W911YP-09-B-0002 Ammunitions Suppy Point

Section 00010 - Solicitation Contract Form

TABLE OF CONTENTS

TABLE OF CONTENTS

SOLICITATION, OFFER AND AWARD SF 1442 and SF 1442 BACK

BID SHEET

SECTION 00010 – PRICING SCHEDULE, NOTES

TAB B – DESCRIPTION OF PROJECT SITE

SECTION 00100 – INSTRUCTIONS, CONDITIONS and NOTICES TO BIDDERS

SECTION 00600 – REPRESENTATIONS AND CERTIFICATIONS

SECTION 00700 – CONTRACT CLAUSES

SECTION 00800 – SPECIAL CONTRACT REQUIREMENTS

SECTION 00010 NOTES

1. Instructions pertaining to site-visits and bid opening are located in Section 00100.

2. Bidders’ attention is invited to the insurance requirement contained in this solicitation (FAR Clause 52.228-5, Insurance – Work on a Government Installation). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract and the Contracting Officer may request evidence of the required insurance at any time during the life of the contract.

3. Reference DFARS Provision 252.236-7008, Contract Prices – Bidding Schedules – The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The term “bid” and “offer”, and “bidder and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract award.

4. A complete bid package must contain the following:

(a). Offer, Standard Form (SF) 1442, Section 00010 Lint Items

(b). Section 00600, Representations and Certifications, completed in their entirety.

(c). A valid Bid Bond, Standard Form 24

(d). In addition, the offeror shall have entered current and complete data within the past year in Online Representations and Certifications (ORCA), http://orca.bpn.gov.

(e). When completing the “Offferor” portion of the SF 1442 (Blocks 14-20, an official having the authority to contractually bind the company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature.

(f). All amendments to the solicitation must be acknowledged.

(g). Mark the front of the envelope with the following: “BID No. W911YP-09-B-0002” and the Name and Address of Bidder. See Block 13A of SF 1442 for required number of copies.

5. All questions and requests for information regarding this Invitation For Bids (IFB) shall be received NOT LATER THAN close of business September 3, 2009, in order to minimize the need to extend the bid opening date. Questions shall be emailed to diane.n.johnson@us.army.mil. See Section 00100 for more information.

6 Offeror’s attention is invited to the insurance requirement contained in this solicitation (Contract Clause FAR 52.228-5). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract and the Contracting Officer may request evidence of the required insurance at any time during the life of the contract.

7. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES (DEC 1991). The prices shown in the Bidding Schedule shall reflect ALL costs involved in performing the work, as described in the plans and specifications.

8. The term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The terms “bid” and “offer” and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

9. All information relating to this IFB, including pertinent changes/amendments and information will be posted on web site: http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp. For security reasons, all potential offerors, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov, and the Federal Business Opportunities (FedBizOpps) website, https://www.fbo.gov in order to view or download the plans or drawings from the web site. A link to this site can be found under Plans at the solicitation website.

10. Facsimile transmission of bid is not authorized.

11. Significant Liquidated Damages (see FAR Clause 52.211-12) apply for exceeding the 365 day contract performance period. Offer’s attention is directed to performance period requirements in the specifications.

End of Section 00010

BID SHEET

BID SCHEDULE

CONSTRUCTION OF AN AMMUNITIONS SUPPLY POINT (ASP) FACILITY

CAMP W.G. WILLIAMS, UTAH

PROJECT NUMBER 490101

BID ITEM

DESCRIPTION

AMOUNT

Administration Building

Pre-engineered

Surveillance, Inspection, Repair and Equipment

(SIRE) – Pre-engineered

Inert Devices (Storage) Building

Breakdown Building

Concrete Earth Covered Magazines

(ECM)

Loading Dock Structure

Site Improvements (See Tab B)

Total Bid Amount*

(Line items 0001-0007)

*Line Items 0001 through 0007 are identified as unit priced bid items. Failure to complete all bid items shall render the bid non-responsive.

Bid may be rejected if the individual total line item prices are unreasonable and/or unbalanced.

Ammunition Supply Point (ASP) Site

FFP

to be constructed on the Utah Army National Guard Training Site Camp Williams ranges and training sites. Camp Williams is located outside of Riverton, Utah.

Line item 0001 is for a Pre-engineered Administration Building. The size is approximately 2,745 square feet.

Administration Building

The building structure is a steel framed pre-engineered metal building with straight columns to a minimum of 10’-0” AFF. The framing will be determined by the pre-engineered metal building manufacturer, but will match the architectural floor plans. The roof slope will be determined by the architectural drawings and will be accomplished by sloping the primary roof framing members. The structural systems used for the building will include a lateral load resisting system that incorporates moment resisting frames and portal frames. Based on the building configuration, there will be single span moment frames along column grids 1, 2, 3 and 4 and portal moment frames along column grids A and C. The metal wall and roof panels will not be allowed to be used for the diaphragms.

FOB: Destination

PURCHASE REQUEST NUMBER: W90M8L91760134

SIGNAL CODE: A

NET AMT

Surveillance, Inspection, Repair and

Equipment (SIRE) Building. Approximately 16,335 square feet Pre-engineered Building.

SIRE Building

The building structure will consist of two main building areas separated by a CMU fire wall (4 hr). The building areas will each be a single span, pre-engineered metal building with straight columns to a minimum of 10’-0” AFF. The framing will be determined by the preengineered metal building manufacturer, but will match the architectural floor plans. The roof slope will be determined by the architectural drawings and will be accomplished by sloping the primary roof framing members. The building has a low roof from grids 1 to 6 and a higher roof from grids 6 to 9. The structural systems used for the building will include a lateral load resisting system that incorporates moment resisting frames and bracing. Based on the building configuration, there will be single span moment frames along grids 4 through 9 over the Inspection Bay / Storage Cubical areas.

Portal frames will be used along the perimeter walls in the other building direction, one for the high bay and one for the low bay along both grids B and E. The support area (mechanical, restroom, storage and support) will consist of moment frames along grids 1 & 2 The four hour rated CMU wall between the two areas (along gridline 3) will extend to the underside of the roof structure and will follow the roof slope.

In the Inspection Bay/Cubical Storage area, each bay will be separated by a fully grouted CMU wall approximately 12 feet tall. The

Storage and Test Cubicle areas will be separated by fully grouted

CMU walls and covered with a structural concrete slab. The top elevation of the structural concrete slab will be below and independent of the pre-engineered metal building roof system.

FOB: Destination

NET AMT

Inert Devices (Storage) Building

Approximately 1,520 square feet Pre-engineered Building

Inert Storage Building

The building structure is a steel framed pre-engineered metal building with straight columns to a minimum of 10’-0” AFF. The framing will be determined by the pre-engineered metal building manufacturer, but will match the architectural floor plans. The roof slope will be determined by the architectural drawings and will be accomplished by sloping the primary roof framing members. The structural systems used for the building will include a lateral load resisting system that incorporates moment resisting frames and bracing. Based on the building configuration, there will be single span moment frames along column grids 1, 2, 3 and 4. Braced frames will be used along column grids A and B. The metal wall and roof panels will not be allowed to be used for the diaphragms.

The floor slab will be designed for the maximum live load given above or from the maximum vehicle wheel load used.

FOB: Destination

NET AMT

Breakdown Building

Approximately 2,420 square feet Pre-engineered Building

Breakdown Building

The building structure is a steel framed pre-engineered metal building with straight columns to a minimum of 10’0” AFF. The framing will be determined by the pre-engineered metal building manufacturer, but will match the architectural floor plans. The roof slope will be determined by the architectural drawings and will be accomplished by sloping the primary roof framing members. The structural systems used for the building will include a lateral load resisting system that incorporates moment resisting frames and bracing. Based on the building configuration, there will be single span moment frames along column grids 1, 2, 3 and 4. Braced frames will be used along column grids A and C. The metal wall and roof panels will not be allowed to be used for the diaphragms

The floor slab will be designed for the maximum live load given above or from the maximum vehicle wheel load used.

FOB: Destination

NET AMT

Concrete, Earth Covered Magazines (ECM)

26' 8" x 80', or approximately 2,037 square feet per magazine.

Earth Covered Magazines (ECM)

There will be 11 ECM’s eighty-feet long . The ECM’s will be ovalarched earth covered magazines and will conform to the Corps of

Engineer’s Huntsville Standard Design, drawing No 33-15-74.

FOB: Destination

NET AMT

Loading Dock Structure

Approximately 4,400 square feet, utilizing a Pre-engineered metal building roofing system and providing three delivery bays.

Loading Dock

The Loading Dock will consist of a roof structure with open walls. The building structure will be a single span pre-engineered metal building with straight columns to a minimum of 10’-0” AFF. The framing will be determined by the pre-engineered metal building manufacturer, but will match the architectural drawing floor plans. The roof slope will be determined by the architectural drawings and will be accomplished by sloping the primary roof framing members. The structural systems used for the building will include a lateral load resisting system that incorporates moment resisting frames in the north/south direction and x-bracing in the east/west direction.

The Loading Dock will have 3 dock pits with levelers on the west side of the structure. Access to the dock will be accomplished with concrete stairs located on the northwest corner. The floor elevation at the east of the building will match grade. The floor slab will slope from the high point at the middle of the slab and slope both north/south and east/west. The slab area has been sized to accommodate a loading/unloading area along with storage for a minimum of two fullsize trailers.

FOB: Destination

NET AMT

Site Improvements (See Tab B) to include:

1. Demolition of Existing Structures

2. Site Improvements

3. Fine Grading & Seeding

4. Flexible Pavement

5. Vehicle Holding/Parking

6. Fencing

7. Sidewalks

8. Exterior Lighting

9. Lighting Protection

10. Water, Sewer, Electricity, Services

11. Emergency Power

12. Telecommunications

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

Government

DELIVERY INFORMATION

SFC DARIN PILGERAM

12953 SOUTH MINUTEMAN DRIVE

DRAPER UT 84020

801-432-4436

FOB: Destination W90M8L

W90M8L

W90M8L

W90M8L

W90M8L

W90M8L

W90M8L

TAB B SITE DESCRIPTION

TAB B

DESCRIPTION OF PROJECT SITE

Project Number and Title: 490101, Ammunitions Supply Point Facility

Location of Project: Camp W.G. Williams, Riverton, Utah. The facilities are located within the range training area as shown on the site plans. An Environmental Assessment of the proposed site has been completed and no impediments to construction on the site were identified.

Site Plan: The ASP site encompasses approximately 60 acres. The existing site is an undisturbed site covered with native vegetation. A security fence will be required around the entire ASP. Concrete surfaces will be required for all surfaces requiring forklift travel within the ASP area. The roadway and parking/search areas can be improved gravel surfaces.

Utility Plans: Existing utilities do not currently serve the site. Existing power service, consisting of overhead lines, run past the site along Watts Road and should be adequate to support the new facilities. Potable water is available at the Range Maintenance Building located approximately 0.8 miles to the West on Watts Road and will need to be piped to the site. Septic fields can be used to handle the limited amount sanitary waste generated at the ASP site. Communication service will need to come from either Camp Williams or from approximately 0.50 miles south of the Range Maintenance Building. The use of radio communications can be evaluated. Communication will be required for phone service, security alarms, fire alarms and security cameras, all of which must be connected to Camp Williams.

The main entrance, parking lot and vehicle inspection area will be illuminated. Security lighting will be required for the gates and Magazine areas. Closed Circuit Television (CCTV) is required for security to remotely monitor the site from the Camp Williams Containment area. A site lightning protection grid is also required. The Administration and SIRE Buildings will feature a wet pipe fire protection system. Water, T1 data and video cable are available from the Tickville Maintenance site approximately 1 mile away. Electricity is accessible from Watts Rd. Propane tanks are required to serve the heated buildings. The Administration and Sire Buildings are the only buildings requiring septic sewer service. They will utilize a septic tank system for the sanitary sewer service.

Site elevation differences need to be carefully managed to achieve the desired road grades and limit excavation costs. The maximum proposed slope is planned to be 3:1 with typical site slopes ranging in the 3% to 8% range.

Landscaping: Minimal landscaping will be associated with this project and will be limited to reseeding the disturbed areas.

The Ammunitions Supply Point Facility is a LEED self-certified project. The site will contain a 2,745 square foot pre-engineered Administrative Building, eleven 26’-8” x 80’ concrete, earth covered magazines (ECM), a 13,729 square foot Surveillance, Inspection, Repair and Equipment Building (SIRE), a simple pre-engineered 2,400 square foot Breakdown Building, a simple pre-engineered 1,500 square foot, Inert Storage Building and a 4,400 square foot loading dock structure utilizing a pre-engineered metal building roof system and providing three delivery bays.

HVAC System requirements range from conditioned spaces in the Administration and SIRE Buildings using high efficiency DX split systems (air cooled condensing units and propane-fired furnaces). The propane-fired furnaces with DX cooling coils will be located in the mechanical room, and the air cooled condensing units will be mounted on exterior concrete pads located near the mechanical room. Exhaust fans will be utilized in the Inert Storage Building and Breakdown Building. Earth Covered Magazines will utilize manually operated gravity ventilators.

Section 00100 - Bidding Schedule/Instructions to Bidders

00100 - INSTRUCTIONS

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1. SCOPE

1.1. You are invited to submit a bid in response to our Invitation for Bid (IFB) W911YP-09-B-0002 entitled Construction of an Ammunitions Point Supply Facility (ASP), Project Number 490101, at the Camp W.G. Williams Training Site, Riverton, Utah. As a result of this solicitation, the Government intends to award one Firm Fixed Price (FFP) contracts resulting from this solicitation to the responsible contractor whose bid proposal represents the best price.

1.2. Award will be a small business set-aside in accordance with FAR Clause 52-219-6.

2. NOTICE OF PRE-BID CONFERENCE / SITE VISIT

2.1.1. Pre-bid conferences / Site Visits will be conducted on 18 and 25 August 2009 at 1400 hours for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. These conferences will be held at the Camp W.G. Williams Training Site, Building 800, 17800 South Redwood Road, Riverton, Utah 84065. Interested Contractors are highly encouraged to attend the pre-bid conference of their choice.

2.1.2. Due to security conditions, all bidders must register to attend these conferences and site visits. Email the following information for all attendees to Diane Johnson at the following address: diane.n.johnson@us.army.mil. Include Firm Name and Telephone Number

Visitor’s Name

Citizenship

2.1.3. This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to Camp Williams, you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-bid conference. This information will be provided to the Security Gate and will authorize your entrance to the site.

2.1.4. Visitors must check in at the Camp Williams Security Main Entry Gate. You will be required to present the following information, if requested, upon arrival: (1) Vehicle Registration, (2) Valid

Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

2.1.5. Information provided at these conferences / site visits shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

2.1.6. A record of the conference shall be made and furnished to all prospective bidders via posting to our web site at http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

3. FORMAL COMMUNICATION, BIDDER EXPLANATIONS

3.1. A Submit all questions by email to the contracting office at the address show below.

Subject Line: Reference No. W911YP-09-B-0002 Email: diane.n.johnson@us.army.mil

3.2. Any explanation desired by an bidder regarding the meaning or interpretation of the solicitation, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before bid opening.

3.3. All questions and requests for information (RFI) must be received NOT LATER THAN five working days prior to closing and will be posted not later than two working days prior to closing.

BIDDERS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS

PROCESS.

3.4. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective bidders via posting to our web site at:

http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp

3.5. For security reasons, all potential bidders, plan rooms and printing companies are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov/, and the Federal Business Opportunities website (FedBizOpps), https://fedbizopps.gov, in order to view or download the plans or drawings from the web site.

3.6. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of bids as necessary.

Such amendments, if any, will be announced by an amendment or amendments to this Invitation for Bid. All information relating to this IFB, including pertinent changes/amendments and information prior to the bid opening date will be posted on the following website:

http://www.nationalguardcontracting.org/Ebs/AdvertisedSolicitations.asp

3.7. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Bidders are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

4. HAND CARRIED BIDS

4.1. A bid repository is provided for hand carried bids and is located at Utah Army National Guard Headquarters Building, 12953 South Minuteman Drive, Draper, Utah 84020. Hand carried bids may be turned in at bid opening.

4.2. Bidders are to enter the Utah Army National Guard Headquarters Building at the main entrance located on Minuteman Drive. Sign in with Security and wait for an escort to the conference room. Delays are probable at the entry point and should be accommodated for. Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer may declare the bid late and remove it from consideration.

5. WAGE DETERMINATION

5.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are UT080039, modification 1, dated 31 October 2008, UT080060, modification 0, dated 10 October 2008 and UT080098, modification 2, dated 19 December 2008.

5.2. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the bid opening date, the contracting officer will amend the solicitation to incorporate the new determination. If necessary, bidders will be permitted to amend their bids, and/or the bid opening date will be postponed. Should the wage rate change after bid opening, the contracting officer will award the contract and incorporate the updated Wage Determinations to be effective on the date of contract award. If the new wage determination changes any applicable wage rates, the contracting officer will equitably adjust the contract price for any increased or decreased cost of performance resulting from any changed wage rates. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(b)(2)(ii) will apply.

5.3. Applicable wage rates can be found at http://www.wdol.gov

6. EXPENSES AND PRE-CONTRACT COSTS

This IFB does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent bids or for other costs incurred prior to award of a formal contract.

7. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 00100, 00600 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

8. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES

8.1. It has been determined that all reasonable amounts of utilities, except telephones, where/if physically available, used in connection with this project will be furnished to the contractor without cost. The bidders will take this into consideration when computing its bid. (FAR Clause 52.236-14, Availability and Use of Utility Services)

9. CLAUSES

9.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

9.2. Clauses and provisions in this document may not appear in consecutive order.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is State of Utah, Utah County, Riverton City

(End of provision) 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Office of Chief Counsel

ATTN: NGB Protest Decision Authority

1411 Jefferson Davis Highway

Jefferson Plaza 1; Suite 11300

Arlington, Virginia 22202-3231

FAX (703) 607-3684 or 3682

OR

Protest to the Contracting Officer shall be filed at:

USPFO for Utah

Attn: Diane N. Johnson, Purchasing & Contracting

12953 South Minuteman Drive

Draper, Utah 84020-2000

FAX (801) 432-4721

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY ELECTRONIC MAIL.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

18 August 2009 @ 1400 hours and

25 August 2009 @ 1400 hours

(c) Participants will meet at--

Camp W.G. Williams Training Site

Building 800

17800 South Redwood Road

Riverton, Utah 84065

(End of provision)

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

This solicitation incorporates one or more solicitation 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 solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil www.arnet.gov/far www.acq.osd.mil/dp/dars/dfars.html

(End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00600 - Representations & Certifications

0600 - SUPPLEMENTAL INFO

OFFEROR COMPLETE AND RETURN WITH BID

Provide the following information and submit with your bid.

Offeror Name

Complete Address

Point of Contact

Email address

Telephone Number

Fax Number

Cage Code

DUNS Number

TAX ID

Business Size – Include all that are applicable – explanations/definitions of these can be found in the representations and certifications located at http://orca.bpn.gov. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide. To access the, simply click on the “Help” link at the top of the ORCA homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual Representations and Certification on line at http://orca.bpn.gov if you have not already done so.

Information provided below will be used to verify your certifications.

Check all that are applicable:

Large Business

Large Business, Woman-owned

Small Business

Small Business, Woman Owned

Small Business, HUBZone (Certified)

Small Disadvantaged Business

Certified Section 8(a) Contractor

Small Veteran Owned Business

Small Disabled Veteran Owned Business

Emerging Small Business (Use NAICS dollar level, not number of employees for construction)

CLAUSES INCORPORATED BY REFERENCE

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220

(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:

(__) Paragraph (d) applies.

(__) 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 $100,000.

(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 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.

(xix) 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.

------(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, identifyingchange 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.

(End of Provision)

252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (52.204-8) ALTERNATE A

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(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 tofurnish 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 inthis solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeroris currently registered in CCR, and has completed the ORCA electronically, the offerormay choose to use paragraph (b) 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:

(__) Paragraph (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) Web site at https://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 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/DFARS clause No. 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.

(End of Provision)

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE