1224H820Q0028_09032020.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ IS IS NOT A SMALL BUSINESS SET- ASIDE 1

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

1224H820Q0028 09/03/2020 UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY North East Acquisition Team 4 Farm Colony Drive

Warren PA 16365

6. DELIVER BY (Date)

See Section F

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

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 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

1:00PM (EST) on September 11, 2020 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) Fence construction project for the Allegheny

National Forest Enter pricing on schedule of items in section B

This project is 100% set-aside for small businesses

QUOTES MUST BE SUBMITTED VIA

EMAIL to ashley.a.witmer@usda.gov

AND MARKED WITH

SOLICITATION NUMBER

1224H820Q0028.

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)

Construction RFQ 1224H820Q0028

FENCE CONSTRUCTION ANF

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ALLEGHENY NATIONAL FOREST

BRADFORD RANGER DISTRICT FENCE CONSTRUCTION

Schedule of Items

Area Location Method of

Measurement Pay Unit

Estimated Quantity

Unit Price Amount

432006/029 Corydon Twp., McKean County, FR173

DQ LF 9,739 $________ $_________

436016/028 Corydon Twp., McKean County, FR173

DQ LF 6,007 $________ $_________

432017 Corydon Twp., McKean County, FR173

DQ LF 4,671 $________ $_________

20,417 TOTAL $_________

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule unless otherwise excepted as follows:

NOTES:

1. Contractor must be registered in www.sam.gov in order to submit an offer on this project. THIS IS A

FREE REGISTRATION.

2. There is no pre-proposal meeting for this solicitation. Reference 52.236-27 Site Visit (Construction) contained in this solicitation for instructions on requesting directions to the work area(s) for interested parties who want to visit a potential or previously completed site. Contractors are urged and expected to inspect the site where the work will be performed. All project sites are located on open forest system roads. Additional technical information or assistance with locating the specific project areas may be obtained by contacting the Contracting Officer, who will then contact the appropriate technical professional.

3. This is a construction project which has the following bonding requirements for individual task orders issued under any resulting contract:

http://www.sam.gov/

- 100% performance and payment bonds for task orders over $150,000 10 days from task order award. See Section I for details.

- 100% payment bond for task orders $35,000 and over, but not exceeding $150,000.00.

- See Section I for details. Proper bonding forms must be utilized. Forms can be accessed at https://www.gsa.gov/reference/forms

4. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years to be considered.

5. This Solicitation will result in a firm, fixed price construction contract. One of the requirements is that the Contractor pay their employees the Davis Bacon wages and fringes specified in Section J. Weekly certified payrolls to that effect must be submitted, and the workers may be questioned in this regard.

6. The Method of Measurement, "DQ" stands for Design Quantities. The quantities denote the final number of “Pay Units” (Linear Feet) to be paid for under the terms of the contract. They are based upon the original design data available. Changes in the number of units shown may be authorized under any of the following conditions:

• As a result of changes in the work authorized by the Contracting Officer.

• 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.

• 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 designated quantity is believed to be in error.

https://www.gsa.gov/reference/forms

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

It is the objective of this contract to build fences around timber stands to keep the deer out and prevent tree seedlings from being browsed.

This contract will construct eight foot woven wire fence (7 to 8 foot high with up to 1 foot overlap on the ground) in forested areas on the Allegheny National Forest. The Contractor is responsible for furnishing all supervision, labor, equipment, tools, materials, and incidentals (except as noted in 150 - Government Furnished Property) necessary to complete the work.

120 - Location and Description of Fence Construction Areas

Fence construction areas will be located inside the boundaries of the Allegheny National Forest within the following counties in Pennsylvania (Warren, Forest McKean, and Elk)

130 – Contractor Representative

Before work starts the contractor shall designate a person in writing knowledgeable of contract requirements to act for them in their absence. The contractor or authorized representative shall be at the job site whenever work is in progress. In the absence of the contractor, the authorized representative may receive instructions from the Contracting Officer Representative (COR).

140 - Contractor Furnished Property

The Contractor shall furnish material such as woven wire fence, 10' “U channel” steel post or 4-5” round treated wood posts and 2x4 boards (2x4 boards do not have to be treated), hog rings or ring fasteners, wire ties, and fence staples.

150 - Government Furnished Property

Site maps (included within the contract package) and fence signs that read “Hunting Permitted” and “Gate”.

160 - Protection of Existing Structures

The Contractor shall be required to protect existing improvements such as tree shelters, pipelines, power lines, oil pumping jacks, buildings, gates, culvert pipes etc.

which are located in the project area. The Contractor shall be required to repair or replace such improvements if damaged as a result of their operations.

170 - Measurement

The design quantities in linear feet were determined by using GPS equipment. There may be slight variations that need to occur on the ground due to micro site conditions (excessive rock etc.)

180 - Work Schedule

The Contractor shall notify the COR two days in advance of where and when work will start. Forest Service personnel will be available to answer questions or check areas Monday - Thursday, 7:00 am to 4:00 pm. Contractor may work at their own schedule and on weekends, unless otherwise designated by the COR. These instances will be rare, but could occur due to site specific resource concerns or recreation mitigations. These instances will be communicated at the beginning of the task order.

SECTION 200

TECHNICAL SPECIFICATIONS –

WOVEN WIRE FENCE CONSTRUCTION

210 - Project Description

211 - Boundary

Fence line locations shall be designated with Orange flagging. The contractor shall remain within 20 feet of the flag line at all times. There may be instances in which the Contractor may elect to make slight changes to the flag line of an additional 10 feet to ensure proper construction of the fence;

however, they must verbally inform the COR of these instances.

If there are instances where the contractor feels a section of line is unworkable (Ex. rocks, steep ground, etc.) and requires a change of greater than 30 feet in the location of the line, he/she must notify the COR immediately of the proposed change. An agreement shall be made between the two parties as to the revised location of the fence line.

If the revised location shall require a change of greater than 15% of the linear footage estimate a written request for a change in price shall be submitted to the CO for modification.

Sites shall be designated with an orange tag referencing “Fence Construction” and the “Unit #” that indicates the location. The contractor is required to sign the card to ensure they are at the correct location before work can begin.

212 - Hazard Tree Felling

Hazard trees are dead or dying trees, split trees, heavily leaning trees, or root-sprung trees that are in a position to fall across the fence location.

The contractor shall fell all hazard trees that are within striking distance of the newly constructed fence as long as they feel safe in felling the tree. No hazard trees on private property shall be felled and all property lines including rights of ways shall be kept free of slash or other fence construction debris.

213 - Fence Row Clearing

The Contractor will clear a path at least eight feet wide but less than twelve feet wide, of heavy brush, stumps, large rocks or other obstructions. This path, which will lie outside the fence, serves as the access corridor for erecting the fence, and serves as an access for ATV/UTV’s for maintenance of the fence for the next 5 to 8 years. It may not however be necessary to disturb the ground around the entire perimeter. In cases where the ground is generally level, free of stumps and large rocks, ground disturbance will not take place. A small bulldozer or equivalent represents a good machine to use to clear this corridor and level off high and low spots to reduce the amount of fill needed under the fence. The Contractor shall be responsible for, and may be charged for, damage to standing trees.

214 - Fence Supports

The Contractor shall erect the fence by fastening the fence to posts or trees.

All trees shall be protected by placing a 2x4 board between the fence and the tree and stapling the fence to the board. Trees under 4" DBH are not to be used nor are striped maple trees. Boards will be fastened to trees with no more than 2 nails. One on the top and one on the bottom (the bottom being below stump height (<12")). Black cherry trees or veneer quality trees will not be used unless prior approval is given by the Forest Service on a case by case basis. It has been found that by nailing into black cherry, that the nails will cause staining thus causing a defect in the wood of the tree. Maximum distance between steel posts, wooden posts or trees will be no greater than 30 feet.

It is not the intent of the Forest Service to have straight fence lines.

Trees will be used for support where available along the flagged/3-striped location. Posts will be used where tree support is not available within the 30’ maximum span.

Posts that are not in line (corners for example) will be treated wood, 6"x 6" square, or 4-5" diameter round and braced or supported in place. In-line post may be the same as the previously mentioned wood post, or steel post that weigh 2 lb/ft. All posts will be at least ten (10) feet long set at least 2 feet into the ground. Corner posts will be braced and/or guy wired to withstand the pull of the fence without bending or pulling out of the ground. Guy wire should be secured by posts and not by nearby trees.

215 - Fence Stretching

Ideally, the fence will be at least 7 feet high with up to a one foot overlap on the ground pulled to the outside of the fence. The fence will be stretched so that the wire is pulled against a post, corner or turning support. The contractor will stretch the fence either on the inside or the outside of supports so the fence tension is against the support not pulling away from the support.

The top and bottom rolls of fence will be fastened to each other at least every 6 feet by hog rings or heavy duty ring fasteners. The bottom wire of the top roll shall be fastened to the top wire of the bottom roll. Where a post is used, the fence must be secured to the post a minimum of four places with one being the top wire of the top section.

216 - Securing the Fence Bottom

The fence must be constructed so that deer will be unable to crawl under the fence. This can be achieved by leaving a one foot overlap on the ground to the outside of the fence which is anchored to the ground with stakes or stapled to sound wood chunks, a minimum of every 10'. An alternative method is to bring the fence to the surface of the ground and fill the gaps between the ground and fence that are over 3 inches high and 4 feet long with pieces of sound wood stapled to the fence bottom, attached pieces of fence wire or large rocks. No part should be loosely laying on the ground, the entire bottom perimeter should be tight. Dirt excavated from the cleared path may be used to anchor the fence to the ground. The contractor will be responsible for appropriate erosion prevention (see Section 231). The Forest Service may designate certain areas where it has determined the need for sound wood to be used rather than excavated dirt. For example, concerns due to terrain or nearby pipelines etc. These areas would be designated on the ground by the COR or inspector.

217 - Deer Drive

Prior to closing up each fence area, the Contractor shall conduct a deer drive to chase out any deer within the fence area. The Contractor may need to leave multiple holes in order to get the deer out and shall time the drive so that the fence is closed a short time after the drive is completed (e.g. the same day).

218 - Public Access

Walkthrough Gates - Required on all newly constructed fences. See Exhibit C drawing. The location will be flagged by the Forest Service Inspector and the general location is shown on the maps. The number of gates needed per fence is listed in Exhibit E.

219 – Vehicle Access

Vehicle and Skidder Access Gates - Specifications for construction are in Exhibit D. If required, the location shall be designated by the Forest Service Inspector or the COR. The general location shall be designated on the maps.

For the type and number required for each fence see Exhibit E. Note that the drawings in Exhibit D specify a difference between Vehicle and Skidder Access gates. Vehicle gates should be installed where vehicles may need access to stone pits, well heads or old landings. Skidder gates shall be used only on skid trails. Exhibit E specifies what types and how many gates are required. Both gate styles should be adjusted to follow the width of the skid/access road as this skid/access road will be used again to enter the fence.

220 - Fence Material

221 – Fence

The fence will be 8 foot high, using 2, 47" rolls of galvanized steel woven wire fencing. Fence will have no more than 6" between stay wires, at least 10 graduated line wires, 12 1/2 gauge top and bottom wires, and 14 gauge line & stay wires.

222 - Fasteners

Fence staples will be 1 ¼ to 1 ½” in length. No staples will be driven into trees. Nails used to secure the 2x4 boards should be no larger than 16d. Ties to secure the fence to metal poles will be 14 gauge stainless ties. Hog rings may be used to fasten the top fence to the bottom fence as described in 215 - Fence Stretching. No aluminum wire, hog ring, etc. will be used in the construction of the fence because porcupines will find it, eat it, and damage the fence.

230 - Vehicle Operation

Vehicles may be operated down the area cleared for the fence. Vehicle may not cross the interior of the area to the fence except with approval of the COR. Vehicles may not travel on pipeline rights of way.

231 - Erosion Prevention

Equipment shall not be operated when ground conditions are such that excessive damage will result. Contractor shall construct cross ditches, dips, or berms along cleared path as they see fit on the ground or as designated by the COR. Insloping or outsloping may be needed for proper drainage and to minimize rutting. The contractor will be required to fill in areas which become excessively rutted during work, or install water bars, dips etc. on steep and poorly drained portions of the cleared path. Small streams or seeps including adjacent banks which cannot be avoided will be cleared by hand;

not by bulldozer. If bulldozer crosses them they must be corduroyed with logs or poles to stabilize the crossing and minimize earth disturbances and siltation.

240 - Clean Up

The Contractor shall remove all trash and debris generated in performance of this contract.

250 - Payment

No payment shall be made for partial fence completion. Payments can be processed for successfully completed units, as the contractor invoices on IPP. There is a max limit of one invoice per 30 day window. The payment amount shall be based on the final fence perimeter as agreed on by the contractor and the Forest Service.

Any fence completed when snow cover is greater than 3" and inspection of the bottom edge of the fence is not possible, will not be completely accepted or paid for until spring.

260 - Safety

261 - Contractor shall ensure that he and all employees use appropriate personal protective clothing and equipment. Appropriate clothing shall be based on the type and characteristics of the task anticipated. For example: felling hazard trees.

Appropriate clothing shall be but is not limited to: protective chaps, hardhats, eye protection, hearing protection, boots and gloves.

262 - It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop on that area of work and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

270 - Special Conditions

271 -In items where the fence perimeter runs along a Forest Road, the fence will be located outside of the clearing limits of the road (generally, 30 feet from the edge of the road or as flagged), unless otherwise designated by the COR.

**At no time shall fence posts be erected in the ditch line or between the ditch line and the road surface on any bordering roadside.

Project Location

Location and Description of Proposed Project Area -Refer to Attached Project Maps

Proposed Fence Construction Area’s:

All fences are located in Corydon Twp., McKean County, Pennsylvania. The proposed perimeter distance of the three fence locations should total roughly 20,417’. The proposed location is located off of FR173 next to the intersection of FR173/FR173C.

Driving directions from the Bradford Ranger Station, 29 Forest Service Dr. Bradford, PA 16701:

Leave the Ranger Station and head east on Rte. 59 towards Bradford, PA. Travel on Rte. 59 approximately 2.0 miles to Rte. 321 North (Next to Harrisons Fire Grill –closed). Turn left onto SR 321 North and travel approximately 4.0 miles to FR137 which will be on the right. Take right onto FR137 and travel 2.1 miles to a right hand turn onto FR173. Travel on FR173 approximately 1.0 miles to the intersection of FR173C. At the intersections, there should be visible orange tags designating the forested stands to be fenced.

Price Range

The magnitude of construction for this project is:

- between $25,000 and $100,000

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.1 Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223- 9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used i n t h e performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense Roofing Products, low flow toilets, faucets, appliances

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov a Diesel Fuel Additives

(1) Any substance, other than one composed solely of carbon and/or hydrogen, that is intentionally added to diesel fuel (including any added to a motor vehicle's fuel system) and that is not intentionally removed prior to sale or use.

(2) Neat biodiesel, also referred to as B100, when used as an additive. Diesel fuel additive does not mean neat biodiesel when used as a fuel or blended biodiesel fuel (e.g., B20). 90% - Minimum Biobased Content.

b Hydraulic Fluids - Mobile Equipment Hydraulic fluids formulated for general use in nonstationary equipment, such as tractors, end loaders, or backhoes. 44% - Minimum Biobased Content.

c Penetrating Lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Biobased Content.

d Greases - Truck Lubricants composed of oils thickened to a semisolid or solid consistency using soaps, polymers or other solids, or other thickeners. Lubricants that are designed for use on the fifth wheel of tractor trailer trucks onto which the semi-trailer rests and pivots. 71% - Minimum Biobased Content.

e Gear Lubricants Products, such as greases or oils, that are designed to reduce friction when applied to a toothed machine part (such as a wheel or cylinder) that meshes with another toothed part to transmit motion or to change speed or direction. 58% - Minimum Biobased Content.

f Fuel Conditioners Products formulated to improve the performance and efficiency of engines by providing benefits such as removing accumulated deposits, increasing lubricity, removing moisture, increasing the cetane number, and/or preventing microbial growths within the fuel system. 64% - Minimum Biobased Content.

g Erosion Control http://www.energystar.gov/ http://www1.eere.energy.gov/femp/procurement/eep_requirements.html http://www.epa.gov/watersense http://www.sam.gov/ http://www.biopreferred.gov/

Woven or non-woven fiber materials manufactured for use on construction, demolition, or other sites to prevent wind or water erosion of loose earth surfaces, which may be combined with seed and/or fertilizer to promote growth. 77% - Minimum Biobased Content.

h 2-Cycle Engine Oils Lubricants designed for use in 2-cycle engines to provide lubrication, decreased spark plug fouling, reduced deposit formation, and/or reduced engine wear. 34% - Minimum Biobased Content.

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Foams, refrigeration products, air conditioning products

C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Plastic trash bags, printer ribbons, toner cartridges, print & writing papers, Traffic Barricades, Traffic Cones, Engine Coolants, Rebuilt Vehicular Parts, Re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

SAFETY AND HEALTH

1.1 SUMMARY

A. References: In addition to publications referenced in the Contract and FAR 52.236-13, the following Code of Federal Regulations (CFR) publications designate and define hazardous materials and conditions, and establish procedures for handling these materials and conditions.

1. 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA) General Industry and Health Standards.

2. 29 CFR, Part 1926: OSHA Construction Industry Standards.

3. 40 CFR, Part 61: National Emission Standards for Hazardous Air Pollutants.

4. 40 CFR, Part 261: Environmental Protection Agency (EPA) Characteristics of Hazardous

Waste.

5. 40 CFR, Part 761, EPA Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, Distribution in Commerce and Use Prohibitions.

B. Acquisition of Publications: Referenced CFR publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

1.2 SAFETY MEETING

A. Prior to commencing construction, representatives of the Contractor, including the Superintendent, shall meet with the Government to review the Contract's safety and health requirements.

B. The Contractor's safety and health program shall be reviewed, and implementation of safety and health provisions pertinent to the Work shall be discussed.

1.3 COMPLIANCE WITH REGULATIONS

http://www.epa.gov/epeat http://www.epa.gov/snap https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

A. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards and regulations pertaining to the health and safety of personnel during execution of the Work. The Contractor shall have written safety and health programs in compliance with 29 CFR Parts 1910 and 1926.

1.4 SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, copies of the project safety and health programs, as applicable to the work scope, or required as a result of the safety meeting, including but not necessarily limited to the following:

1. Occupational Noise Exposure.

2. Fall Protection.

3. Personnel Protective Equipment.

4. Control of Hazardous Energy.

5. Electrical Safety Related Work Practices.

6. Lead.

7. Respirator Protection.

8. Confined spaces.

9. Heavy Equipment Operation

PART 2 - PRODUCTS

2.1 PERSONNEL PROTECTIVE EQUIPMENT

A. Special facilities, devices, equipment and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

PART 3 - EXECUTION

3.1 EMERGENCY SUSPENSION OF WORK

A. In accordance with FAR 52.236-13, when the Contractor is notified by the Government, of noncompliance with safety or health provisions of the Contract, the Contractor shall immediately, correct the unsafe or unhealthy condition. In accordance with FAR 52.236-13 if the Contractor fails to comply promptly, all or part of the Work will be stopped by Government notice. The Contractor shall not be allowed any extension of time or compensation for damages in connection with a work stoppage for unsafe or unhealthy conditions.

3.2 PROTECTION OF PERSONNEL

A. The Contractor shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others.

3.3 ENVIRONMENTAL PROTECTION

A. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances and regulations.

B. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than _October 31, 2020. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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 ___10___ days after the date of contract award. The conference will be held at __TBD_________.

G.1 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

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.

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 for a contract claim.

G.2 GOVERNMENT-FURNISHED PROPERTY --RESERVED

G.3 INVOICING

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice on this project.

G.4 FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the final amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed invoice; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

RELEASE OF CLAIMS

To be submitted by contractor with final invoice

Contract Number:

For and in consideration of payment and pursuant to the terms of the contract cited above, the government of the United States, its officers, agents, and employees are hereby released and discharged from all liabilities, demands, obligations, and claims arising under or by virtue of said contract.

Signature: ________________________________

Printed Name: ________________________________

Title: ________________________________

Company: ________________________________

Date: ________________________________

G.5 CONTRACTOR CERTIFICATION

Contractor will submit certification with every progress invoice

CONTRACTOR CERTIFICATION

Page of Unit (Region, Forest, District) Project: Contract No.

Name and Address of Contractor:

Invoice No. Invoice Date:

CONTRACTOR CERTIFICATION

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) Payments to subcontractors and suppliers have been made, and timely payments will be made for the work activities covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments/credits does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

G.6 INCIDENTAL PAYMENT ITEMS

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

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 EQUIPMENT CLEANING

All soil moving equipment shall be thoroughly cleaned to make it free of soil, noxious weed seeds, vegetative matter or other debris that could contain or hold seeds prior to being delivered to the project site. Equipment shall be considered free of soil, noxious weed seeds and other such debris when a visual inspection by the C.O.R., prior to the equipment being delivered to the site, does not disclose such material present. Disassembly of equipment components is not required. The Contractor shall notify the Forest Service at least five (5) working days prior to moving each piece of soil moving equipment onto the project site, unless otherwise agreed.

The Contractor shall thoroughly clean all soil moving equipment prior to moving them off a project site or between work areas on a project site that are known to be infested with noxious weed species of concern and other work areas, if any, that are free of noxious weed species of concern. Areas known to be infested with specific noxious weed species of concern to the Forest Service shall be noted in the Schedule of Work. The Contractor and the Forest Service shall agree on the methods of cleaning, location for the cleaning and control of off-site impacts, if any.

When new areas of infestation of noxious weeds of concern to the Forest Service are identified on the project site by either the Forest Service or Contractor they shall be promptly reported to the other party.

H.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS). Although the expected amount of this project is below the automatic reporting threshold, an evaluation may be entered into the CPARS system at the Contracting Officer’s discretion.

H.3 UTILITY SERVICES --RESERVED

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far, https://www.acquisition.gov/agar

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2019) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applicable if contract exceeds $35,000)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.219-6 Notice of Total Small Business Set-Aside (MAR 2020) 52.219-14 Limitations on Subcontracting (MAR 2020) 52.219-28 Post-Award Small Business Program Rerepresentation. (MAY 2020) 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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUN

2020) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

FENCE CONSTRUCTION ANF

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (Jan 1997) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 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) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.228-11 Pledges of Assets (AUG 2018) (DEVIATION APR 2020)(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) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC

2013)(DEVIATION APR 2020)

52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 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) ALT 1 (NOV 1991) 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 (JUN 2020)(DEVIATON APR 2020) 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)

FENCE CONSTRUCTION ANF

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)

52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

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

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

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

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means— https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

(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______________________________________

(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;

http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

(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…