29/2010)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR Apr-84 52.236-7 PERMITS AND RESPONSIBILITIES Nov-91 52.236-8 OTHER CONTRACTS Apr-84 52.236-9 PROTECTION OF EXIST. VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES & IMPROVEMENTS Apr-84 52.236-10 OPERATIONS AND STORAGE AREAS Apr-84 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION Apr-84 52.236-12 CLEANING UP Apr-84 52.236-13 ACCIDENT PREVENTION Nov-91 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS Apr-84 Contractor Submittal Requirement 52.236-17 LAYOUT OF WORK Apr-84 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION Feb-97 52.236-26 PRECONSTRUCTION CONFERENCE Feb-95 52.242-13 BANKRUPTCY Jul-95 52.242-14 SUSPENSION OF WORK Apr-84 52.243-4 CHANGES Jun-07 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS Oct-10 If applicable 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) Aug-10 52.246-12 INSPECTION OF CONSTRUCTION Aug-96 52.246-21 WARRANTY OF CONSTRUCTION Mar-94 52.248-3 ALT 1 VALUE ENGINEERING - CONSTRUCTION (ALT-1, APR-84) Oct-10 52.249-2 ALT 1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (ALT-1, Feb-09) May-04 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) Apr-84 52.253-1 COMPUTER GENERATED FORMS Jan-91

TAR CLAUSES INCORPORATED BY REFERENCE

1252.211-70 INDEX FOR SPECIFICATIONS Apr-05 1252.242-73 CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE Oct-94

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD Jun-88 52.217-5 EVALUATION OF OPTIONS Jul-90 52-217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM Mar-89

(Updated thru FAC 2005-40 on 04/22/2010)

FAR & TAR CLAUSES INCORPORATED BY FULL TEXT

CLAUSE TITLE DATE SECTION SECTION TYPE REMARKS

52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS Apr-10 G GEN'L CONTRACT REQS. If Applicable 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION Sep-00 H CONSTR. CONTRACTS REQS Government Fill In 52.211-18 VARIATION IN ESTIMATED QUANTITY Apr-84 H CONSTR. CONTRACTS REQS 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUB ZONE SB CONCERNS Jul-05 F SOCIOECON PROG REQS Contractor Fill In 52.222-23 NOTICE OF REQ. FOR AFFIRMATIVE ACTION TO ENSURE E.E.O. Feb-99 F SOCIOECON PROG REQS Contractor Reporting Reqs 52.223-3 ALT 1 HAZARDOUS MAT. IDENT. & MATERIAL SAFETY DATA (ALT-1, JUL-95) Jan-97 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-4 RECOVERED MATERIAL CERTIFICATION May-08 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-9 EST. OF % OF REC. MAT. CONTENT FOR EPA DESIGN PRODUCTS May-08 G GEN'L CONTRACT REQS. Contractor Reporting Reqs 52.225-9 BUY AMERICAN ACT - CONSTRUCTION MATERIALS Feb-09 F SOCIOECON PROG REQS Govt & Contractor Fill In 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT - CONSTRUCTION MATERIALS (ALT-1 MAY-02) Feb-09 F SOCIOECON PROG REQS 52.225-11 BUY AMERICAN ACT - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (ALT 1 JUN-09) Aug-09 F SOCIOECON PROG REQS

52.225-12 NOTICE TO BUY AMERICAN ACT REQUIREMENT - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (ALT 1 MAY-02) (ALT II - JUN-09) Feb-09 F SOCIOECON PROG REQS

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.236-4 PHYSICAL DATA Apr-84 H CONSTR. CONTRACTS REQS Government Fill In

TAR CLAUSES INCORPORATED BY FULL TEXT

FAR PT 22.9 NONDISCRIMINATION BECAUSE OF AGE POLICY Feb-64 F SOCIOECON PROG REQS Executive Order 11141-Not A Clause

(Updated thru FAC 2005-40 on 04/22/2010)

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

CLAUSE TITLE DATE REMARKS

52.211-6 BRAND NAME OR EQUAL Aug-99 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS Dec-89 52.214-4 FALSE STATEMENTS IN BIDS Apr-84 52.214-5 SUBMISSION OF BIDS Mar-97 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS Apr-84 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS Nov-99 52.214-18 PREPARATION OF BIDS -- CONSTRUCTION Apr-84 52.214-19 CONTRACT AWARD -- SEALED BIDDING -- CONSTRUCTION Aug-96 52.225-10 NOTICE TO BUY AMERICAN ACT REQUIREMENT -- CONSTRUCTION MATERIAL Feb-09

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. 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 the paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision my be accessed electronically at this address:

www.arnet.gov/far/

(End of Clause)

52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998)

(Updated thru FAC 2005-40 on 04/22/2010)

FAR PROVISIONS INCORPORATED BY FULL TEXT

PROVISION TITLE DATE SECTION SECTION TYPE REMARKS

52.204-8 ANNUAL PRESENTATION AND CERTIFICATIONS Feb-09 D REPS & CERTIFICATIONS Mandatory Contractor On-Line Input 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS Apr-10 K 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS Apr-10 K If Applicable

52.211-4 AVAILABILITY FOR EXAM. OF SPECS NOT LISTED IN GSA INDEX OF FED SPECS/STANDARDS & COM. ITEM DESCRIPTION Jun-88 E INSTRUCTIONS TO BIDDERS Government Fill In

52.216-1 TYPE OF CONTRACT Apr-84 E INSTRUCTIONS TO BIDDERS Government Fill In

52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION Aug-09 K

52.228-1 BID GUARANTEE Sep-96 E INSTRUCTIONS TO BIDDERS Contractor Submittal Reqs 52.233-2 SERVICE OF PROTEST Sep-06 E INSTRUCTIONS TO BIDDERS Government Fill In 52.236-27 SITE VISIT (CONSTRUCTION) Feb-95 E CONSTR. CONTRACT REQS. Government Fill In

OTHER PROVISIONS INCORPORATED BY FULL TEXT

FEDERAL ACQUISITION REGULATION AND TRANSPORTATION

ACQUISITION PROVISIONS

REPRESENTATIONS AND CERTIFICATIONS

D-1

Annual Representations and Certifications. Prospective contractors shall complete electronic annual representations and certifications on-line at this web address:

http://orca.bpn.gov (See Far 4.1201) in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102).

Vets100 Form must also be filled-in online at http://vets100.com in accordance with FAR Clause 52.222- 37.

Contractors are not eligible for award without completing these requirements.

52.204-8 -- Annual Representations and Certifications.

(Oct 2010)

(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 certification 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.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision http://orca.bpn.gov/� http://vets100.com/�

D-2 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:

[Contracting Officer check as appropriate.]

___ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

___ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

___ (iii) 52.219-22, Small Disadvantaged Business Status.

D-3

___ (A) Basic.

___ (B) Alternate I.

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

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

___ (vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

___ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

___ (ix) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (x) 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…