1240BH21Q0008-SolicitationPacket.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

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

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

1240BH21Q0008 March 8, 2021 1027247

UNDER BDSA REG. 2 �

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER TO:

Siuslaw National Forest Due to COVID-19 restrictions, submissions are not ATTN: Janet Paul, AQM being accepted by hand carry, mail, USPS, FedEx 3200 SW Jefferson Way or UPS. ALL submissions shall be emailed or faxed Corvallis, OR 97331 as noted in Block 6 (and Section L.2 of the RFQ).

Email: sm.fs.conwest@usda.gov or via eFax: 866.230.8120 Please note in Email or eFax Subject Line:

ATTN – Janet Paul

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

AREA CODE NUMBER 9. DESTINATION

Janet Paul, Contracting Officer janet.paul@usda.gov

750.7120

a. NAME OF CONSIGNEE

8. TO:

a. NAME b. COMPANY b. STREET ADDRESS Siuslaw National Forest

c. STREET ADDRESS c. CITY 3200 SW Jefferson Way

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE Corvallis OR 97331

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 6 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

March 24, 2021 @ 4:00 PM PST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

GAOA Lava River Cave Trail Construction

See

Deschutes National Forest Attached

Deschutes County, Oregon

Requirements

See Section L and Section M for Instructions to Offerors and

Submittal Requirements

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)

Solicitation No: 1240BH21Q0008 Project Name: GAOA Lava River Cave Trail Construction

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SCHEDULE OF ITEMS

GAOA Lava River Cave Trail Construction Deschutes National Forest

Deschutes County, OR

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

BASE ITEM:

Mobilization

LS

All

N/A

Cave sink trail & cave sink handrail

Total Base Item:

OPTIONAL ITEM:

O-3

Fencing

Grand Total: Base + Optional Items

Provide pricing for both Base and Optional Items.

See Specifications Section 011000 Summary of Work and Section 012900 Payment Procedures for description of work for each bid item.

For technical questions contact:

Jessica Belt (Inspector) jessica.belt@usda.gov or 541-383-5615

B-1 SCHEDULE OF ITEMS

GAOA Lava River Cave Trail Construction Deschutes National Forest

Deschutes County, OR

B-2 SCHEDULE NOTES:

Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price Construction Contracts, shall not be in addition to the contract price. Include bond payments under Item 1 – Mobilization.

See Section L and Section M for Instructions to Offerors and Submittal Requirements.

Offerors must also provide a technical response to the Evaluation Criteria identified in Section M. If no response is provided, your offer will be considered non-responsive and removed from consideration.

Please provide your DUNS # and email contact:

DUNS Number: ________________________

EMAIL: ______________________________

Note: Per FAR 52.204-7(b)(1), System for Award Management (SAM), an Offeror is required to be registered in SAM when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment for any contract resulting from this solicitation. Information on registration may be obtained via: https://www.sam.gov. All Offerors must complete the electronic version of the Representations and Certifications in the SAM system. If at the time of receipt of offers, an Offeror is not actively and successfully registered in the SAM database, the Government reserves the right to award to the next prospective Offeror.

Release of Solicitations in Advance of Funding Availability (FS PGI 4G32.703-4)

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 SCOPE OF CONTRACT

The Lava River Cave Trail project involves replacement of the existing perimeter fence surrounding the cave sink and replacement of the existing asphalt trail, benches and handrails within the cave sink with a new concrete trail, benches and handrails. Full sets of shop drawings and fabrication drawings have been completed for all work involved with the project.

A. The project includes but is not limited to the following major items of work as shown on the plans and specifications. The following descriptions are provided as an outline of major work items and shall not be considered as an inclusive or complete listing of all items of Work under this Contract:

1. Removal and replacement of the existing perimeter fence around the cave sink in the exact same location as the existing. New fence is to be 9 ga black vinyl coated chain link fabric 4’ and 6’in height with black powder coated top rail, fittings, and hardware. Existing posts are to be left in place and new powder coated black sleeves are to be placed over the posts for the new fence.

2. Replacement of existing metal handrail and wooden handrail sections within the cave sink along the existing path with black powder coated steel handrail.

3. Removal of the existing asphalt trail within the cave sink and replacing it with a minimum 4’ wide concrete path colored to approximate the surrounding cave sink rock and earthen materials in the same alignment as the existing asphalt trail, inclusive of minor grading and aggregate base course.

4. Replacement of two benches within the cave sink with two new benches specified.

5. Installation of two (2) fiber grates including boot brushes at Welcome Center building.

B. When completed, new and existing walkways shall be fully functional, safe to use and connect seamlessly to adjacent walkways.

C. Contractor is responsible for field verification of all new and existing conditions affecting the work of this contract prior to starting work.

D. Unless otherwise stated, Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications. Contractor shall furnish and deliver the material to the site in such a manner that their quality and fitness for the work is preserved.

E. Quality control for this project shall be the responsibility of the Contractor. In the event of any discrepancies between the Specifications, Drawings, and applicable codes and standards, the Contractor shall immediately notify the Contracting Officer (CO) of the discrepancy and work with the CO to yield a finished product that meets the applicable codes and standards while still meeting the original intent of the Specs and Drawings.

C-2 PROJECT LOCATON

A. The Lava River Cave Trail project is located 13 miles south of Bend, Oregon. The site is accessible from Highway 97's Lava Lands Visitor Center or Cottonwood Exits. The site is located on Cottonwood Road mid-way between Exit 151 and Lava Lands Visitor Center.

B. The site does not have water, electrical, or other utilities. A vault toilet is available for use on the site.

C-3 MAGNITUDE OF CONSTRUCTION PROJECT

The Government’s estimate for Base and Optional Items is between $100,000 and $250,000.

C-4 TECHNICAL SPECIFICATIONS

See Section J.

C-5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988) The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C-6 PROJECT SCHEDULE

A. General: Contractor shall have limited use of premises for construction operations, including use of Project Site, during construction period.

B. Construction work at the site shall be limited to occur after August 23, 2021 when the cave is closed to the public. All work inside the cave sink (trail and handrails) must be completed by October 8, 2021. Fencing work outside of the cave sink must be completed between October 8 – October 31, 2021. All site work must be completed by October 31, 2021 and contract work must be completed by December 1, 2021.

1. Work hours shall be limited to occur between 7:00 AM and 6:00 PM.

C. The cave is open annually to public use between May 1st and August 23rd. Construction work may not take place while the cave is open to the public, unless otherwise agreed upon, in writing, by the CO.

D. The cave is closed annually to all use between October 8th and April 30th for bat hibernation.

E. Depending on conditions, fire restrictions may apply to activities associated with this project.

C-7 BIOBASED PRODUCTS

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased and recycled products.

The following is a list of categories for biopreferred products that may be available or required for performance of this construction contract.

Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Steel.

For more information regarding the Department of Agriculture Biobased Program go to:

http://www.biopreferred.gov.

C-8 APPLICABLE SPECIFICATIONS (CSI PROJECTS)

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

C-9 AVAILABILITY OF APPLICABLE SPECIFICATIONS

FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

Specification Address 014100 REGULATIONS REQUIREMENTS (See Specifications)

MUTCD Manual on Uniform Traffic Control Devices Superintendent of Documents U.S. Government Printing Office Washington, DC 20402

FOREST SERVICE Federal Specifications (GSA) Building 197, Washington Navy Yard, SE Washington, DC 20407

The request must identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation. The above references include but are not limited to all applicable specifications.

C-10 REQUIRED SUBMITTALS

The following is a general summary of the required submittals. Other submittals are required as specified elsewhere in this contract.

Title Referenced By Specification No.

Time of Government Approval after Submittal

Schedule of Work Section F Prior to Notice to Proceed

Job Specific Safety Plan Section H Prior to Notice to Proceed

Fire Plan Section J Prior to Notice to Proceed

Release of Claims Form Section I Prior to final payment

Submittal requirements for this Project include, but are not limited to: Product Data, Samples, Material Certifications, and Warranties. Individual Sections in the Specifications detail most, but not all, submittals requiremented for this contract. Other submittals requirements may be contained in the Drawings and Technical Specifications or otherwise referenced. It is the contractor’s responsibility to capture all the required submittals, shop drawings, etc.,as required for this Project, and develop a Submittal Schedule for approval by the Contracting Officer as described.

C-11 SUBMITTAL FORMAT

Submittals shall include the following unless otherwise required in the specification:

1. Date and revision dates (if applicable)

2. Project name and contract number.

3. Name of Contractor, subcontractor, supplier, and manufacturer.

4. Specification section number.

5. Applicable standards such as ASTM or Federal Specifications.

6. Contractor's stamp, initial or signature, certifying the review of the submittal, and compliance with contract documents.

7. Provide all submittals within 14 calendar days of the contract award unless otherwise required by the specification.

Submittals shall be sent to the Contracting Officer’s Representative (COR) and Inspector

SECTION D--PACKAGING AND MARKING

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

SECTION E--INSPECTION AND ACCEPTANCE

E-1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

The Government will perform sampling, testing, and inspection of work in progress where these responsibilities are not expressly assigned to the Contractor by the Forest Service specifications or by the Special Project Specifications.

E-3 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

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

SECTION F--DELIVERIES OR PERFORMANCE

F-1 CLAUSES

52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

F-2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than: See Section C-6:

Project Schedule. The time stated for completion shall include final cleanup of the premises.

F-3 QUALITY ASSURANCE SURVEILLANCE PLAN FOR REPLACEMENT OF

STAIRS, BOARDWALKS, AND RAILING – LAVA RIVER CAVE

This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contractor actions while implementing the Performance Work Statement. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed performance objective on the QASP in the maintenance contract. It also provides a systematic method to evaluate the services the contractor is required to furnish.

The contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality surveillance to ensure contract standards are achieved.

In this contract, the Quality Control Program is the driver for product quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the contractor to success.

Once the quality control program is approved, careful application of the process and standards presented in this document will ensure a robust quality assurance program.

F-4 PERFORMANCE REQUIREMENTS SUMMARY

Contract Requirement

Tasks and Critical Subtasks

Performance Standards

Acceptable Quality Level (AQL)

Method of Monitoring

Incentives / Disincentives

Replace existing perimeter fence around cave sink.

Replace existing metal & wooden handrail.

Replace existing asphalt trail.

Replace two benches and install two fiber grates.

1. Remove the existing perimeter fence/post, handrail, asphalt & benches.

Remove the existing fence, per specifications and drawings.

For all Tasks:

100%, no deviation from contract specifications and drawings for the following items:

Fence, handrail shall meet industry standards, including IBC and local codes.

Materials

Load Ratings for handrail

Concrete trail width Railing size and heights

Work shall connect seamlessly to adjacent new or existing items, such as fence, concrete, and trails.

Task 1.

Visual inspections.

All tasks:

The Contractor shall, at the Contractor's expense, correct any work that does not meet the contract requirements.

The Contractor shall meet contract deadlines. The Government may recover liquidated damages caused by any work not completed by the required contract time.

2. Construct/ Install new fence.

Install new fence/posts. Fence shall be fully functional and meet the requirements stated in specifications and drawings.

Tasks 2, 3, and 4.

Visual inspection.

Measurements to verify that the work meets requirements of specifications and drawings.

The Government may have material sampling and testing completed at its own expense; the Contractor shall provide samples as necessary for testing at no additional charge to the Government.

3. Construct/ Install new handrail, benches and fiber grates.

Handrail, benches & grates shall be fully functional, safe to use, and meet the requirements stated in specifications and drawings.

4. Construct concrete path.

Construct concrete path. Path shall be fully functional, safe to use, and meet the requirements stated in specifications and drawings.

F-5 SUSPENSION OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of frozen material in fills, placing of asphalts at temperatures lower than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-14, Suspension of Work, and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A mandatory post award conference with the successful Offeror is required. The conference will be held virtually or at the Deschutes NF Supervisors Officer, 63095 Deschutes Market Rd.

Bend, OR 97701 or a mutually agreed upon location within 10 days of award.

G-2 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract. The Contracting Officer should be informed as soon as possible or any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G-3 PRODUCT SUBSTITUTION

Any modification of items, designs, materials, products or equipment (including Government- Furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the Contractor's responsibility for such modification. Any and all substitutions will be requested by the Contractor after award of the contract has been made.

No approvals will be made prior to award.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H-1 SITE SAFETY PLAN

The awardee shall submit a written Site Specific Safety Plan to ensure safety compliance when coordinating construction activities. The intent is to use this plan as a discussion at the pre-work and subsequent meetings to insure safe contractor operations. It will also be used as the safety standard during the course of the construction project.

H-2 LANDSCAPE PRESERVATION

(a) The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features not designated for treatment. The Contractor shall confine operations to within the clearing limits or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Prevention of Oil Spills. If the Contractor maintains storage facilities for oil or oil products on site, appropriate preventive measures shall be taken to insure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual States. If a spill of petroleum product should occur in water, the Contractor shall immediately notify the Engineer and the Oregon Emergency Response System (OERS), telephone 1-800-452-0311 or 1-503-378-4124.

H-3 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste 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.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H-4 CONTRACTOR'S USE OF EXISTING ROADS

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. The authorization is limited to roads necessary for direct access between the construction area and storage sites, disposal areas, and other work areas designated in the contract.

The roads authorized for use will be subject to the following general conditions:

1) State laws governing traffic rules and equipment requirements on State and County Highways.

2) Federal Regulations contained in 36 CFR 261.12. These regulations prohibit use in excess of State Codes for weight and size, damaging a road while using it, and blocking a road open to use by others.

H-5 MATERIAL SOURCE

The government provided material sources for this project will be: NONE

H-6 SPECIFIC WORK REQUIREMENT

As provided for in the FSSS’s, CSI Specifications, and as shown on the drawings.

H-7 AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

Contractor’s Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the worksite other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Contractor’s Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the worksite.

Contractor’s Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the worksite for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.243-4.

H-8 CERTIFICATION OF COMPLIANCE

Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change.

The Government reserves it’s unilateral right to conduct verification inspections to ensure Contractor's compliance.

H-9 TRAFFIC CONTROL

Suitable warning signs shall be provided to properly control and direct traffic. All road barricades, warning signs, 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 Administrations and applicable safety codes.

H-10 FAR 52.236-4 PHYSICAL DATA (APR 1984)

Except as is specifically SHOWN ON THE DRAWINGS. Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: VISUAL

OBSERVATION

H-11 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

Utility Services: NONE

H-12 NOXIOUS WEED CONTROL

(a) In order to prevent the potential spread of noxious weeds into the Deschutes National Forest, the Contractor shall be required to furnish the Government with proof of weed-free equipment.

(b) Noxious weeds are defined as any exotic plant species established or that may be introduced in the State, which may render the land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the Oregon Department of Agriculture or by other appropriate agencies having jurisdiction.

(c) All equipment and vehicles to be used at the job site shall be cleaned and certified free of noxious weeds and their seeds prior to entrance onto the National Forest. The restriction shall include equipment and vehicles intended for off-road use as well as on road use, whether they are owned, leased, or borrowed by the contractor or subcontractor.

(d) Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose. Cleaning shall occur off Federal lands.

(e) Equipment, materials and vehicles shall be visually inspected by a designated Forest Service Officer, and certified in writing to be reasonably clean and weed free. Inspection will take place at a location designated by the Forest Officer in advance of equipment and material arrival. Equipment and vehicles are expected to proceed directly to the job site following the inspection. Materials to be used on the project will be delivered to the job site following the inspection. Materials to be used on the project will be delivered to the project after inspection and approval.

(f) Certification shall remain valid for each identified piece of equipment or vehicle only for the duration of the specified project and only as long as the vehicle or equipment remains at the job site. Equipment and vehicles (excepting passenger vehicles - this includes pickups and vans) that leave the job site will need to be re-certified as weed free before they are allowed to return to the job site or re-enter the National Forest.

H-13 POTENTIAL SAFETY HAZARDS

(a) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. This list shall not be deemed to be all-inclusive. The Contractor shall bear the sole responsibility for taking all appropriate actions necessary to prevent accidents and injuries to individuals at the worksite.

(b) The following checked activities have been identified by the Government as potential safety hazards.

[x] Confined space entry.

[ ] Temporary excavation/deep trenching/slope stability.

[ ] Tree falling.

[x] Fall hazard from work heights exceeding six feet.

[ ] Blasting.

[x] Traffic control on high-volume and/or high-speed and/or limited visibility roads.

[ ] Heavy equipment operation.

[ ] Tree climbing and/or tower climbing.

[x] Fire hazards.

[ ] Hazardous materials handling.

[ ] Electrical hazard.

[x] Hydraulic and/or pneumatic and/or other high pressure hazards.

[x] Mechanical hazards such as pulleys, springs, etc.

[x] Other:

Cave/Underground Operations: Darkness, Uneven Rocky Terrain Remote area - Limited Communications within cave Animal (Bat)

H-14 SALVAGE RIGHTS

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

H-15 CONTROL OF MATERIAL

A. Rights In and Use of Materials: The Contractor may use on the project suitable stone only for work on this project.

B. Excavation: Unclassified.

C. Material Sources:

1. Borrow sources, if needed, must be approved in advance by the Engineer. Such borrow sources shall be restored to a natural appearance.

2. Native timber material used in construction shall not be taken within sight of any road or trail.

Stumps resulting from tree cutting shall be no more than six (6) inches in height. All debris resulting from preparation of the native timber for use, shall be scattered not more than four (4) inches in depth and out of meadows, stream courses, lakes and ponds.

3. Rocks and mineral soil excavated within the normal excavation shall be conserved and used as needed.

D Storage and Stockpiling of Materials: Materials shall be stored to assure the preservation of quality and fitness for the work. Stored materials shall be located to facilitate their prompt inspection. Sites on Forest Service administered land, approved by the Forest Service, may be used for storage purposes and for the placing of Contractor's plant equipment. All storage sites provided by the Forest Service shall be restored at the Contractor's expense. Contractor shall be responsible for making arrangements for storage on other than Forest Service administered lands.

E Local Disposal Sites: NONE - EXCAVATED MATERIAL TO REMAIN IN CAVE SINK

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

H-16 CONSTRUCTION STAKES, LINES, AND GRADES

(a) The Contractor shall do all further surveying, staking, and engineering to establish the horizontal and vertical control necessary to result in having the finished work comply with the lines and grades shown on the Drawings or stated in the Specifications. This work is incidental to the pay items.

(b) If any construction control points have been destroyed or displaced, or are erroneous, the Contractor shall promptly notify the Engineer. If these points are destroyed or displaced due to Contractor's negligence or operation, the cost for replacing them will be charged to the Contractor.

(c) In case of any construction changes, the Contractor shall cooperate with the Engineer and facilitate the prompt reestablishment of the field control for the adjusted work.

H-17 PROSECUTION OF WORK

(a) Construction activity shall be limited to the hours between 7:00 AM and 6:00 PM, Monday through Friday, unless other hours are approved in writing by the COR.

(b) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site and roping off the area.

H-18 PROTECTION OF IMPROVEMENTS

Unless otherwise agreed to in writing, Contractor shall remove only those existing improvements within the work area as outlined and reinstall to their new locations.

H-19 SANITATION REQUIREMENTS

Contractor and employees may use the existing vault toilet that is onsite.

No habitation or overnight dwelling by employees of Contractor will be permitted on National Forest land without advance written approval from the Contracting Officer.

H-20 STATE PERMITS

Roads in the project work area necessary to complete the project are designated as "within the immediate construction project" for consideration under ORS 767.025 as to the non-applicability of PUC requirements.

H-21 FINAL CLEANUP

Contractor shall remove and dispose all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to camp refuse such as tin cans, aluminum foil, glass, paper, garbage, used engine oil, oil filters, oil cans, grease cartridges, etc. The Contractor shall also remove and dispose of upon completion of construction, all railing, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. All debris shall be disposed of off National Forest Land and in accordance with State and Local disposal requirements.

H-22 PROTECTION OF CULTURAL RESOURCES

Location of known historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American Antiquities Act of 1906 (16 U.S.C. 431-433), National Historic Preservation Act of 1966 (16 U.S.C. 470) and the Archaeological Resources Protection Act of 1979 (PL 96-95 and 36 CFR 261.9(e)) shall be identified on the ground by Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under these Acts regardless of when the area, object or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party.

Contractor shall protect all known and identified historic or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's Operations. In accordance with 36 CFR 296.14(c), Contractor shall bear costs of restoration, provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

Wheeled or track-laying equipment shall not be operated within such areas except on roads. Unless agreed otherwise, trees will not be felled into such areas.

H-23 PROTECTION OF HABITAT OF ENDANGERED, THREATENED, AND SENSITIVE

SPECIES

Location of areas needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act of l973, as amended, or as sensitive by the Regional Forester under authority of FSM 2670, are shown on the Drawings and identified on the ground.

Measures needed to protect such areas have been included elsewhere in this contract or are as follows:

If protection measures prove inadequate, if other such areas are discovered, or if new species are listed as Federally threatened or endangered or as sensitive by the Regional Forester, Forest Service may either cancel or unilaterally modify this contract to provide additional protection regardless of when such facts become known. Discovery of such areas by either party shall be promptly reported to the other party.

H-24 METHODS OF MEASUREMENT

One of the following methods of measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

(a) Designed Quantities (DQ). These quantities denote the final number or units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

(1) As a result of changes in the work authorized by the Contracting Officer.

(2) As a result of the Contracting Officer determining that errors exist in the original design that cause a pay item quantity to change by 15 percent or more.

(3) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design that cause a pay item quantity to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

(b) Staked Quantities (SQ). These quantities are determined from staked measurements prior to construction.

(c) Actual Quantities (AQ). These quantities are determined from measurement of completed work.

(d) Vehicle Quantities (VQ). These quantities are measured or weighed in hauling vehicles.

(e) Lump Sum Quantities (LSQ). These quantities denote one complete unit of work as required by or described in the contract including necessary materials, equipment, and labor to complete the job. They will not be measured.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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 Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 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 (AUG 2020) 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 Labinvoic and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) [Contracting Officer check as appropriate.]

☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020)

☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

[Contracting Officer check as appropriate.] ☐By the end of the base term of the contract and then by the end of each subsequent option period; or ☐By the end of the performance period for each order issued under the contract.

52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY 2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (AUG 2018) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY

2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified

Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(SEP 2013)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 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) 52.233-1 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) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997)

Alternate I (APR 1984) Alternate II (APR 1984)

52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012) 52.245-9 Use and Charges (APR 2012) 52.246-21 Warranty of Construction (MAR 1994)

Alternate I (MAR 1994) 52.248-3 Value Engineering – Construction (OCT 2020) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984)

Alternate I (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996) 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)

52.217-7 Option for Increased quantity – Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

52.225-9 Buy American Act-Construction Materials (JAN 2021)

(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 Federal Acquisition

Regulation (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.

"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.