CONSTRUCTION_RFQ1204N719Q0004.doc

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Star Ranger Station Well Development Federal contract opportunity
Solicitation number
1204N719Q0004
Issued by
Department of Agriculture Forest Service R6-Pacific Northwest Region

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Star Ranger Station Well Development RFQ Siskiyou Mountains RD-Rogue River-Siskiyou NF

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1204N719Q0004 Star Ranger Station Well Development Rogue River-Siskiyou National Forest Page | 21

REQUEST FOR QUOTATION

PAGE OF PAGES

(THIS IS NOT AN ORDER)
THIS RFQ
FORMCHECKBOX
IS
FORMCHECKBOX
IS NOT A SMALL BUSINESS SET- ASIDE
1
46
1. REQUEST NO.
2. DATE ISSUED
3. REQUISITION/PURCHASE REQUEST NO.
4. CERT. FOR NAT.DEF.
RATING
1204N719Q0004
11-27-18
939295
UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY
6. DELIVER BY (Date)

Rogue River-Siskiyou National Forest Service 3040 Biddle Road, Medford, OR 97504 See Section F.2

5b. FOR INFORMATION CALL (NO COLLECT CALLS)
7. DELIVERY
FORMCHECKBOX

FOB DESTINATION

NAME
TELEPHONE NUMBER

FORMCHECKBOX

OTHER (See Schedule)

AREA CODE
NUMBER
9. DESTINATION

Maggie Giuliani, Contracting Email: mgiuliani@fs.fed.us

541
618-2018
a. NAME OF CONSIGNEE

8. TO:

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 4:00 pm PDT
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
December 21, 2018
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)

Star Ranger Station Well Development Siskiyou Mountains Ranger District

Rogue River-Siskiyou National Forest

SEE SCHEDULE OF ITEMS

Do Not Enter

Prices Here

Mail Quote to
Maggie Giuliani, Contracting Officer

Rogue River-Siskiyou National Forest 3040 Biddle Road

Medford, Oregon 97504

Or FAX to: 541-618-2148 Technical Point of Contact is Eric Grim, Civil Engineer - 541-618-2065

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
FORMCHECKBOX
are
FORMCHECKBOX

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
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)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Star Ranger Station Well Development Siskiyou Mountains Ranger District

Rogue River – Siskiyou National Forest

Jackson County, Oregon

ITEM NO
DESCRIPTION
METHOD OF MEASUREMENT
PAY UNIT
EST. QUANT.
UNIT PRICE
AMOUNT
A-1
Mobilization /Demob
LSQ
LS
1
$ .
$ .
A-2
Disassemble and Remove Existing Well Equipment/Material
LSQ
LS
1
$ .
$ .
A-3
Develop and Test Well
LSQ
LS
1
$ .
$ .
A-4
Bollards
AQ
EA
3
$ .
$ .
Total Base Items:
$ .

Option 1 Items:

B-1
Reinstall Well Equipment and System Startup
LSQ
LS
1
$ .
$ .
B-2
New 4” Well Liner
AQ
LF
200
$ .
$ .
B-3
New 4” Perforated Section
AQ
LF
20
$ .
$ .
B-4
Well Disinfection and Water Sample Analysis
LSQ
LS
1
$ .
$ .
Total Option Item 1:
$ .

Option 2 Items:

C-1
Drill 6” Diameter Additional Well Depth
AQ
LF
200
$ .
$ .
C-2
Development and 4-hour Flow Test Well
LSQ
LS
1
$ .
$ .
C-3
New 4” Well Liner
AQ
LF
400
$ .
$ .
C-4
New 4” Perforated Section
AQ
LF
20
$ .
$ .
C-5
New PVC SCH 80 Drop Pipe 1.25”
AQ
LF
200
$ .
$ .
C-6
New Conductor
AQ
LF
390
$ .
$ .
C-7
New Pump
AQ
HP
2
$ .
$ .
C-8
Well Disinfection and Water Sample Analysis
LSQ
LS
1
$ .
$ .
Total Option Item 2:
$ .
TOTAL AMOUNT ALL ITEMS:
$ .

LS=Lump Sum AQ=Actual Quantity

Excercise of Options 1 or 2 may be made by the Government at any time during the contract period. See Section I, FAR Clause 52-217-7 – Option for Increased Quantity—Separately Priced Line Item and Section M, FAR Clause 52.217-5 – Evaluation of Options.

B-2 Notes:

Quotes shall be submitted for the total items. Quotes for less than the total items will not be considered.

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 premium payments in total quote price.

DUNS NUMBER: ______________________________________________________________

TAX IDENTIFICATION NUMBER (TIN): ________________________________________

EMAIL ADDRESS: ____________________________________________________________

NOTES:

1) Offerors are urged to inspect work site before submitting quote. See Section L-9 –Site Visit for further information.

2) A payment bond (100%) is required for this project after award (if contract amount exceeds $35,000. 00)

3) Offerors MUST register in the System for Award management (SAM) data base – See FAR 52.204-7 and Annual Representations and Certifications Applications – See FAR clause 52.204-8. These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/ 4) ELECTRONIC OFFERS WILL NOT BE ACCEPTED. An offer that is emailed to government account will be rejected.

5) Facsimile quotes will be accepted at 541.618.2148. See Section L-4.

6) This is not a public bid opening. All offers submitted are considered confidential. The name of the contractor and the amount of the contract will be disclosed only after an award has been made.

7) RETURN PACKAGE: To be considered for award the offeror must complete and return the following documents to this office on or before the date and time specified for receipt of offers:

· Completed Standard Form 18 – page 1

· Schedule of Items/Bid Schedule – page 2

· Notes to Contractor – page 3 (DUNS, TIN and E-mail address)

· All of Section K – Representations, Certifications and Other Statements of Offerors

· Section M – Evaluation Factors for Award/Complete Form

RETURN DOCUMENTS TO:

Rogue River-Siskiyou NF

Attn: Contracting – Maggie Giuliani

Medford, OR 97504

Put Solicitation Number 1204N719Q0004 and Project Title on outside of envelope.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Scope of Contract The Contractor shall furnish the necessary personnel, material, equipment, services to perform the Statement of Work/Specifications referenced in Section J. Work includes well development and work necessary for the purpose of increasing the production of an existing 6” diameter drinking water well in accordance with these specifications. Desired yield is 5-10 gallons per minute.

C-2 Project Location

Star Ranger Station is located in Jackson County, Oregon, on the Siskiyou Mountains Ranger District. It may be reached from Medford, Oregon, by traveling southwest on State Highway 238 through the town of Jacksonville approximately 12.0 miles to County Road 859 (Upper Applegate Road) in the community of Ruch, then south on County Road 859 approximately 6.5 miles to the site. The address is 6941 Upper Applegate Road, Jacksonville, Oregon 97530. .

C-3 Price Range The Government's estimated price range is:

Between $25,000 - $100,000 C-4 Applicable Specifications (CSI Projects)

The specifications shown in the specification listing contained in the attachments are applicable to this contract. All specifications not included in the specification listing but referenced by listed specifications, are applicable. The specifications shown on the specification list are physically attached.

C-5 AGAR 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.

C-6 Reference Standards

ACI

American Concrete Institute

ASTM

American Society for Testing and Materials

AWS

American Welding Society

FAR

Federal Acquisition Regulations

NPT

National Pipe Thread

NSF

National Sanitation Foundation

OAR

Oregon Administrative Rules

ORS

Oregon Revised Statutes

OSHA

Occupational Safety and Health Administration

OSHD

Oregon Department of Transportation, Oregon State Highway Division

USDA

United States Department of Agriculture

USFS

United States Forest Service

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

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

E-1 52.246-12 Inspection of Construction (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

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):

https://www.acquisition.gov/?q=browsefar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

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 30* calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

*Time Includes option item if exercised by the Government.

F-3 Project Coordination/Other Work in the Area

Contractor will be required to coordinate with District staff as needed to obtain access keys, etc. The project site will need to remain open during the duration of the work, contractor will be expected to coordinate with District staff to a reasonable extent. See Specifications for additional information. Work hours shall be Monday through Friday, 8AM – 4:30 PM. Construction activity will not be allowed on weekends or holidays. Weekends are considered to begin at 4:30 pm on Fridays and end at 8:00 am on Mondays.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled and held after the date of contract award. The conference will be held at a mutually agreed upon location.

G-2 Government-Furnished Property (Materials) (USDA 452.245-70)(FEB 1988)

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This shall be used and maintained by the Contractor in accordance with provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Property to be Furnished Delivery Point Time of Delivery None

G-3 Designation of Contracting Officer’s Representative The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award. The Contractor will be notified by letter of name and duties of the COR.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 FAR 52.236-4 Physical Data (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by USFS.

(b) Weather conditions suitable for performance of work are normally expected year around except weather sensitive work during the rainy season.

(c) Wildlife restrictions – No special restrictions are applicable.

H-2 Use of Premises

(a) The project sites are to remain open for public use during performance of work under this contract except in the immediate project area which may be closed by contractor during construction activity. Contractor shall conduct work in such a manner as to protect the public.

(b) Unless provided otherwise, the Contractor shall dispose of solid waste in accordance with applicable Federal, State, and local regulations. Use of Forest Service waste disposal facilities is not allowed.

(c) Contractor is allowed to use existing Ranger Station restroom facilities near the project site. The Government reserves the right to discontinue use of this privilege at its discretion if the Contractor leaves the toilets in an untidy condition. The Contractor shall install a portable toilet if the right to use the facilities is denied by the Government.

(d) Camping: No camping will be permitted at the site.

(e) Fuel storage is not allowed within the project site unless noted elsewhere.

H-3 Utilities (a) Sewer: Not available (b) Water: Not available (c) Electrical: Not available H-4 Hazardous Conditions Safety Plan Certification

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall certify that his/her Safety Plan conforms to the requirements of OSHA. The Safety Plan certification shall be submitted prior to commencing work on the project. Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazard.

Confined space entry

Temporary excavation/deep trenching/slope stability

Tree felling

Fall hazard from work heights exceeding six feet

Blasting

Traffic control on limited visibility roads

X
Heavy equipment operation

Suspended loads

Tree climbing and/or tower climbing

Fire hazards

Hazardous materials handling

Electrical hazard

X
Hydraulic and/or pneumatic and/or high pressure hazards

Lack of illumination

x
Insects

H-5 Product Substitution, Shop Drawings and Material Certification (a) Product Substitution. Any modification of other items, designs, materials, products or equipment (including Government Furnished Property or Government Furnished Material), made necessary because of a substitution, shall be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made. No approvals will be made prior to award.

(b) Shop Drawings and Submittals. The following submittals shall be submitted for approval within 10 calendar days after Notice to Proceed as required by the clause or specification unless noted elsewhere:

Basic

Detailed

Number Government

Reference Requirements of Copies Approval for Brief Title

Section

Section

To Submit Submittal

State Well Report

02 52 00

1.02A

N/A

Well Liner

1.02B

7 days

Drop Pipe

1.02C

7 days

Pump and Conductor

02 52 00 1.02D

7 days

Water Quality Test Results

02 52 00 3.03B

N/A

Certified Payroll Record

I

FAR 52.222-8

N/A

WH-347 (submit weekly)

Schedule

I

FAR 52.236-15

Safety Plan

H-4 Hazardous Conditions

Certification

Government has 7 calendar days to review packet of submittals unless noted elsewhere such as in the specifications.

H-6 Permits and Responsibilities Contractor is responsible to comply with all codes, laws and regulations applicable to this work. (See Section I – FAR Clause 52.236-7) H-7 Landscape Preservation (a) The Contractor shall confine operations to areas designated in contract documents, and prevent the depositing of rocks, drilled materials, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Trash and Refuse - Contractor shall remove all of his own trash and refuse from the contract area. This material must be removed to a State, County, or Municipality-designated solid waste disposal area.

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):

http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-19 Prohibition of Requiring Certain Internal Confidentiality Agreement or

Statements (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applicable if contract exceeds $35,000)

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 (JULY 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-6 Construction Wage Rates 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 (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 Rates 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) (Applicable if contract exceeds

$10,000)

52.222-26 Equal Opportunity (SEPT 2016) (Applicable if contract exceeds $10,000)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

(Applicable if contract exceeds $10,000)

52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) (Applicable if contract exceeds $15,000) 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)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $35,000) 52.228-5 Insurance—Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (JAN 2012) (Applicable if contract exceeds $35,000) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) (Applicable if contract exceeds $35,000)

52.228-14 Irrevocable Letter of Credit (NOV 2014)(Applicable if contract exceeds $35,000)

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 by Electronic Funds Transfer – System for Award Management

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014)

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)

52.236-8 Other Contracts (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)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (OCT 2018)

52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) (Applicable if contract is over $35,000)

452.236-72 Use of Premises (NOV 1996)

452.236-73 Archeological or Historic Sites (FEB 1988)

452.236-76 Samples and Certificates (FEB 1988)

I-2 FAR 52.217-7 – Option for Increased Quantity—Separately Price Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor anytime during the contract period.[. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

I-3 FAR 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 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—

(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 implements 41 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”_______________________________________

[Contracting Officer to list applicable excepted materials or indicate “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).]

I-4 FAR 52.228-13 Alternative Payment Protections (JULY 2000) (Applicable to Contracts >$35,000 but < $150,000)

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

1. Payment Bond

2. Irrevocable letter of Credit

(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.

I-5 AGAR 452.228-70 Alternative Forms Of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.

I-6 Order Of Precedence—Construction

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

I-7 FAR 52.223-2 Affirmative Procurement Of Biobased Products Under Service and

Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

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

SECTION J--LIST OF ATTACHMENTS

J-1 List of Attachments

1.

Project Specifications with list (separate file)

16 pages

2.

Project Drawing ( separate file)

1 page

3. Project site Photographs (separate file)

2 pages

4.

State of Oregon Water Well Report for Existing Well

(separate File) 1 page

5. DOL General Decision Number: OR180056 11/23/2018 8 pages

OR56

General Decision Number: OR180056 11/23/2018 OR56

Superseded General Decision Number: OR20170056

State: Oregon

Construction Type: Heavy

County: Jackson County in Oregon.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2018

1 02/02/2018

2 03/16/2018

3 03/30/2018

4 04/27/2018

5 07/13/2018

6 08/10/2018

7 09/14/2018

8 11/23/2018

* CARP0001-036 06/01/2018

Rates Fringes

Carpenters:

Including Form Work.........$ 37.64 16.83

ELEC0659-012 01/01/2018

Rates Fringes

ELECTRICIAN......................$ 33.94 16.76

ENGI0701-032 01/01/2018

Rates Fringes

POWER EQUIPMENT OPERATOR

GROUP 1.....................$ 41.65 14.35

GROUP 1A....................$ 43.73 14.35

GROUP 1B....................$ 45.82 14.35

GROUP 2.....................$ 39.74 14.35

GROUP 3.....................$ 38.59 14.35

GROUP 4.....................$ 37.51 14.35

GROUP 5.....................$ 36.27 14.35

GROUP 6.....................$ 33.05 14.35

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: CRANE: Helicopter Operator, when used in erecting work; Whirley Operator, 90 ton and over; LATTICE BOOM

CRANE: Operator 200 tons through 299 tons, and/or over 200 feet boom; HYDRAULIC CRANE: Hydraulic Crane Operator 90 tons through 199 tons with luffing or tower attachments;

GROUP 1A: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and over (with luffing or tower attachment); LATTICE BOOM

CRANE: Operator, 200 tons through 299 tons, with over 200 feet boom;

GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399 tons with over 200 feet boom; Operator 400 tons and over

GROUP 2: CRANE: Cableway Operator, 25 tons and over;

HYDRAULIC CRANE: Hydraulic crane operator 90 tons through

199 tons (without luffing or tower attachment);

TOWER/WHIRLEY OPERATOR: Tower Crane Operator; Whirley

Operator, under 90 tons; LATTICE BOOM CRANE: 90 through 199 tons and/or 150 to 200 feet boom; HYDRAULIC CRANE:

Hydraulic crane operator, 50 tons through 89 tons (with luffing or tower attachment); Rubber tired scraper with tandom scrapers; Bulldozer over 120,000 lbs and above;

CRANE: Derrick Barge Operator 30 ton but less than 150 ton;

Blade Operator-Robotic

GROUP 3: HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (without luffing or tower attachment);

LATTICE BOOM CRANES: Lattice Boom Crane-50 through 89 tons

(and less than 150 feet boom); Rubber Tired Scraper: with tandom scrapers; self loading, paddle wheel, auger type, finish and/or 2 or more units; Bulldozer over 70,000 lbs up to and including 120,000 lbs

GROUP 4: CRANE: Hydraulic Crane Operator, under 50 tons;

LATTICE BOOM CRANE OPERATOR: Lattice Boom Crane Operator, under 50 tons; TRACKHOE-ROBOTIC: up to and including

20,0000 lbs. with any or all attachments; DRILLING: Churm

Drill and Earth Boring Machine Operator; Directional Drill

Operator over 20,000 lbs pullback; CRANE: Chicago boom and similar types; Boom type lifting device, 5 ton capacity or less; Asphalt Paver; Rubber-Tired Scraper, single engine, single scraper; Compactor-Self Propelled; Bulldozer over

20,000 lbs and more than 100 horse up to 70,000 lbs; CRANE:

Derrick Barge Operator less than 30 ton; Piledriver;

Screed; Blade operator

GROUP 5: TRACKHOE HYDRAULIC: up to and including 20,000 lbs.;

Boom truck operator; DRILLING: Churm Drill and Earth Boring

Machine Operator; Directional Drill Operator less than

20,000 lbs pullback; Concrete Pumper; Concrete Paver:

Compactor; Forklift over 5 ton, Bulldozer 20,000 lbs or 100 horses or less; Mixer operator; Roller

GROUP 6: Oiler; Bobcat/Skid Loader; Grade Checker; Crane oiler; Asphalt Spreader; Broom Operator; Forklift; Roller

(non-asphalt)

Zone Differential (add to Zone 1 rates):

Zone 2 - $3.00

Zone 3 - $6.00

For the following metropolitan counties: MULTNOMAH;

CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA;

CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS

INDICATED:

All jobs or projects located in Multnomah, Clackamas and

Marion Counties, West of the western boundary of Mt. Hood

National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of

Mile Post 30 on Highway 22 and all jobs or projects located in Yamhill County, Washington County and Columbia County and all jobs or porjects located in Clark & Cowlitz County, Washington except that portion of Cowlitz County in the Mt.

St. Helens "Blast Zone" shall receive Zone I pay for all classifications.

All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the

Portland City Hall shall receive Zone II pay for all classifications.

All jobs or projects located more than 50 miles from the

Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications.

For the following cities: ALBANY; BEND; COOS BAY; EUGENE;

GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG

All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications.

All jobs or projects located more than 30 miles and less than

50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications.

All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications.

IRON0029-011 07/01/2018

Rates Fringes

IRONWORKER (Ornamental, Reinforcing, and Structural).....$ 37.00 27.87

LABO0737-005 06/01/2018

Rates Fringes

Laborers: (Mason

Tender-Cement/Concrete)..........$ 29.70 13.82

LABO0737-006 06/01/2018

Rates Fringes

Laborers: (Mason Tender-Brick)...$ 29.70 13.82

LABO0737-027 06/01/2018

Rates Fringes

Laborers:

GROUP 1.....................$ 29.70 13.82

GROUP 2.....................$ 30.81 13.82

GROUP 3.....................$ 25.77 13.82

LABORER CLASSIFICATIONS

GROUP 1: Blaster, Demolition; General Laborer; Chain Saw

GROUP 2: Vibrating Plate

GROUP 3: Flagger, Traffic Control-Cone Setter

PAIN0055-030 07/01/2013

Rates Fringes

Painters:

Including Brush and Roller..$ 18.01 8.83

PLAS0555-006 06/01/2018

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 34.93 18.17

TEAM0037-011 06/01/2018

Rates Fringes

TRUCK DRIVER

GROUP 1.....................$ 28.52 14.62

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Flatbed Truck

SUOR2009-054 11/23/2009

Rates Fringes

HIGHWAY/PARKING LOT STRIPING:

Painter.........................$ 23.79 6.57

LABORER: Asphalt Spreader.......$ 22.18 9.39

LABORER: Form-Stripping.........$ 19.27 6.32

LABORER: Grade Checker..........$ 20.02 7.22

LABORER: Landscape..............$ 10.60 1.80

LABORER: Pipelayer..............$ 18.57 6.24

OPERATOR: Backhoe...............$ 21.68 5.88

OPERATOR: Excavator.............$ 21.61 7.05

OPERATOR: Loader................$ 22.91 7.72

OPERATOR: Mechanic..............$ 26.57 9.97

OPERATOR: Tractor...............$ 20.00 0.73

PAINTER: Spray..................$ 19.77 0.00

TRUCK DRIVER: Dump Truck........$ 16.00 4.33

TRUCK DRIVER: Lowboy Truck......$ 17.07 5.50

TRUCK DRIVER: Off the Road

Truck............................$ 21.86 7.08

TRUCK DRIVER: Water Truck.......$ 18.41 6.58

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and…

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