RECOVERY - ROOF REPAIR

RECOVERY: THIS PROJECT IS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quote (RFQ). Submit written offers on RFQ Number AG-9702-S-10-0400, (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-33. (IV) This solicitation is being issued as a Small Business Set Aside. The associated NAICS code is 238160. Roofing Contractors. The Size Standard is $14 million. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: This project includes repairs to a standing seam metal roof including but not limited to flashing repair and fabrication/repair of crickets to prevent leaks. A soffet will be constructed to enclose the exposed beams under the roof eaves. (VI) Detailed description of requirements is included in attached statement of work. (VII) Date(s) and place(s) of delivery and acceptance: 60 calendar days after receipt of order. Location: Approximately - mile North of Lee Vining on U. S. Highway 395, there is an entrance road (East of the 395) to the Mono Basin Scenic Area Visitor Center. The Visitor Center is approximately - mile East of Highway 395. Address of Forest: Inyo National Forest, 351 Pacu Lane, Suite 200, Bishop, CA 93514 (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (June 2008), applies to this acquisition. (IX) Offers will be evaluated on their ability to meet the government's requirements to include Price, Quality and Delivery. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (June 2009), with their proposal or complete the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Provide written confirmation when offerors complete the ORCA. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Mar 2009), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (June 2009) applies to this acquisition (subparagraphs are marked below). The additional following clauses apply: Price Range The Government's estimate is: [] < $25,000 (XIII) Offers are required to be received in the contracting office no later than 2:00 P.M. PST on April 28, 2010. All offers must be submitted via the electronic interface located on line at www.fbo.gov (this website). (XIV) Any questions regarding this solicitation should be directed to April Blodgett at +1 (555) 000-0000, email to contact@example.gov. Technical questions or site visits can be directed to Nora Gamino, email: contact@example.gov or phone number +1 (555) 000-0000. Schedule B - Schedule of Items Item Description Unit of Issue Quantity Unit Price Total Price 0001 Mobilization LSQ 1 0002 Metal Flashing and Roof Repair LSQ 1 0003 Painting and Coating AQ 52 Each 0004 Bird Deterrent System DQ 650 Square Ft. Statement of Work SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Scope of Contract This solicitation, and resulting contract, is for the repair of the leaking areas of the Mono Basin Scenic Area Visitor Center's standing seam metal roof and the cleaning, preparation and installation of bird netting under the roof eave. This work shall include the following elements: - Assess the leaking areas of the roof and develop a solution that is minimally disruptive to the roof, cost effective and maintains the aesthetic design of the roof. - Utilize approved solution to repair the leaking areas of the roof. This will include fabricating or supplying any and all materials and parts needed to complete the work. - Cleaning the underside of the roof eaves where birds have nested. This cleaning shall remove any foreign materials remaining after the removal of the nests. - The cleaned area under the eave, including the exposed beams shall be prepared for painting and then painted with high quality exterior paint. - The exposed beams shall be protected with bird netting to prevent birds from nesting under the eaves. This netting shall enclose the entire eave and shall be durable and high quality. The Contractor should refer to the SCHEDULE OF ITEMS and project plans and specifications when making estimates of quantities or work. Project Location Project is located at the Mono Basin Scenic Area Visitor Center on the Mono Lake Ranger District of the Inyo National Forest. The Visitor Center is located near the western shore of Mono Lake, less than one mile north of the town of Lee Vining, California. The Center can be reached by traveling North from Bishop, CA on Highway 395 for approximately 66 miles; turn right (East) at the exit for the Mono Basin Scenic Area Visitor Center. State of California, County of Mono, Section 9, Township 1 North, Range 26 East NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.) Price Range The Government's estimate is: [] < $25,000 Estimated Start Date The estimated start work date is 07/01/2010. The contract time will be 45 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site clean-up Contractor must begin work within 10 days of the effective date of the Notice to Proceed. See Section F for additional information. Restrictions on Work The Mono Basin SAVC is a popular destination for visitors to the area. This Visitor Center is open seven (7) days a week in the summer months. Contractor shall insure that the operation of the Visitor Center remains uninterrupted by the Contractor's construction activities, equipment, material suppliers, and employees during the time the Visitor Center is in open. Due to higher visitation during the weekends, the Contractor must perform work Monday through Thursday during daylight hours. Permission to work on weekends will be considered by the COR on a case by case basis. The Contractor is responsible for the security of the Contractor's tools and equipment at all times during the project. All trash and loose material shall be secured on each Thursday or last working day of the week. All motorized equipment shall be provided with key locks or other device to render them inoperable when the Contractor is not on site. The Contractor shall provide trash receptacles for construction and employee waste. The Contractor shall not use Government trash facilities for waste without permission of the COR. All construction debris remains property of the Contractor and shall be properly disposed of off of National Forest Land. The Contractor and the Contractor's employees will not be permitted to have dogs or other pets on the project site at any time. Worker's Compensation Insurance The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance. Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. Maps INCLUDED WITH DRAWINGS Drawings and Specifications Project Drawings: The following drawings and figures are part of this solicitation: Plans: Sheet 1: Title, Locality & Index Sheet Sheet 2: Roof Details Photographs of Exposed Beams and Nest LocationsSpecifications: Construction Standard Institute (CSI) specifications These specifications are physically incorporated in the solicitation. (See attachment) 00 19 00 - Mobilization 07 62 01 - Metal Flashing and Roof Repair 09 90 00 - Painting and Coating 10 81 13 - Bird Deterrent System Section I - Contract Clauses FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html 52.202-1 Definitions. (JUL 2004) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (APR 1984) 52.203-7 Anti-Kickback Procedures. (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 52.204-7 Central Contractor Registration (APR 2008) 52.211-6 Brand Name or Equal (AUG 1999) 52.212-2 -- Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Understanding of the Government's Requirements 2. Organizational Experience 3. Orgainizational Past Performance 4. Price Technical and past performance, when combined, are 50% of the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items (JUN 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.202-1 Definitions. (JUL 2004) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant against Contingent Fees. (APR 1984) 52.203-7 Anti-Kickback Procedures. (JUL 1995) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 52.204-7 Central Contractor Registration (APR 2008) 52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items (JUN 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 1 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 1 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 1 (4) 52.204-11, American Recovery and Reinvestment Act'Reporting Requirements (Mar 2009) (Pub. L. 111-5). 1 (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). 1 (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). 0 (7) [Reserved] 0 (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-6. 0 (iii) Alternate II (Mar 2004) of 52.219-6. 0 (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 0 (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 1 (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). 0 (13) 52.219-16, Liquidated Damages'Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). 0 (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (15) 52.219-25, Small Disadvantaged Business Participation Program'Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (16) 52.219-26, Small Disadvantaged Business Participation Program'Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). 0 (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). 1 (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755). 1 (20) 52.222-19, Child Labor'Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 1 (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). 1 (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 1 (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). 0 (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 0 (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 0 (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 1 (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 1 (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16. 0 (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). 0 (32) (i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (39) 52.232-33, Payment by Electronic Funds Transfer'Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). 0 (40) 52.232-34, Payment by Electronic Funds Transfer'Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). 0 (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). 0 (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). 0 (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. ________________________________________________ (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: 1 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). 1 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). 0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). 0 (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to (i) Examine any of the Contractor's or any subcontractors records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (A) 52.203'13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110'252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (C) 52.219'8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219'8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222'26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222'35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (F) 52.222'36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (G) 52.222'39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (H) 52.222'41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222'50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222'51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (K) 52.222'53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222'54, Employment Eligibility Verification (Jan 2009). (M) 52.226'6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110'247). Flow down required in accordance with paragraph (e) of FAR clause 52.226'6. (N) 52.247'64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247'64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 52.224-1 Privacy Act Notification. (APR 1984) 52.224-2 Privacy Act. (APR 1984) 52.232-1 Payments. (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-9 Limitation on Withholding of Payments. (APR 1984) 52.232-17 Interest. (OCT 2008) 52.232-23 Assignment of Claims. (JAN 1986) 52.233-1 Disputes. (JUL 2002) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.243-1 Changes - Fixed-Price. (AUG 1987) Alternative I (APR 1984) 52.244-6 Subcontracts for Commercial Items. (MAR 2009) (a) Definitions. As used in this clause-- "Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions. "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212(a)). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39). (viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64). (2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. 52.246-25 Limitation of Liability - Services. (FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (MAY 2004) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988) SECTION H--SPECIAL CONTRACT REQUIREMENTS Emergencies Fire Plan [ ]See Section J, Fire Plan []Not applicable; however, Contractors are required to comply with State law during fire season. Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J): [ ](a) Trail Construction - 100 meters on either side of the centerline [ ](b) Construction of Structures - 100 meters around the perimeter of the project [ ](c) Road Construction - 400 meters on either side of the centerline [ ](d) Special for this project: Utility Services The Contractor will be allowed to use the electricity at the Visitor Center, however no extension cords or other amenities will be provided. Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language. Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment. Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment. Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved. Archaeological and Historic Sites Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC 433)--will be identified for the contractor before work commences. Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, ...