1204T020Q0026-SolicitationPacket.pdf
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- Castle Rock Picnic Shelter
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- 1204T020Q0026
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Department of Agriculture Forest Service
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REQUEST FOR QUOTATION PAGE OF PAGES
(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1 1
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF. RATING
1204T020Q0026 March 16, 2020 994302
UNDER BDSA REG. 2 �
AND/OR DMS REG. 1
5a. ISSUED BY 6. DELIVER BY (Date) Siuslaw National Forest Email: sm.fs.conwest@usda.gov (ATTN: Janet Paul) ATTN: Janet Paul, AQM or 3200 SW Jefferson Way Fax: 866.230.8120 (ATTN: Janet Paul) Corvallis, OR 97331
As specified within
5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)
AREA CODE NUMBER 9. DESTINATION
Janet Paul, CO Craig Evans, COR
750.7120 750.7083
a. NAME OF CONSIGNEE
8. TO:
a. NAME b. COMPANY b. STREET ADDRESS Siuslaw National Forest
c. STREET ADDRESS c. CITY 3200 SW Jefferson Way
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Corvallis OR 97331
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 6, 2020 @ 4:00 PM PST 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)
Castle Rock Picnic Shelter
See
Hebo Ranger District Siuslaw National Forest
Attached
Tillamook County, Oregon Requirements
The Government’s estimate is between $100,000 and $250,000
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 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
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 - SCHEDULE OF ITEMS
SECTION B – SERVICES AND PRICES
Hebo Ranger District, Siuslaw National Forest
Tillamook County, Oregon
B- 1 - SCHEDULE OF ITEMS
PAY
ITEM
DESCRIPTION
MM*
UNIT
EST
QUANTITIES
UNIT
PRICE
TOTAL
Manufacture and delivery of log structure materials to project site
LSQ
Lump Sum All
N/A $
2 Mobilization
Sum All
N/A
Site preparation
Sum All
N/A $
Construction of structure
Sum All
N/A $
Concrete Floor Slab, 6-inch thick slab
DQ
Square Feet 1064
6 Gravel accessible paths
DQ
Linear Feet 135
*MM = Method of Measurement TOTAL $
B-2 Note:
Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Pay Item 2 - Mobilization.
Total Contract Time for this project is 120 calendar days, however, on-site work will be restricted to the dates from September 8, 2020 to November 6, 2020. The additional 60 calendar days are allowed for the Contractor to complete the design, submit and obtain approval of Shop Drawings and other submittals, gather materials, and mobilize to the project site.
OFFERORS MUST ALSO PROVIDE A TECHNICAL RESPONSE TO THE EVALUATION
CRITERIA IDENTIFIED IN SECTION M. IF NO RESPONSE IS PROVIDED, YOUR OFFER
WILL BE CONSIDERED NON-RESPONSIVE AND REMOVED FROM CONSIDERATION.
For technical questions contact Craig Evans @ 541.750.7083 or craig.evans@usda.gov
DUNS Number________________________
EMAIL ______________________________
NOTE: Prospective offerors MUST register in the System for Award Management (SAM):
https://www.sam.gov/SAM/
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-1 STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-72 (FEB 1988)
This project consists of all labor and materials required to provide and construct one new log picnic shelter at Castle Rock Group Campground, approximately 36’ x 28’ x 12’ (Hebo Ranger District, Siuslaw National Forest). This project will include, but not limited to, relocating existing picnic tables and fire pits, site grading for structure, concrete footings and floor and aggregate surfaced accessible paths, providing structural shop drawings for the manufactured picnic shelter structure. The project will be similar in style and construction to the Detroit Ranger Station picnic shelter shown in the Statement of Work. Contractors are strongly encouraged to visit the Hebo project site prior to submitting their offer to verify the details of the scope of work, including the location of the project and proposed improvements, existing conditions, actual distances, feasibility of the work as described. Refer to Statement of Work (SOW) and Project Drawings for additional details (see Section J).
C-2 PROJECT LOCATION
The project is located at Castle Rock Group Campground Site. The location is adjacent to Highway 22, near Hebo, Oregon. From Hebo, Oregon, travel south on Highway 22 for approximately 4.2 miles, the location is on the right.
C-3 PRICE RANGE
The Government’s estimate is: Between $100,000 and $250,000.
C-4 SPECIFICATIONS
AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR PART 101-
29 (FAR 52.211-1) (AUG 1998)
(a) The GSA Index of Federal Specifications, Standards and Commercial Item Description, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--
GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.
AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF
FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM
DESCRIPTIONS (FAR 52.211-3) (JUN 1988)
The specifications cited in this solicitation may be obtained from:
Specification Address
ASTM Standards American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103
(215) 199-5462
AASHTO Standards American Association of State Highway and
Transportation Officials 444 N Capitol Street, NW Ste. 249, Washington, D.C. 20001 Phone: 202-624-5800
Oregon OSHA 350 Winter Street NE, Rm 430 PO Box 14480
Salem, OR 97309-0405 Phone: 503-378-3272
ADA Phone: 800-514-0301
ABAAS 1331 F Street NW, Suite 1000 Web site: https://www.access-board.gov/guidelines Washington, DC 20004-1111 Phone: 202-272-0080 or 1-800-872-2253
WCLIB 6980 S.W Varns Web site: http://www.wclib.org/contact/ Tigard,OR 97223 Phone: 503-639-0651
WWPA 1500 SW 1st Ave Ste 870, Web site: https://wwpa.org/ Portland, Oregon 97201 Phone: 503-224-3930
Timber Products Inspection, Inc 100 Kedran Drive, Web site: https://www.tpinspection.com/ Peachtree City, GA 30269 Phone: 770-922-8000
FSORAG 5785 HWY.10 West Missoula,MT 59808-9361 Phone: 406-329-397
The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.
C-5 SUBMITTALS
Submittals shall include the following unless otherwise required in the specification:
1. Date and revision dates.
2. Project name and contract number.
3. Names of Contractor, subcontractor, supplier, and manufacturer.
4. Specifications section number.
5. Field dimensions and relation to adjacent structures.
6. Applicable standards such as ASTM or Federal Specifications.
7. Contractor's stamp, initial or signature, certifying the review of submittal, verification of field measurements and compliance with contract documents. Provide all submittals within 14 calendar days of contract award unless otherwise required by the specification.
C-6 PRODUCT SAMPLES AND/OR SUBMITTALS
The following product samples and/or submittals are required for this project:
Title Referenced By Specification No.
Time of Government Approval after Submittal
Work Progress Schedule
FAR 52.236-15 and Statement of Work
7 days
Health and Safety Plan (Accident Prevention)
FAR 52.236-13 and Section H-11
Products, Materials, Miscellaneous Statement of Work 7 days Wood Preservative: Klear Grad 25 with Tru-Core Technology
Aggregate Base FP-14 7 days Roofing Statement of Work 7 days
C-7 SHOP DRAWINGS
The following shop drawings shall be submitted on this project:
Title Referenced By
Specification No.
Time of Government Approval after Submittal
Manufactured Shelter Structure Statement of Work 14 days
C-8 MATERIAL CERTIFICATIONS AND TESTING REPORTS
The following material certifications and/or testing reports shall be submitted on this project:
Title Referenced By Specification No.
Time of Government Approval after Submittal
Manufacturer Certification Statement of Work 7 days Mix design used with trip ticket for concrete compressive strength
C-9 GOVERNMENT FURNISHED PROPERTY
Description Location Remarks
NONE
C-10 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS - AGAR 452.211-73
(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.
SECTION D--PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
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
52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-12 Inspection of Construction (AUG 1996)
E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)
(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at the site.
E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT
The Government will perform sampling, testing and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Supplemental Specifications.
E-4 CONFORMITY WITH PLANS 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 Plans, indicated in the specifications, or designated on the ground. "Reasonably close conformity" is in compliance with reasonable and customary manufacturing and construction tolerances.
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/
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 120 calendar days after the issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.
Estimated Start Work: July, 1, 2020, however, on-site work will be restricted to the dates from September 8, 2020 to November 6, 2020. The additional 60 calendar days are allowed for the Contractor to complete the design, submit and obtain approval of Shop Drawings and other submittals, gather materials, and mobilize to the project site.
F-3 SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE
The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable;
or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.
SECTION G--CONTRACT ADMINISTRATION DATA
G-1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The COR is responsible for administering the performance of 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 proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim
G-2 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 within 15 days after the date of contract award.
The conference may be held at either the Siuslaw National Forest office in Corvallis, OR or the Hebo Ranger District office in Hebo, OR.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H-1 POTENTIAL SAFETY HAZARDS
(a) 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. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.
(b) The following checked activities have been identified by the Government as potential safety hazards.
[ ] Confined space entry.
[x] Temporary excavation/deep trenching/slope stability.
[] Tree falling.
[x] Fall hazard from work heights exceeding six feet.
[ ] Blasting.
[x] Traffic control on high-volume and/or high-speed and/or limited visibility roads.
[x] Heavy equipment operation.
[ ] Tree climbing and/or tower climbing.
[] Fire hazards.
[] Hazardous materials handling.
[x] Electrical hazard.
[x] Hydraulic and/or pneumatic and/or other high-pressure hazards.
[x] Mechanical hazards such as pulleys, springs, etc.
[ ] Other __________________________________
H-2 INDUSTRIAL CAMPS
Forest Service regulations for Use of Campgrounds prohibit occupancy of developed recreation sites for other than primarily recreation purposes. No industrial camping will be authorized at these sites.
A special use permit is required on National Forest land for industrial camps. These permits are to be obtained by the Contractor through the Contracting Officer. Such permission, if granted, will be without charge to the Contractor but may include use restrictions.
One self-contained camp unit will be allowed at each staging area and equipment or supply dump for use by a watchman.
H-3 SALVAGE RIGHTS
No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.
H-4 SPECIAL EQUIPMENT CLEANING REQUIREMENTS
All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands. Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.
Equipment shall be made available for visual inspection by the Forest Service prior to entering Forest Service lands. The Contractor shall advise of a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands.
Special care shall be taken to assure removal of the following noxious weeds and their seeds:
spotted knapweed (Centaurea maculosa) diffuse knapweed (C. diffusa) yellow starthistle (C. solstitialis) gorse (Ulex europaeus) rush skeletonweed (Chondrilla juncea) tansy ragwort (Senecio jecobaea) purple loosestrife (Lythrum salicaria) distaff thistle (Carthamus lanatus) scotch broom (Cytisus scoparius)
The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.
H-5 PHYSICAL DATA (FAR 52.236-4) (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 in the contract package are the result of site investigations visual inspection and measurement.
H-6 LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS
(a) Prior to excavation, the Contractor shall remove the organic surface layer of soil, including grass and small plants within the clearing limits, stockpile separately and redistribute these materials over the finished slopes on the project as directed by the Contracting Officer. The conserved organic soil layer will be approximately 6” in thickness in all locations where practical and shall be removed with a smooth-edged excavator bucket or other similar tool that is capable of separating the upper organic layer of soil from the lower soil. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, 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) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill, then immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124, and then immediately notify the Contracting Officer.
Contractor shall have a SPILL RESPONSE KIT on the project whenever equipment is operating. The spill kit shall be sufficient to absorb 34 gallons of oil, designed to float on the surface, while absorbing oil and repelling water. The KIT shall meet or exceed the physical properties of “New Pig Products Spill Kit #408”.
Oil absorbing mats are required under all stationary equipment, or equipment being serviced within the Forest Boundary to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.
Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. If the total oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare a Spill Prevention Control and Countermeasures (SPCC) Plan.
Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer.
Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility.
All equipment shall be power washed and shall be clean prior to entering Forest Service Land.
(c) No objectionable material shall be allowed to enter any stream, river, lake, or other body of water.
Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.
(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the areas flagged on the ground or beyond two feet from edge of walkways, top of cuts, or toe of fills.
(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.
H-7 PRODUCT SUBSTITUTION
Any modification of items, designs, materials, products or equipment (including Government-Furnished property), made necessary because of a substitution, will 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.
H-8 FINAL CLEANUP
Contractor shall remove and dispose all of its own trash and refuse from the project area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. All debris shall be disposed off National Forest Land and in accordance with State and Local disposal requirements.
H-9 AVAILABILITY AND USE OF UTILITY SERVICES (FAR 52.236-14) (APR 1984)
Contractor shall carefully conserve any utilities furnished without charge. The Contractor may use the vault toilet restroom available on site for their workers.
H-10 USE OF PREMISES
The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform this contract in such a manner as not to interrupt or interfere with the conduct of Government business.
H-11 SITE SAFETY PLAN
The contractor shall submit a written site, specific safety plan for each project, which includes procedures for traffic control, excavation, and heavy equipment use. The intent is to use this plan as a basis of discussion at the pre-work and subsequent meetings to insure safe contractor operations. It will also be used as the safety standard during the course of the construction project.
H-12 CONTROL OF MATERIAL
Storage and Stockpiling of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.
Earthwork Tolerances: 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 in compliance with reasonable and customary manufacturing and construction tolerances.
H-13 USE OF ROADS BY CONTRACTOR
The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.
Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.
Before shutting down any operations, leave all travel ways in a condition suitable for traffic.
Unless otherwise provided, traffic delays may not exceed 30 minutes.
If the Contractor requests use of a National Forest road or road segment not listed above, the Forest Service may authorize such use if not in conflict with the current Road Rules document. Authorization to use such additional roads may include maintenance requirements and use limitations.
The roads authorized for use will be subject to the following provisions:
(a) The current National Forest Road Use Rules Document is applicable to all commercial road users.
This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract.
(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR 261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.
H-14 PROSECUTION OF WORK
(a) Construction activity shall be limited to the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, unless other hours are approved in writing by the Contracting Officer. The Contractor shall conduct activities so that interference with the public or Forest Service employees shall be kept at a minimum. Any activities requiring closure shall be scheduled with the Contracting Officer at least 7 days in advance.
(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.
H-15 SANITATION REQUIREMENTS
Unless substitute measures or equipment are authorized in writing by the Contracting Officer, protection of air and water quality will include the use of approved chemical toilets by all persons engaged in road construction or in removing timber under this contract while they are within the boundaries of the Forest. Such facilities shall be furnished by Contractor in quantities and at locations approved by the Engineer. No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.
H-16 PROTECTION OF CULTURAL RESOURCES
Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C.
470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified.
Discovery of such areas or objects by either party shall be promptly reported to the other party.
Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.
Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.
H-17 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE
SPECIES
Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Plans and identified on the ground. Measures needed to protect such areas have been included elsewhere in this contract or are as follows:
NONE
If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.
H-18 METHODS OF MEASUREMENT
One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:
(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:
(1) As a result of changes in the work authorized by the Contracting Officer.
(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.
(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more.
The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.
(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.
(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.
(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.
(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.
H-19 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance - Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.
Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
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
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 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) 52.211-6 Brand Name or Equal (AUG 1999) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 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 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 (SEP 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 Affirmative Action for Workers with Disabilities (JUL 2014) (Applicable if contract exceeds $10,000) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction
Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)
52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction
Contracts (MAY 2008) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) (Applicable if contract exceeds $35,000) 52.228-11 Pledges of Assets (AUG 2018) (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) 52.233-1 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) 52.236-9 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) 52.236-16 Quantity Surveys (APR 1984)
Alternate I (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 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)
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) 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)
I-2 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (FAR 52.204-13) (OCT 2018)
(a) Definition. As used in this clause--
“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
“Registered in the System for Award Management (SAM)” means that—
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the
SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.
Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(d)
(1)
(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in the SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within
30 days after the change, so an appropriate modification can be issued to update the data on the contract.
A change in the unique entity identifier does not necessarily require a novation be accomplished.
(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.
I-3 52.204-19 – INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
I-4 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL
2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract.
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