Amend-1 12363N22Q4026-MarienvilleRDFence.pdf

(x)

12363N22Q4026 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

WASHINGTON DC 20250-1138

363N

MS-1138

1400 INDEPENDENCE AVE SW

CHAD AT BULLOCK

USDA-FS STEWARDSHIP CONTRACTING BR

01/25/20220001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/25/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See SOW, Mapping, and Attachments.

36.204 Disclosure of the magnitude of construction projects.

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude disclose the Government¿s estimate. Therefore, the estimated price should be described in terms of one of the following price ranges:

(c) Between $100,000 and $250,000.

Purpose of this Amendment is to correct date from November 1, 2023 to November 1, 2022.

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

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

CHAD A.T. BULLOCK

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

12363N22Q4026 Marienville RD - Fencing Project Page 1 of 84

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12363N22Q4026/0001

The Contractor shall be required to (a) commence work under this contract within TBD 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 November 1, 2022. The time stated for completion shall include final cleanup of the premises.

All other terms and conditions remain the same.

FOB: Destination

Period of Performance: 03/01/2022 to 11/01/2022

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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12363N22Q4026

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

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

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

01/25/2022 1052266

CHAD AT BULLOCK

1400 INDEPENDENCE AVE SW

MS-1138

USDA-FS STEWARDSHIP CONTRACTING BR

WASHINGTON DC 20250-1138

11/30/2022

USDA DISTRICT RANGER

US FOREST SVC

MARIENVILLE PA 16239

MARIENVILLE

PA 16239

208 373-4128CHAD A.T. BULLOCK

02/28/2022 1000 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

See SOW, Mapping, and Attachments.

36.204 Disclosure of the magnitude of

construction projects.

Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. In no event shall the statement of magnitude disclose the Government¿s estimate. Therefore, the estimated price should be described in terms of one of the following price ranges:

(c) Between $100,000 and $250,000.

Period of Performance: 03/01/2022 to 11/01/2022

0001 ANF CON MRD Fence Construction.

See attached SOW Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12363N22Q4026

Product/Service Code: 5660

Product/Service Description: FENCING, FENCES, GATES AND COMPONENTS

Delivery: 11/30/2022

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted 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. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

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Magnitude of project

(c) Between $100,000 and $250,000.

SCHEDULE

OF ITEMS

ALLEGHENY NATIONAL FOREST

B - BID SCHEDULE - Eight-foot woven wire fence.

Item Method of Pay Estimated Unit No. Description Measure Unit Quantity Price Amount

ITEM 1

Area 1 FR 587 DQ LF 5,779’ $______ $_________

Area 2 FR 279 DQ LF 3,671’ $______ $_________

Area 3 FR 118 DQ LF 3,827’ $______ $_________

Area 4 FR 180 DQ LF 4,551’ $______ $_________

Area 5 FR 559 1st DQ LF 2,168’ $______ $_________

Area 6 FR 559 2nd DQ LF 2,761’ $______ $_________

Area 7 FR 582 DQ LF 4,997’ $______ $_________

No Area 8

Area 9 FR 577 DQ LF 2,512’ $______ $_________

TOTAL ITEM 1 30,266’ $__________

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.

OFFEROR NAME

PHONE NUMBER DUNS NUMBER

OFFEROR SIGNATURE__ _

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

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Project – Deer Fences

Section C - Description/Specifications/Statement of Work – Mapping

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT

OF WORK

C.1 SCOPE OF CONTRACT

It is the objective of this contract to build deer enclosure fences around timber stands to keep white tailed 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.

C.2 PROJECT LOCATON

Fence construction areas will be located inside the boundaries of the Allegheny National Forest within the following counties in Pennsylvania (Forest, Elk and McKean). See attachment 1 Section 120 for detailed location.

C.3 TECHNICAL SPECIFICATIONS

Section 200 for Technical Specifications

452.211-72 Statement of Work/Specifications.

452.211-73 Attachments to Statements of Work/Specifications.

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements.

SECTION F - DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within TBD 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 November 1, 2022. The time stated for completion shall include final cleanup of the premises.

SECTION H - Special Contract Requirements

H. 1 Fire Control

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

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

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

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

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

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

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

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

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

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

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

(3) Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multi-position engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

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

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

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

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

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

H.2 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Leader.

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

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

(End of Clause)

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H.3 Incidental Payment Items

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

H.4 Conformity With Drawings and Specifications

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

H.5 Samples, Tests, Cited Specifications

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

H.6 Barricades, Warning Signs, and Other Devices

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

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

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

H.7 Weed-Free Equipment

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

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the

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Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

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

H.8 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the deposition of rocks, excavating 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) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, river, irrigation systems, and impoundments (lakes, reservoirs, etc.)

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or wastewater from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

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CLAUSES SECTION I -

CONTRACT CLAUSES

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-02

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.211-18 Variation in Estimated Quantity 52.215-8 Order of Precedence-Uniform Contract Format 52.219-6 Notice of Total Small Business Set-Aside 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination--Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-30 Construction Wage Rate Requirements-Price Adjustment 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent

12363N22Q4026 Marienville RD - Fencing Project Page 11 of 84

52.227-4 Patent Indemnity-Construction Contracts 52.228-2 Additional Bond Security 52.228-11 Pledges of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-14 Irrevocable Letter of Credit 52.232-5 Payments Under Fixed-Price Construction Contracts 52.232-23 Assignment of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-5 Material and Workmanship 52.236-7 Permits and Responsibilities 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion 52.236-12 Cleaning Up 52.236-13 Accident Prevention 52.236-14 Availability and Use of Utility Services 52.236-16 Quantity Surveys 52.236-17 Layout of Work 52.236-21 Specification and Drawings for Construction Alt 1 or Alt 2 52.236-26 Preconstruction Conference 52.243-5 Changes and Changed Conditions 52.244-6 Subcontracts for Commercial Items 52.245-1 Government Property 52.245-9 Use and Charges 52.246-21 Warranty of Construction 52.246-21 Warranty of Construction Alternate I 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form). Alternate

I 52.249-10 Default (Fixed-Price Construction) also check Alternate I 52.253-1 Computer Generated Form 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts 452.236-71 Prohibition Against the Use of Lead-Based Paint.

452.236-72 Use of Premises.

452.236-73 Archeological or Historic Sites 452.236-74 Control of Erosion, Sedimentation, and Pollution 452.236-76 Samples and Certificates 452.236-77 Emergency Response

CLAUSES INCORPORATED BY FULL TEXT

52.222-36 Equal Opportunity for Worker with Disabilities (Jul 2014)

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(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

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

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

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

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

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

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

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

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

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

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

"Cost of components" means-

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus

12363N22Q4026 Marienville RD - Fencing Project Page 13 of 84 allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means-

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

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

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

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

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

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

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that-

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

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

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

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

(End of Clause)

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

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

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

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

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

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

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

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

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

(End of Clause)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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

Federal Acquisition Regulations https://www.acquisition.gov/far

Agriculture Acquisition Regulations https://www.acquisition.gov/far

(End of Clause)

452.236-75 Maximum Workweek--Construction Schedule (NOV 1996)

Within 5 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is _______*_______.

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(End of clause)

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

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

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK WOVEN WIRE

FENCE CONSTRUCTION

ON THE ALLEGHENY NATIONAL FOREST

DIVISION 100 - GENERAL SPECIFICATIONS

110 - Scope of Contract

It is the objective of this contract to build deer exclosure fences around timber stands to keep white tailed 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 (Elk, McKean and Forest).

Area 1 – FR 587. This location is approximately .4 miles west of the junction of FR 279 and FR

587. FR 587 forms the south side. There is an oil and gas well road that bisects the area. See Section 280, PA One Call. For this reason, the fence was designed having two pieces. One on either side of that road. There are approximately 16 hazard trees to fell. The terrain is generally flat.

Area 2 – FR 279. Located on FR 279 about 1 mile east of the junction with FR 295. If coming in from the east, it is about 1 mile west of the junction with FR 279H. The terrain is generally flat. The fence is along FR 279 but is up above the road bank. There are approximately 17 hazard trees to fel.

Area 3 – FR 118. Located off State Route 66 on FR 118. Follow FR 118 for about .2 miles to a landing on the right. The fence starts here. The terrain is generally flat. The west side borders private property. The fence is being constructed around a clearcut. There are approximately 13 hazard trees to fell.

Area 4 – FR 180. Take FR 180 from the junction of FR 128 at Deadman Corners for about 4.4 miles until FR 180C. The fence starts at FR 180C. The terrain is flat but it is a rocky site. The fence follows FR 180 on the south side and FR 180C on the west side. There is a gas pipeline bisecting the northeast corner of the fence. This line belongs to Minard Run Oil Company and preliminary check with them was that the line is dead. (See Section 280, PA One Call). There are approximately 58 hazard trees to fell.

Area 5 – FR 559 1st. Take Lamonaville Road east out of Marienville for about 3.8 miles to FR 559 on the left. Follow FR 559 for about .6 miles to a skid road on the right. Follow the skid

12363N22Q4026 Marienville RD - Fencing Project Page 18 of 84 road back about 600’. The terrain is flat. There is a dog trial training trail along the northwest side. The fence maintenance trail will be the new training trail. The trail must be kept clear on the south and north ends. There are approimately 10 hazard trees to fell.

Area 6 – FR 559 2nd. From Area 5, follow the connecting skid road back another 400 feet to the site. The terrain is flat. There is a dog trial training trail in the middle of the unit that will be closed off. The fence maintenance trail will function as the training trail until the fence is removed. The south west side tends to be rocky. There are approimately 8 hazard trees to fell.

Area 7 – FR 582. Found at the end of FR 582. From the junction of State Routes 3001 and 3002 follow SR 3002 for .25 miles to FR 228 on the left. Take this 1.2 miles to FR 582 on the left.

Follow this to the end (about 2 miles). The area is flat. There is a seep on the north west corner that the fence will stay inside of and there is a seasonally wet area on the west side that the fence will stay on the inside of. There are approximately 17 hazard trees to fell.

Area 9 – FR 577. FR 577 comes off Guitonville Road. Follow FR 577 to the end. The fence follows along the Tennessee Gas Pipeline right of way on the south side (See Section 280, PA One Call). The fence also follows along FR 577 on the east and private property on the west side. The terrain has a gentle slope. The fence is being constructed around a failing clearcut.

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.

160 - Protection of Existing Structures

The Contractor shall be required to protect existing improvements which are in and around the project area. Examples include, but are not limited to: tree shelters, pipelines, power lines, oil pumping jacks, buildings, gates, culvert pipes, etc. 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.

180 - Work Schedule

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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. Work schedule restrictions are rare, but could occur due to site specific resource concerns or recreation mitigations. Any work schedule restrictions required by the Forest Service shall be communicated by the COR at the beginning of the contract.

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 pink tag referencing “Fence Construction”.

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

12363N22Q4026 Marienville RD - Fencing Project Page 20 of 84 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")). 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'.