09-R-0023.pdf

W62A2B9134468

Estimated Cost Range is between $50,000 and $100,000.

The purpose of the work is to replace a damaged structural glu-lam beam and appurtenances within the main building to the Don Clausen Fish Hatchery. The beam, situated within the southeast entrance area, serves as a support member for the building’s upper (2nd) floor. The upper floor houses an interpretive center open for public education, while the lower floor is where Fish and Game personnel conduct fish rearing activities for the endangered Steelhead Trout and Coho Salmon. Directly below the worksite are a series of fish rearing tanks, which will need to be protected during work activity.

FERNANDO GARCIA 415-503-6989

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

31-Aug-2009

(RFP)

(IFB)

X

CALL:

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

See Item

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______5 calendar days and complete it within ________21 calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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 X 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.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

PAGE OF PAGES

1 OF

6. PROJECT NO. 5. REQUISITION/PURCHASE REQUEST NO.

(If Other Than Item 7) W912P7 8. ADDRESS OFFER TO CODE

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

FAX: TEL: TEL: FAX:

W912P7-09-R-0023 71

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912P7-09-R-0023

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

GLU-LAM BEAM REPLACEMENT, WSD FISH HATCH

FFP

RECOVERY -- MARRA260 09-DRY CREEK ARRA FHVC GLU-LAMS.

PROJECT NO.: 104637

FURNISH THE U.S. ARMY CORPS OF ENGINEERS (COE), SAN

FRANCISCO DISTRICT WITH LABOR, MATERIAL, PERSONNEL, AND

EQUIPMENT NECESSARY TO PERFORM THE WORK AS OUTLINED IN

THE SCOPE OF WORK ENTITLED, “WARM SPRINGS DAM FISH

HATCHERY – GLU-LAM BEAM REPLACEMENT,” DATED 6 JULY 2009.

COE POCs: (PRIMARY) MR. CARLOS HERNANDEZ @ (707) 431-4550 OR

(ALTERNATE) MR. MARVIN HORTON @ (707) 431-4553.

FOB: Destination

PURCHASE REQUEST NUMBER: W62A2B91344680

NET AMT

SCOPE OF WORK (SOW) - ARRA Item # 28 6 July 2009

SUBJECT: Warm Springs Dam Fish Hatchery – Glu-Lam Beam Replacement

USACE TECHNICAL POC: Carlos Hernandez (707 431-4550) or Marvin Horton (707 431- 4553)

USACE CONTRACTING OFFICER:

Contracting Officer: Ms. Shirley A. Turnbo at (415) 503-6987 or Shirley.A.Turnbo@usace.army.mil

Contracting Specialist: Mr. Fernando Garcia at (415) 503-6989 or Fernando.Garcia@usace.army.mil

1.0 GENERAL INFORMATION

The Don Clausen Fish Hatchery is located in northern Sonoma County, approximately 15 miles northwest of Healdsburg, California. The hatchery is part of the U.S. Army Corps of Engineers’ (San Francisco District) Warm Springs Dam / Lake Sonoma Project. The fish hatchery is situated near the base of the dam and is operated by the California Department of Fish & Game (CDFG). A site plan is provided on Plate 1.

The purpose of the work is to replace a damaged structural glu-lam beam and appurtenances within the main building to the Don Clausen Fish Hatchery. The beam, situated within the southeast entrance area, serves as a support member for the building’s upper (2nd) floor. The upper floor houses an interpretive center open for public education, while the lower floor is where Fish and Game personnel conduct fish rearing activities for the endangered Steelhead Trout and Coho Salmon. Directly below the worksite are a series of fish rearing tanks, which will need to be protected during work activity.

A damage assessment by the government found significant water damage (rot) to the glu-lam beam as well as flooring (plywood sheeting) and floor joists. Due to the unique working conditions present, it is strongly recommended that the contractor conduct a site visit before submitting any bid proposals.

2.0 DESCRIPTION OF WORK AND SERVICES

Repair work by the Contractor shall include site preparation and removal of all damaged components. The Contractor shall purchase, deliver, and install all necessary materials to essentially restore damaged/disturbed areas back to an as-built condition. Proposed design repairs are shown on Plate 2 - “FH-BEAM-REPAIR-328,” dated 11 November 2008.

Accordingly, the existing glu-lam beam (5” wide x 25” depth x 27’-4” long) shall be replaced with a new hot-dipped galvanized steel-tube beam (4” wide x 20” depth x 5/16” thick) of equal mailto:Shirley.A.Turnbo@usace.army.mil mailto:Fernando.Garcia@usace.army.mil length. Because the depth and width of the new steel beam are significantly less than the old wooden beam, the new beam shall be shimmed with steel spacers at the existing steel hangers.

Because of the presence of the fish rearing tanks on the lower floor, which are utilized year-round, the support beam will need to be replaced from the upper 2nd floor level. This effort will include the replacement of a triangular shaped exterior stud wall with double glass doors, damaged interior and exterior flooring, and support joists. Refer to Plates 3 thru 6 for as-built conditions.

2.1 Stud Wall. The stud wall shall be reconstructed with 2”x 4” Douglas Fir (No. 2 grade or better) members at 16” on center and include R-11 rated standard insulation between members. Secure stud wall sill plate to steel beam with drill/tap type anchors. Ram-set type anchors shall not be allowed. The interior shall be faced with ½” thick sheet rock, and the exterior faced with a stucco type finish. Surfaces will be trimmed and painted to match existing trim and finished surfaces.

2.2 Floor Joists. Replace all damaged floor joists with 4” x “10 size Douglas Fir members – No. 2 grade or better. Secure to new steel beam, as shown on design drawing (Plate 2), with drill/tap type anchors. Ram-set type anchors shall not be allowed..

2.3 Flooring and Floor Covering. Replace all damaged flooring with exterior rated 1- 1/8” tongue & groove pressure treated plywood sheeting. Replace damaged interior carpeting to match existing carpeting and reseal exterior flooring with a latex mastic deck covering to match existing deck covering.

As the total amount of weather damage is not known precisely, the US Army Corps of Engineers retains the right to further refine tasks as well as add new ones, and orders for additional needed materials and services.

3.0 SCHEDULE

The Contractor shall be required to a) commence work under this contract within 5 working days following official notice to proceed, b) prosecute the work diligently, and c) complete all work within 21 calendar days after receipt of notice to proceed. The time stated shall include final cleanup of premises. The contactor shall not begin the on-site work day earlier than 7:00 am and end later than 5:30 pm. Construction activity shall not unnecessarily hinder fish hatchery facility operations.

All work shall be coordinated with the Federal Government’s representative, or Contracting Officer’s representative (COR) – in the case of this job the project’s Facility Engineer. The Contractor shall fully inform the COR as to progress of work and dates when site work will occur. The Contractor shall notify the COR at least 48 hours prior to commencing work.

The Contractor shall provide a qualified on-site representative to perform quality control (QC). Quality assurance (QA) shall be the responsibility of the COR.

It is the Contactor’s responsibility to make all necessary arrangements with the COR for access to grounds and mobilization / storage of equipment and materials, as required.

4.0 GENERAL CONTRACT REQUIREMENTS

The Contractor shall take no direction from any government employee or any person other than the Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon the changes. The Contractor will comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Contracting Officer that equate to a change by notifying the Contracting Officer. Any direction given by any government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authority stated in COR appointment letters.

5.0 SAFETY

The Contractor shall be required to submit a safety plan for review and approval in accordance with the Corps’ Safety and Health Requirements Manual – EM 385-1-1, November 2003 edition. The EM is available at http://www.usace.army.mil/usace-docs/eng-manuals/em385-1-1/toc.htm. The Contractor should also be aware that work tasks which are deemed potentially hazardous to life or property, require the completion of activity hazard analysis (AHA) forms. Examples of AHA are available in EM 385-1-1. Work cannot begin until the Contractor’s safety plan and AHA(s) have been reviewed and approved by the Corps’ District Safety Officer or COR. The government reserves the right to stop all work activities at no additional cost to the government for work activities deemed unsafe by the COR or any other government official.

6.0 ENVIRONMENTAL PROTECTION

6.1 Environmental Protection Plan. Prior to commencing construction activities or delivery of materials to the site, the Contractor shall submit an Environmental Protection Plan for review and approval by the Contracting Officer or COR. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic listed below at a level of detail commensurate with the environmental issues and required construction tasks. Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. The Environmental Protection Plan shall be kept current and maintained onsite by the Contractor.

http://www.usace.army.mil/usace-docs/eng-manuals/em385-1-1/toc.htm http://www.usace.army.mil/usace-docs/eng-manuals/em385-1-1/toc.htm

6.2 Spill Prevention Plan. The procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall address cleaning up oil and other pollutants introduced by construction vehicles. Include in this plan, as a minimum:

a) The name of the individual who shall report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the COR in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. Include in the plan a list of the required reporting channels and telephone numbers.

b) The name and qualifications of the individual who shall be responsible for implementing and supervising the containment and cleanup.

c) Training requirements for Contractor's personnel and methods of accomplishing the training.

d) A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

e) The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration, and material-placement equipment available in case of an unforeseen spill emergency.

f) The methods and procedures to be used for expeditious contaminant cleanup.

6.3 Water Quality Conditions. If possibility of sediment or material runoff into a water channel (even if currently dry), stream, creek, wetlands or the lake, incorporate the following as needed:

a) The following construction Best Management Practices (BMPs) shall be incorporated into the final project plans in order to reduce and control soil erosion: work in and around waterways will be conducted during the dry season; installation of construction barrier fencing to preclude equipment entry into sensitive areas; installation of silt fencing or fiber rolls to prevent sediment loss from immediate work area; topsoil salvage and reapplication; and seeding and mulching.

b) Regional Water Quality Control Board staff shall have access to the project site to document compliance with Water Quality Certification order.

c) The contractor shall retain copies of the Water Quality Certification permit in possession at the work site at all times.

d) If, at any time, an unauthorized discharge to surface water (including wetlands, rivers or streams) occurs, or any water quality problem arises, the associated project activities shall cease immediately until adequate BMPs are implemented. The Regional Water Board shall be notified promptly and in no case more than 24 hours after the unauthorized discharge or water quality problem arises.

e) No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or concrete washings, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature, other than that authorized by the COR shall be allowed to enter into or be placed where it may be washed by rainfall into waters of the State. If construction dewatering is found to be necessary, the contractor shall use a method of water disposal other than disposal to surface waters (such as land disposal) or the Corps shall apply for permit coverage from the Regional Water Board and receive notification of coverage prior to discharge to surface waters.

f) Fueling, lubrication, maintenance, storage and staging of vehicles and equipment shall be outside of waters of the United States and the State. Fueling, lubrication, maintenance, storage and staging of vehicles and equipment shall not result in a discharge or a threatened discharge to any waters of the State or the United States. At no time shall the contractor use any vehicle or equipment which leaks any substance that may impact water quality.

g) BMPs for erosion, sediment and turbidity control shall be implemented and in place at commencement of, during and after any ground clearing activities, construction activities, or any other project activities that could result in erosion or sediment discharges to surface water.

6.4 Biological Resources. Minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The protection of threatened and endangered animal and plant species, including their habitat, is the Contractor's responsibility in accordance with Federal, State, Regional, and local laws and regulations.

6.5 Special Environmental Requirements. The Contractor shall comply with the special environmental requirements listed herein.

a) The USACE shall conduct a pre-construction meeting with the contractor to discuss the environmental protection commitments made in this document and to advise the contractor of potential environmental impacts and other measures they can take.

b) The Contractor shall implement an Environmental Protection Plan to present a comprehensive overview of known or potential environmental issues which the contractor must address during construction.

c) The Contractor shall implement a Spill Prevention Plan at the project area, which shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. This plan shall address cleaning up oil and other pollutants introduced by construction vehicles.

d) The Contractor shall conform to all applicable requirements for the National Pollution Discharge Elimination System (NPDES) for the control of erosion and sediment movement as a consequence of construction activities.

e) The Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface and ground waters.

f) The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. In case of endangering wildlife, it is the contractor’s duty to ensure safety of wildlife before operations are continued.

g) If endangered or threatened species are encountered, the Contractor shall halt work and notify the USACE environmental manager and the FWS or NMFS, as appropriate, within 24 hours.

h) If cultural resources are discovered prior to or during work and cannot be avoided, work will be suspended in that area until resources are evaluated for eligibility for listing in the National Register of Historic Places (NRHP) after consultation with the State Historic Preservation Officer (SHPO). If resources are deemed eligible for the NRHP, the effects of the project will be taken into consideration in consultation with the SHPO.

The Advisory Council on Historic Preservation will be provided an opportunity to comment in accordance with 36 CFR 800.11.

i) The Contractor shall comply with all permits, documents, and agreements, including the Russian River Final Biological Opinion issued to the Government from coordinating agencies, the North Coast Regional Water Quality Control Board, the California Coastal Commission, the US Fish and Wildlife Service, the National Marine Fisheries Service, the North Coast Unified Air Quality Management District, and the State Historic Preservation Office. Copies of these documents will be provided by the USACE Environmental Manager.

j) The contractor shall restore work areas and storage areas to the original condition at the completion of the project, including repairing damage to parking areas and aerating and reseeding previously vegetated staging areas.

7.0 WARRANTY

The Contractor shall provide the government a 1-year warranty for all workmanship and materials at no additional cost to the government.

8.0 INVOICES AND PAYMENT

Submit invoices to the attention of:

Carlos Hernandez, Facility Engineer 707 431-4550 707 433-4687 fax Carlos.R.Hernandez@spd02.usace.army.mil or

Gloria Moore, Office Assistant 707 431-4501 707 431-0313 Gloria..S.Moore@spd02.usace.army.mil @

U.S. Army Corps of Engineers Warm Springs Dam / Lake Sonoma Project 3333 Skaggs Springs Road Geyserville, CA 95441 mailto:Carlos.R.Hernandez@spd02.usace.army.mil mailto:Gloria..S.Moore@spd02.usace.army.mil

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

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).

(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:

Goals for minority participation for each trade

Goals for female participation for each trade

7.5% 6.9%

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 California / Sonoma County / approximately 15 miles northwest of Healdsburg.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009) ALTERNATE I (MAY 2002)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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.

52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visits may be arranged during normal duty hours by contacting:

Name: Mr. Carlos Hernandez or Mr. Marvin Horton Address: 3333 Skaggs Springs Road, Geyserville, CA 95441 9465 Telephone: (707) 431-4550 or (707) 431-4553

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

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://www.acqnet.gov

(End of provision http://www.acqnet.gov/

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause--

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

(a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract in excess of the $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.

(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $30,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principles, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the in the Excluded Parties List System). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded Parties List System.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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 21 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.222-3 CONVICT LABOR (JUN 2003)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons--

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if--

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.

52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition.--Site of the work –

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is--

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the ``primary site of the work'' as defined in paragraph (a)(1)(i), or the ``secondary site of the work'' as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the ``site of the work.'' Such permanent, previously established facilities are not a part of the ``site of the work'' even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work…