Q0027.pdf

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Ferncroft Rock Crushing Federal contract opportunity
Solicitation number
12026118Q0027
Issued by
Department of Agriculture Forest Service R4-Intermountain Region

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12026118Q0027

1. REQUEST NO.

5a. ISSUED BY

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/13/2018 895215

1 54

ATTN-TANYA SPANFELLNER

1249 S VINNELL WAY STE 200

BOISE ID 83709-1663

SW IDAHO-NEVADA ACQUISITION CENTER 6. DELIVERY BY (Date)

SW IDAHO-NEVADA ACQUISITION CENTER

ATTN

1249 S VINNELL WAY STE 200

BOISE

ID 83709-1663

208 373-4130

NAME

TANYA SPANFELLNER-

03/08/2018 1630 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Ferncroft Rock Crushing

001 Ferncroft Rock Crushing

Delivery: 100 Days After Notice to Proceed

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

DUNS No.:__________________________ tspanfellner@fs.fed.us

SECTION B – SERVICES AND PRICES

Fercroft Rock Crushing Project Emmett Ranger District Boise National Forest Valley County, Idaho

B - 1 – BID SCHEDULE

Ferncroft Rock Crushing

ITEM

NUMBER. DESCRIPTION

PAY

UNIT QUANTITY

UNIT

PRICE

TOTAL

PRICE

15101 Mobilization Lump Sum 1 $ $

31401 Stockpiled Surface Course Aggregate

Cubic Yards 13,000 $ $

31402 Stockpiled Base and Subbase Course Aggregate, Grading Q

Cubic Yards 3000 $ $

TOTAL $

* Item is a Contract Quantity per FP-14, subsection 109.02(b)

The offeror shall insert a quote in each Bid Schedule opposite each pay name listed in the Schedule. A quote is not to be tendered for any item not listed. All other items not listed are incidental to one of the above items above.

B-2 - NOTE: Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under 151.01 Mobilization. Payment will be made on actual work performed as described in FP-14 109.01 unless otherwise noted.

Solicitation No.: 12021618Q0027

Section C - Description/Specifications/Statement of Work

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

1. Scope of Contract

This project consists of rock crushing in the Ferncroft Pit at the end of National Forest System Road (NFSR) 654E. The Actual Quantities required are 13,000 CY of surface course aggregate and 3,000 CY of Grading Q screened aggregate.

Refer to the project Drawings in Section J. for more information regarding the work.

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and shall perform all work required to complete the project as shown on the plans, shown on the manufacturer’s shop drawings, and as described in the Standard Specifications (FP-14) and Forest Service Supplemental Specifications (FSSS).

2 Project Location

The project is located on the Emmett Ranger District, Boise National Forest, in Valley County, Idaho. To access the Ferncroft Pit from Idaho State Highway 55 take County Road 644 west from Smith’s Ferry, across the highway from Cougar Mountain Lodge, follow for 7.93 miles to the Junction with NFSR Road 643. Continue on Road 643 7.83 miles to NFSR 654 and turn right onto Road 654 and continue 1.85 miles to the junction with NFSR 654E. Turn right onto Road 654E and follow for approximately 0.25 miles to the Ferncroft Pit location.

3. Estimated Price Range – $100,000 to $250,000

4. Estimated Contract Start Date: June 1, 2018

5. List of Specifications

Standard Specifications (FP-14) and attached Forest Service Supplemental Specifications (FSSS) are applicable to this Public Works contract. All applicable FSSS are included in full text. All specifications not included in the specification listing but referenced by listed specifications are applicable. Standard Specifications (FP-14) are available on-line at www.flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf in pdf format.

NOTE: Bidders are cautioned to carefully review these Standard and Forest Service Supplemental Specifications prior to submission of bids.

6. Technical Requirements

Specific construction drawings and Forest Service Supplemental Specifications are included in Section J. All items shown or noted on drawings, which are not specifically bid items, are considered indirect items per FP-14, Section 109.05(b). The cost of furnishing and installing all indirect items will not be paid for separately, but shall be included in the unit price bid for other items unless noted otherwise.

Solicitation No.: 12021618Q0027 https://www.flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

52.242-14 Suspension of Work (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 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 October 31, 2018. The time stated for completion shall include final cleanup of the premises.

(End of clause)

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Superintendent and Foreman

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Conformity With Drawings and Specifications

Unless working tolerances are specified, all work performed and materials furnished shall be in reasonably close conformity with lines, grades, cross sections, dimensions, and material requirements shown on the drawings, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is compliance with reasonable and customary manufacturing and construction tolerances.

Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

Samples, Tests, Cited Specifications

Reference made in the contract to specifications, standards, or test methods adopted by AASHTO, ASTM, GSA, or other recognized National technical associations, shall mean specifications, standards, or test methods (including interim or tentative issues) which are in effect on the date of the solicitation.

Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall be required to furnish the Contracting Officer with proof of weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

Prior to initial move-in of all construction equipment, and all subsequent move-ins, the Contractor shall make equipment available for inspection at an agreed location.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must register at https://www.ipp.gov/vendors/enrollment-vendors.htm.

Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

Storage of fuel and other toxicants within Riparian Conservation Areas

Storage of fuel and other toxicants within Riparian Conservation Areas (RCA – within 300 feet of live streams) is prohibited. Refueling of equipment may be done within the RCA only at locations approved by the CO.

A Hazardous Spill Plan is required per FSSS 107.10 and shall be submitted to the CO for approval prior to beginning construction. A spill containment kit shall be available on site that is of sufficient size to accommodate potential spills from the equipment used during construction.

Solicitation No.: 12021618Q0027 http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm

Fire Control

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or the Contractor’s employees, the Contractor when requested by the Contracting Officer shall place the employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards;

(b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) Powersaws. For each powersaw used in connection with this contract, the following will be provided:

One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires.

Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) Pump and Trailer. The Contractor shall provide at a location satisfactory to the Contracting Officer, a serviceable truck or trailer, equipped with a fire fighting tanker unit to be kept ready for instant use for suppressing forest fires. The unit shall consist of a tank of not less than 100-gallon capacity upon which shall be mounted a live hose reel or live hose basket with 250 feet of at least ¾-inch I.D. heavy-duty rubber hose; a portable or power takeoff pump with discharge capacity of at least 10 gallons per minute at 150 P.S.I. pressure.

Gear type pumps shall be provided with a bypass or pressure relief valve so that the hose nozzle may be shut while the pump is operating. Each tanker unit shall have a hose nozzle of the shut-off type, adjustable for straight stream, spray or fog, at least 12 feet of 1-inch suction hose with an intake screen, and additional 250 feet of 3/4 – inch heavy-duty rubber hose or 1-inch cotton jacket rubber-lined or linen hose to be carried on the unit for use as needed. Tools, adapters, accessories and fuel necessary to operate the pump and truck or trailer shall be provided.

If a trailer is used, a serviceable vehicle with proper trailer tow hitch shall be located at a point satisfactory to the Contracting Officer. Where water is available, a supply sufficient for rapidly filling the water tank shall be provided at one or more accessible points along or adjacent to the main truck roads.

(13) Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion.

Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges.

Piles shall be patrolled during off-work hours to avoid wildfires.

(v) Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his/her discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination--Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(APR 1984)

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017) Alternate I (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) Alternate I (APR 1984) 52.253-1 Computer Generated Forms (Jan 1991) 452.228-71 Insurance Coverage (NOV 1996) Alternate I (NOV 1996) 452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996) 452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response. (NOV 1996)

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 Buy American--Construction Materials (MAY 2014)

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

“Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C 40102(4), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction materials.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

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

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

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NONE

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

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

(End of Clause)

52.228-13 -- Alternative Payment Protections. (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

(3) Money orders, drafts, cashier’s checks, or certified checks.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of Clause)

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):

Federal Acquisition Regulations https://www.acquisition.gov/far http://farsite.hill.af.mil

Agriculture Acquisition Regulations http://www.dm.usda.gov/procurement/policy/agar.htm http://farsite.hill.af.mil

(End of Clause)

452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to:

USDA, Forest Service.

(End of Clause)

Order of Precedence - Construction

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

(a) The Schedule (excluding the Specifications) (Sections A-H).

(b) The representations and other instructions (Sections K and L).

(c) Contract clauses (Section I).

(d)Other documents, exhibits, and attachments

(e) Forest Service Supplemental Specifications (FSSS)

(f) Standard Specifications (FP-14)

(g) Construction Drawings

(1) Plans, figured dimensions over scaled dimensions

(2) Plans, large scale contract plans over small scale contract plans

(3) Schedules on contract plans over any conflicting notations on contract plans

(h) Shop drawings

Solicitation No.: 12021618Q0027 https://www.acquisition.gov/far http://farsite.hill.af.mil/ http://www.dm.usda.gov/procurement/policy/agar.htm http://farsite.hill.af.mil/

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

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments are a part of this solicitation and any resulting contract (see separate document(s)).

Attachment No.

Title No. of Pages

1 Plans 4

2 Forest Service Supplemental Specifications (FSSS) 17

3 Wage Determination 6

Fe rn cr of t Pi t

O la

H ig hw ay

H ig hw ay

Sm ith

's Fe rr y

B an ks

Solicitation No.: 12021618Q0027

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AutoCAD SHX Text Revision No. 1

Table of Contents Preface

101 - Terms¸ Format¸ and Definitions

101.01 Meaning of Terms

101.03 Abbreviations

101.04 Definitions

102 - Bid¸ Award¸ and Execution of Contract

Delete Section 102

103 - Scope of Work

Delete Subsections 103.02, 103.03, 103.04, 103.05

104 - Control of Work

Delete Subsections 104.01, 104.02, 104.04

104.06 Use of Roads by Contractor

106 - Acceptance of Work

106.01 Conformity with Contract Requirements

106.02 Visual Inspection

107 - Legal Relations and Responsibility to the Public

Delete Subsection 107.05

108 - Prosecution and Progress

Delete Section 108

109 - Measurement and Payment

109.02 Measurement Terms and Definitions

109.02 Measurement Terms and Definitions

Delete Subsections 109.06, 109.07, 109.08, 109.09

155 - Schedules for Construction Contracts

Delete Section 155

703 - Aggregate

Preface Preface_wo_02_01_2018

Delete all but the first paragraph and add the following:

The Forest Service, US Department of Agriculture has adopted FP-14 for construction of National Forest System Roads.

101 - Terms¸ Format¸ and Definitions 101.01_National_9_15_2016

Add the following paragraph to Subsection 101.01:

101.01 Meaning of Terms.

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03_National_4_7_2015

Add the following to Subsection 101.03:

101.03 Abbreviations.

(a) Acronyms.

AGAR — Agriculture Acquisition Regulations

AFPA — American Forest and Paper Association

FSAR — Forest Service Acquisition Regulations

MSHA — Mine Safety and Health Administration

NESC — National Electrical Safety Code

WCLIB — West Coast Lumber Inspection Bureau

(f) Miscellaneous unit abbreviations.

MP — milepost location ppm — parts per million volume

STA station location

101.04_National_10_23_2016

Make the following changes to Subsection 101.04:

101.04 Definitions.

Delete these definitions and replace the following:

Bid Schedule — The Schedule of Items.

Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.

Contractor — The individual or legal entity contracting with the Government for performance of prescribed work. In a timber sale contract, the contractor is the “Purchaser”.

Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.

Drawings — (Public Works Contracts) Design sheets or fabrication, erection, or construction details submitted to the CO by the Contractor according to FAR Clause 52.236-21 Specifications and Drawings for Construction. Also refers to submissions and submittals.

Notice to Proceed — (Public Works Contracts) Written notice to the Contractor to begin the contract work.

Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line (including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Solicitation—(Public Works Contracts) The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Add the following definitions:

Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition Regulations, or “construction cost adjustment,” as used in the Timber Sale Contract, as applicable.

Change — “Change” means “change order” as used in the Federal Acquisition Regulations, or “design change” as used in the Timber Sale Contract.

Forest Service — The United States of America, acting through the Forest Service, U.S. Department of Agriculture.

Neat Line — A line defining the proposed or specified limits of an excavation or structure.

Pioneer Road — Temporary construction access built along the route of the project.

Purchaser — The individual, partnership, joint venture, or corporation contracting with the Government under the terms of a Timber Sale Contract and acting independently or through agents, employees, or subcontractors.

Protected Streamcourse — A drainage shown on the plans or timber sale area map that requires designated mitigation measures.

Road Order — An order affecting and controlling traffic on roads under Forest Service jurisdiction. Road Orders are issued by a designated Forest Officer under the authorities of 36 CFR, part 260.

Shop Drawings — (Timber and Stewardship Contracts) Referred to as “Drawings” in FP-14, include drawings, diagrams, layouts, schematics, descriptive literature, illustrations, lists or tables, performance and test data, and similar materials furnished by Purchaser to explain in detail specific portions of the work required by the contract.

Utilization Standards — The minimum size and percent soundness of trees described in the specifications to determine merchantable timber.

Add Figure 101-1—Illustration of road structure terms:

Figure 101-1—Illustration of road structure terms.

102 - Bid¸ Award¸ and Execution of Contract 102.00_National_9_15_2016

Delete Section 102 in its entirety.

Delete Section 102.

103 - Scope of Work 103.00_National_9_15_2016

Delete all of Section 103 except Subsection 103.01 Intent of Contract.

Delete Subsections 103.02, 103.03, 103.04, 103.05.

104 - Control of Work 104.00_National_9_15_2016

Delete Subsections 104.01, 104.02, and 104.04.

Delete Subsections 104.01, 104.02, 104.04.

104.06_National_9_16_2016

Add the following to Subsection 104.06:

104.06 Use of Roads by Contractor.

The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in the Road Order(s) or described in the contract, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

106 - Acceptance of Work 106.01_National_7_18_2017

Delete Subsection 106.01 and replace with the following:

106.01 Conformity with Contract Requirements.

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project.

When the Government tests work, copies of test reports are furnished to the Contractor upon request.

Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive.

The primary method of…

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