1202NV20Q0003.pdf
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- Mike Harris Campground Electrical Federal contract opportunity
- Solicitation number
- 1202NV20Q0003
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| Presolicitation_Notice.pdf |
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IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET
ISSUING OFFICE:
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
IDAWY ACQUISITION SERVICE CENTER
1405 HOLLIPARK DR.
IDAHO FALLS, ID 83401
FAX (208) 557-5829
SOLICITATION NO.: 1202NV20Q0003
QUOTES ARE SOLICITED FOR: MIKE HARRIS CAMPGROUND ELECTRIC
SET-ASIDE: SMALL BUSINESS SET-ASIDE
IMPORTANT – NOTICE TO QUOTER:
AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS AS THEIR RESPONSE TO THIS
SOLICITATION:
1.SF-18 Request For Quotation (Complete, date, and sign)
2.Section B – Schedule of Items. (Complete Unit Price and Amount)
3.Section K – Representations and Certifications. (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at www.sam.gov)
4.Section M – Evaluation Criteria (last page of solicitation)
5. Acknowledgement of Amendment (If Any)
IT IS REQUIRED THAT YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR
ENVELOPE.
Return to: IDAWY Acquisition Service Center Attn: Amelia Velasco 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. 1202NV20Q0003
IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7 SYSTEM FOR AWARD MANAGEMENT FOR
DETAILS ON HOW TO APPLY.
IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDERAL BUSINESS OPPORTUNITIES AT WWW.FBO.GOV.
REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 41
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
1202NV20Q0003 01/14/2020 UNDER BDSA REG. 2
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date) IDAWY Service Center, 1405 Hollipark Dr., Idaho Falls, Id 83401 See Contract Time
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER X OTHER (See Schedule)
AREA CODE NUMBER 9. DESTINATION
AMELIA VELASCO 208 557-5848 a. NAME OF CONSIGNEE
8. TO: Section C - Location & Description
a. NAME b. COMPANY b. STREET ADDRESS
c. STREET ADDRESS c. CITY
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS
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
April 1, 2020 no later than 1:00 p.m. MST 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)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(a) (b) (c) (d) (e) (f) Mike Harris Campground Electric Project , Teton Basin Ranger District Office, Caribou-Targhee National Forest, Teton County, ID.
PRICE RANGE: The Government Estimate is between $25,000 and $100,000
PLEASE PLACE YOUR QUOTE IN SECTION B- SCHEDULE OF ITEMS
Quotes received after the exact time specified for receipt of quotes will not be considered.
FACSMILE (FAX) WILL NOT BE ACCEPTED.
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE
NOTE: Additional provisions and representations X are are not attached.
13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF
a. NAME OF QUOTER SIGN QUOTATION QUOTATION
DUNS # _________________ CAGE CODE ____________
b. STREET ADDRESS 16. SIGNER
a. NAME (Type or print) b. TELEPHONE
c. COUNTY AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER
NSN 7540-01-152-8084
Previous edition not usable
18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
1202NV20Q0003 Mike Harris Campground Electric Caribou-Targhee National Forest
PART I--THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES
MIKE HARRIS CAMPGROUND ELECTRIC
Teton Basin Ranger District
Teton County, Idaho
This solicitation and any resulting contract is a firm-fixed price construction type of contract, which under the definition in FAR 16.202-1, “this type of contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.”
Prices on the Schedule shall reflect Contractor’s full cost for materials, labor, supervision, overhead costs, and incidental items.
B- 1 - Schedule of Items
Item Item Description
MM*
Pay Unit
Estimated Quantity
Unit Price
Amount
011900 Mobilization LS LSQ 1
260500-1 Electrical Distribution System, Primary Direct Boring AQ LF 340
260500-2
Utility Trench AQ LF 730
260500-3 Utility Building Eletrical System LS LSQ 1
260500-4
Host Feeder AQ LF 620
260500-5 Host Unit Power Pedestal LS LSQ 2
260500-6 Surface Repair LS LSQ 1
TOTAL AMOUNT FOR ALL ITEMS m $ ______________
* Method of Measurement:
LSQ - Lump Sum Quantities, LS – Lump Sum; Linear Feet – LF; AQ – Actual Quantities
B-2 – Note to Quoters
Quote on all items. Only quotes to the nearest cent will be accepted.
Payment for bond premiums in accordance with FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. FAR 52.228-2 and FAR 52.228-13 apply to this project. See Section I – Contract Clauses. All project costs including mobilization and bond payments will need to be considered in the offer. Payment will be made on actual work performed.
Under FAR Clause 52.236-7, Permit and Responsibilities, Contractors shall be responsible for complying with any Federal, State and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C- 1 - Project Description and Location
(a) Description of Work. This project includes constructing a new electrical system for the Mike Harris Campground, which includes the following: installing a new 200 amp service on the utility building with generator transfer; installing a utility building electrical and well controls and feeder; installing feeder for two campground hosts with power pedestals; and restoration of road, pad and other surfaces.
The primary work for power company, includes the following: boring under road and wet land; trench work and providing a location for the transformer pad; and install secondary trench to utility building.
Quantities associated with these options are identified in the Schedule of Items.
(b) Project Location. The Mike Harris Campground is located on the Teton Basin Ranger District of the Caribou-Targhee National Forest, in Teton County, Idaho, approximately 4 miles southeast of Victor, Idaho. The campground is approximately 4 miles by road from Victor, Idaho via Idaho highway 33/Wyoming highway 22, near the confluence of Trail Creek and Mike Harris Creek. The well is located near the center of Section 30, T3N, R46E (Latitude 43°33'24"N, Longitude 111°04'11"W) at an elevation of approximately 6560 feet.
(c) Site Visit. (See Section L, FAR Clause 52.236-27)
(d) Start Work. It is estimated that work will begin early June 2020 or once the Notice to Proceed has been issued.
(e) Period of Performance, (See Section F, FAR Clause 52.211-10.)
C- 2 – Work Camps, Staging and Storage Areas Areas for staging operations and storage of materials shall be approved by the CO. The Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.
C- 3 - Contractor Requirements All existing vegetation outside construction and clearing limits and not shown to be removed shall be preserved and protected. All disturbed areas shall be raked smooth and shaped to near natural and smooth appearance.
Contractor is to make available any and all quality control documents regarding quantity, compaction, grading, etc. available to the government for inspection.
Any damage to Forest Service property, including roadways and signage, is the responsibility of the Contractor.
Contractor to submit a Traffic Control Plan to be approved by COR prior to issuance of the Notice to Proceed. Traffic Control Plan to address public safety and traffic flow during work being performed, consideration of hazards to the public during non-work hours must also be considered.
Contractor to coordinate with COR on what is necessary of other government personnel to keep the public safe.
The Contractor will establish a delivery schedule and provide to the COR during the pre-work meeting for approval. The COR has 14 business days to approve once received.
C- 4 – Traffic Control and Construction Signing No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the COR . Construction signing for traffic control shall conform to the Manual of Uniform Traffic
Control Devices (MUTCD). Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.
C- 5 – Field Work Notice The project area is located on the Caribou-Targhee National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with rattlesnakes and other wildlife, river crossings, poisonous plants, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area. No government-furnished property will be provided under this contract.
C- 6 – Biopreferred Products The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.
8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.
Finding BioPreferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.
C-7 – Recycling and Disposal of Refuse With the exception of materials specifically indicated or specified to be salvaged for reuse in construction, or turned over to the Government, all refuse, excess or waste materials resulting from construction operations shall become the property of the Contractor and shall be recycled and/or disposed of. All disposals shall be in accordance with federal, state, and local laws and regulations. No disposal, viewing or sale of materials and/or equipment shall be allowed on Government property.
C- 8 – Safety During the execution of this contract, the Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction. Smoking will not be permitted in any building or structure.
C- 9 – Temporary Facilities
(a) STAGING AREA: The Government will provide adequate staging area as close to the job site as practicable. The Contractor shall be responsible for protecting materials stockpiled against adverse weather, damage, theft, and other risks of loss. The Government assumes no responsibility for material or equipment left in the storage area.
(b) SANITARY FACILITIES: Campground toilets are available for use at the job sites. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site with a minimum of one required.
(c) WATER AND ELECTRICITY: Water and utilities are not available at the site for construction purposes.
http://www.biopreferred.gov/
C-10 – Existing Utilities The Contractor shall field verify all utility locations before digging or trenching. This shall include, but not be limited to, the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, use of locator services, and by potholing. Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.
C-11 - AGAR 452.211-73 Attachments to Specifications (FEB 1988) The attachments to the Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.
NOTE: Offeror’s are cautioned to carefully review these Project Specifications prior to submission of offers. All specifications contained in Section J are binding on the parties signing the contract.
C-12 – Replacement of Equipment Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected due to not meeting minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 calendar days. All repairs and costs associated with repairs or replacement are the responsibility of the Contractor.
C-13 – Pollution and Erosion Control During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a state-approved sanitary landfill.
C-14 – Site Information and Limitation The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:
Construction sites will be closed to the public during construction. The Forest Service will issue a closure order to the public. The Contractor will be responsible for signing and limiting public access.
Contractor will provide all materials and labor necessary to protect streams, wet or dry, during construction activities. The Contractor will be required to submit a stream protection plan and receive approval from the COR, in writing, prior to the beginning of construction.
All construction equipment shall be pressure washed before entering National Forest System lands. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.
Utilities are not available at the site for construction purposes; however, toilet facilities are available at the site.
Camping will not be allowed on site.
SECTION E--INSPECTION AND ACCEPTANCE
E- 1 - 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.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-12 Inspection of Construction (AUG 1996)
E- 2 – Inspection of Worksite The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.
E- 3 - Warranty The Contractor shall be the source for warranty work regardless of the make of the component. FAR clause 52.246-21 Warranty of Construction is also applicable to this contract.
E- 4 – Pre-Final and Final Inspection
a. Pre-final Inspection: The Government may, at its own discretion, conduct a pre-final inspection prior to the contractor requesting a final inspection. Any discrepancies noted shall be corrected prior to final inspection.
b. Final Inspection: When the work is ready for final inspection, the Contractor shall submit a written request for the final inspection to the duly assigned Contracting Officer’s Representative at least seven (7) days prior to the desired final inspection date. The final inspection will be performed with the Contractor by the appropriate Government personnel. If any discrepancies are noted, they shall be handled in accordance with 52.246-12.
http://www.arnet.gov/far/
SECTION F--DELIVERIES OR PERFORMANCE
F- 1 - 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.arnet.gov/far/
52.242-14 Suspension of Work (APR 1984)
F- 2 - FAR 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 August 31, 2020. The time stated for completion shall include final cleanup of the premises.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H- 1 - AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Project 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.
H- 2 - 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.
H- 3 - 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.
H- 4 - 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.
H- 5 - 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. The Public notification will be done by the Forest Service (radio and Newspaper notices).
The Contractor shall erect warning signs in advance at any place on the project where operations or haul may interfere with the use of the road 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 shall conform with Part 6 of the Manual of Uniform Traffic Control Devices (MUTCD), current edition, published by the Federal Highway Administration, and with all applicable safety codes. A sign plan shall be submitted to the CO for approval prior to installation of the signs. Specific locations shall be designated by the COR prior to installation. All signs shall be installed prior to commencing on-site work. This work shall be considered incidental to Item 00190, Mobilization. Signs will be placed facing the flow of traffic at the following sites: Trenches and other hazards will be signed and flagged in such a way that the public will be aware of the hazard.
H- 6 - Contract Administration
(a) CONTRACTING OFFICER means a person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract.
The Contracting Officer is the only authorized individual to make changes to a contract.
(b) CONTRACTING OFFICER'S REPRESENTATIVE. The Contracting Officer will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the contract shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.
(c) CONTRACTOR'S REPRESENTATIVE. Any representative of the Contractor shall be designated in writing. The designation shall clearly indicate the name and limitations of authority, if any, of the representative.
H- 7 – Work Schedule A Work Schedule shall define the overall time required to perform the identified work. Each major task, including beginning time and ending time, shall be identified within the schedule. This schedule shall be provided to the COR for approval at the pre-work meeting. Notify the Contracting Officer whenever there are significant departures from the approved Work Schedule. Submit any requests to modify the Work Schedule, in writing to the Contracting Officer with an explanation for the deviation.
H- 8 - Subcontract Data The Contractor shall submit an executed Statement and Acknowledgment Standard Form 1413, to the Contracting Officer for every subcontractor (including every subcontractor of the second or lower tier) that will be performing work at the construction site. This shall be submitted before the subcontractor begins work. This form provides an acknowledgment by the subcontractor that mandatory "flowdown" contract clauses have been included in their contract in accordance with FAR Clause 52.222-11.
Completing this form creates no contractual relationship between subcontractors and the Government.
H- 9 - Site Superintendent It shall be the responsibility of the Contractor to provide a responsible site superintendent to represent the Contractor in the field in all matters under this contract including, but not limited to construction, day-to-day coordination of activities, control over employees and subcontractors, and coordination with local Government personnel. The site superintendent shall be designated in writing. They shall be available on site in person to respond to any and all problems during normal working hours. The site superintendent shall be responsible for on-site Quality Control.
Site superintendent shall maintain on site a file containing the following project documents.
• Executed Copy of the Contract
• Contract Drawings
• Contract Specifications
• Quality Control Plan – (up to date)
• As-Built Drawing – (up to date) if required
• Work Orders
• Modifications
This file shall be maintained and available to the Contracting Officer upon request. If the Site Superintendent is replaced, the existing Superintendent shall review all documents and ongoing issues with the new Superintendent.
H-10 - Designation of Contracting Officer Representative Prior to the commencement of work, the COR will be designated. The COR is responsible for administering the performance of the work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by the Contracting Officer prior to the completion of this contract.
H-11 – Pre-work 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.
H-12 - 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. Not required.
(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.
H-13 - Cleaning Equipment All equipment used on the site shall be cleaned and inspected off National Forest land prior to its arrival on the site. The equipment must be 1) free of all mud, seeds, plants, and plant fragments; and 2) free of oil, fuel, or toxic leaks that would wash off into the water. Notify the Contracting Officer 48 hours in advance of mobilizing equipment to the site to arrange an inspection.
(a) Prior to mobilization to the project site and all subsequent move-ins, clean all equipment at a location off the National Forest System lands. Clean equipment to remove all dirt, plant parts, and other material that could carry noxious weed seeds. Have the cleaning approved by the CO prior to entering and operating equipment within the project location. Cleaning service vehicles and vehicles used for transportation of personnel is not required.
(b) The Contractor must clean off road equipment prior to moving between sites that are known to be infested with weeds and other sites on this project that are free of such weeds.
(c) The Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.
H-14 - Prevention of Oil Spills Fuel storage areas shall be located in areas away open waters and wells in a location approved by the COR. To ensure that fuel will not enter waterways in the event of a spill, an approved fuel spill kit will be onsite at all times.
If the Contractor maintains storage facilities for oil or oil products on the project area, the Contractor shall take appropriate prevention measures to insure that any spill of such oil or oil products does not enter any waters of the United States.
Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.
(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 115% of the volume of the petroleum products stored in the tanks. Containment areas shall be lined with an impermeable membrane.
(b) The storage areas shall be located more than 300 feet from any existing stream courses.
Fueling of equipment shall be done in a manner to eliminate potential spills.
(a) Transfer trucks shall be limited to 200 gallons maximum.
(b) Fueling of equipment shall take place a minimum of 300 feet from any stream course.
If this requirement cannot be met a written spill plan must be approved by the COR.
(c) All spills shall be reported immediately to the COR. Spills over 25 gallons must be reported to the Idaho Division of Environmental Quality.
Oil or oil products will be stored at designated staging areas only.
All vehicles transporting oil or oil products for delivery on the project shall be equipped with materials to blot, absorb, contain or control spilled fuel, oil or oil products.
The Contractor shall perform all maintenance activities involving the changing or loss of oil, fuel or other liquids in such a manner as to retain the fluids for removal from the project site for recycling or disposal in a licensed depository for those materials. Oil and oil products shall not be disposed of on site.
H-15 - Interruption in Flow of Traffic The project site may be closed to the public during construction. However, people will be traveling on the road. If for some reason the Contractor needs to work on the road or in the roadway, the Contractor shall take the necessary precautions for visitor safety. A traffic control plan is required to be evaluated for COR approval prior to issuance of the Notice to Proceed.
H-16 - – Conditions on Use of Premisis (Camping) Camping areas for personnel are available. The Contractor should request information from the COR at the time of the pre-work meeting for available areas and issuance of a CAMPING PERMIT.
Requirements contained in the camping permit will be enforced under this contract.
Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the CO or designated representative.
Livestock will not be permitted without written approval from the Contracting Officer.
Refuse including waste materials, garbage, trash and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.
Grey water shall not be placed in the existing vault toilet and must be removed to an established Dump Station Facility.
Black water – Contractor shall either:
1. Use the existing vault toilet and be responsible for pumping the vault and disposing of the waste at an approved waste facility after completion of the project.
2. Utilize portable toilet facilities that the contractor provides and maintains.
The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked. The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
I- 1 - 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.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html
52.204-12 Unique Entity Identifier Maintenance (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 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 (JUN 2003) 52.222-6 Construction Wage Rate Requirements (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 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 Act 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) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
(SEP 2013)
52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL
1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
(AUG 2018)
52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment of Electronic Funds Transfer – System for Award Management (OCT 2018) http://www.usda.gov/procurement/policy/agar.html
52.232-39 Unenforceability of Unauthorized Obligations (JUN 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) 52.236-8 Other Contracts (APR 1984) 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) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.242-13 Bankruptcy (JUL 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (JAN 2019) 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) 52.253-1 Computer Generated Forms (JAN 1991) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.236-7 Permits and Responsibilities (NOV 1991)
AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES
452.224-70 Confidentiality of Information (FEB 1988) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
I- 2 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For Corporate Applicants (FEB 2012) Alt I (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L.
No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.
I- 3 - FAR 52.225-9 Buy American Act-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 an article, material, or supply incorporated directly into a construction material.
“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 construction material (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— https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508…
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