1240BJ24Q0028 SAM.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

1240BJ24Q0028

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED

07/30/2024

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

671404

6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Note: All proposal documents must be e-mailed to andrea.murphy@usda.gov. An e-mail copy of the Bid Bond is acceptable for proposals valued at $150,000.00 or greater.

Procurement & Property Services, Field Procurement Operations Northwest Zone – Construction & A-E Attn: Andre'a Murphy, CS

9. FOR

INFORMATION CALL:

a. NAME Andre'a Murphy

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

762-253-3595

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

BAR Rang Barrier Replacement PNW Research Station, Prince of Wales Island Hollis, Alaska Disclosure of the Magnitude of Construction Project: Between $100,000 and $250,000 Technical POC: Brandon Weinmann brandon.weinmann@usda.gov Contractual POC: Andre'a Murphy – Contracting Specialist andrea.murphy@usda.gov Offerors must respond as described in Sections L and M. Proposals that fail to provide a complete response to the Technical Evaluation Factors (Section M) may be rejected and not considered further.

THIS IS A SMALL BUSINESS SET-ASIDE PROJECT. OFFERS RECEIVED FROM OTHER THAN SMALL

BUSINESSES WILL BE REJECTED

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable.

(See Section F ).

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES NO

12b. CALENDAR DAYS

Ten (10)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and emailed copies to perform the work required are due at the place specified in Item 8 by 4:00PM PST

(hour) local time 8/30/2024

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than sixty (60) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

10 90 mailto:andrea.murphy@usda.gov mailto:brandon.weinmann@usda.gov mailto:andrea.murphy@usda.gov

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

10 U.S.C. 3204(a) (

27. PAYMENT WILL BE MADE BY

) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

AMOUNTS

TABLE OF CONTENTS

CONTRACT SECTION BEING SUPPLEMENTED

TASK ORDER PAGE

Section B – Bid Schedule 3-4 Section C – Statement of Work 5-8 Section E – Inspection Requirements 9-10 Section F – Performance Time 11 Section G – GFP & Administrative Information 12-13 Section H – Special Contract Requirements 14-16 Section I – Contract Clauses 17-23 Section J – Attachments 24

Questionnaire List of Specifications and Supplemental Project Specifications Drawings Wage Decision Fire Protection Requirements Bid Bond Form SF-24

Section L – Instructions 25-26 Section M – Evaluation Factors for Award 27

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

BID SCHEDULE

B.1 BID SCHEDULE

Schedule of Items – BAR-Range Barrier Replacement on Tonasket Ranger District Item Number Description Estimated

Quantity (ft.)

Unit Price Per

Ft ($) Total Amount

#1 Segment, Muckamuck Fire, Clark/Oriole Campground Allotment, new construction, 4 wire, .47 miles

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either side of the fence for a total of 8ft.

2,481.6 Feet

Remove and dispose of damaged or unusable existing fence material.

2,481.6 Feet

Provide all material need to construct new

4 strand fence.

2,481.6 Feet

Construct new 4 strand barb wire/steel post fence.

2,481.6 Feet

Segment #1 Total Cost $

Item Number Description Estimated Quantity (ft.)

Unit Price Per Ft. ($)

Total Amount

#2, 2021 Walker Creek Fire, Strawberry/Phoebe Allotment, new construction/extension R340024 Fence Segment, 4 wire, 1.46 miles

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either side of the fence for a total of 8ft.

7,708.8 Feet

Remove and dispose of damaged or unusable existing fence material.

7,708.8 Feet

Provide all material need to construct new 4 strand fence.

7,708.8 Feet

Construct new 4 strand barb wire/steel post fence.

7,708.8 Feet

Segment #2 Total Cost $

Item Number Description Estimated Quantity (ft.)

Unit Price Per Ft. ($)

Total Amount

#3, 2021 Walker Creek Fire, Siwash Allotment, new

Clearing the fence Right of Way (ROW) of trees and brush at 4ft either

1,478.4 Feet construction/extension, R330012 Fence Segment, 3 wire, .28 miles side of the fence for a total of 8ft.

Remove and dispose of damaged or unusable existing fence material.

1,478.4 Feet

Provide all material need to construct new 3 strand fence.

1,478.4 Feet

Construct new 3 strand barb wire/steel post fence.

1,478.4 Feet

Segment #3 Total Cost

Item Number Description Estimated Quantity (ft.)

Unit Price Per Ft. ($)

Total Amount

#4, 2021 Muckamuck Fire, Funk/Big Canyon Allotment, rebuild, R050006 Fence Segment, 4 wire, 1.3 miles

Remove and dispose of damaged or unusable existing fence material.

6,864 Feet

Provide all material need to construct new 4 strand fence.

6,864 Feet

Construct new 4 strand barb wire/steel post fence.

6,864 Feet

Segment #4 Total Cost

Item Number Description Estimated Quantity (ft.)

Unit Price Per Ft. ($)

Total Amount

#5, 2021 Muckamuck Fire, B.S./Clark Allotment, rebuild, R010005 Fence Segment, 4 wire, 1.1 miles

Remove and dispose of damaged or unusable existing fence material.

5,808 Feet

Provide all material need to construct new 4 strand fence.

5,808 Feet

Construct new 4 strand barb wire/steel post fence.

5,808 Feet

Segment #5 Total Cost

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This contract covers construction and/or reconstruction of Livestock Fencing across USDA Forest Service, Pacific Northwest Region 6, Oregon and Washington. Individual projects may include construction and/or reconstruction of livestock, range, wildlife, riparian and/or recreation fences (see Section J, Attachment 6, “Sample photos for reference purposes only”). Related work may include, but not limited to, the following:

• Construction of 3 or 4 strand barbed wire fence

• Other type of wildlife or riparian fence construction

• Removal/Disposal of damaged or unusable fence

• Clearing of fence-line Right of Way (ROW)

• Providing new fencing materials

Fences will be built to Forest Service specifications (see Section J, Attachments 2 – 4). The contractor will be responsible for transporting all the necessary material to the project site. The contractor will be responsible for disposing of all leftover pieces of metal, flagging, other construction debris and associated garbage.

In the event coordination with private landowners is necessary to access project locations, it will be identified per individual task order.

C.2 INDIVIDUAL PROJECT LOCATON

Region 6 Colville National Forest, Tonasket Ranger District.

C.3 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(AGAR 452.211-73) (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

C.4 SPECIFICATIONS APPLICABLE TO INDIVIDUAL PROJECTS

The standard and any supplemental specifications that apply will be identified per Individual Project Task Orders.

C.5 TECHNICAL SPECIFICATIONS AND CONSTRUCTION REQUIREMENTS

C.5.1 EXISTING FENCE REMOVAL

The existing fence and associated materials shall be removed, where needed. All metal wire, staples, and metal T-post will be completely removed and hauled off-site by the contractor and disposed of in accordance with all local, state, and federal requirements. Any untreated wood posts or trees used as part of existing fence can be left on site to degrade naturally. Questions related to removal or leaving should be directed to the

C.5.2 FENCE CORRIDOR CLEARING

The fence line corridor shall be cleared to an approximate width of 8 feet, measuring 4 feet on each side of fence centerline, and 8 feet above ground. All live woody vegetation greater than 24 inches in height is to be removed, except any live tree 8 inches or greater at diameter breast height (DBH) (4.5 feet above ground). Those trees stay. Stumps shall be cut no higher than 12 inches above the ground. Small diameter brush does not need to be cleared. Large diameter bushes containing stems greater than 1-inch basal diameter shall be cleared.

All dead down trees that are within the fence line corridor shall be dragged away from the fence line ROW. Down trees greater than 20 inches may be left on the outside of the center of the fence line.

All dead standing trees that are within 4 feet of the fence centerline (fence line corridor) shall be removed from the ROW. Stumps shall be cut no higher than 12 inches above the ground.

Slash created by clearing fence line will be scattered outside of the fence line corridor, and not in any ditch or roadway.

Limited additional clearing may also be necessary as the fence is constructed to meet clearing specifications, as approved by the CO.

C.5.3 FENCE CONSTRUCTION

The following fence building specifications (see Section J) will be incorporated in all Individual Project Task Orders:

1. A Landowner’s Guide to Wildlife Friendly Fence Design from the Montana Fish, Wildlife and Parks (Attachment 2)

2. USDA/USDI 1999 Interagency Fences document (Attachment 3)

3. All Metal Fence Specifications (Attachment 4)

Additional unit specific specifications may also be added per Task Order.

The following covers only items not discussed in one of the attached documents. Fence Material Specifications are as follows:

• Barbed wire, 2-point, 12.5 gauge, galvanized, 4" or 5" spacing

• Barbless wire, 12.5 gauge, galvanized

• T-Post, 5.5", studded, Medium or Heavy weight (1.25 or 1.33)

• Oil Field Stem Pipe, 2 3/8”, 2 7/8”, or 3”

C.5.4 POSTS

T-post spacing identified in Section J may be slightly closer to keep the bottom wire at an acceptable height above the ground line. Live trees or line jacks may be used in lieu of steel posts. If live trees are used, they must be located within two feet of the established line (a fence line offset brace must be used to maintain the stretch line), be a minimum of 8" DBH and must have a nailer ("scab") (see photos in Section J). Steel posts shall be driven into the ground, past the top of the flange plate. It is acceptable to pre-drill post holes in rocky ground to permit the use of posts in these conditions. If this method is used, the flange may be knocked off prior to pounding; however, the post must be secure in the hole with no wobbling. Steel posts shall be relieved of upward pull of wires by use of deadman rock anchors and tie-downs. Tie downs can be secured using a large rock or a T-post driven at a 45-degree angle parallel to the fence (no more than 18 inches of post can remain out of the ground.)

C.5.5 GATES

The locations of the gates will be flagged by the Forest Service and/or permittee. Gates shall be 14 feet wide and constructed with 4 strands of barbed wire. The bottom wire on the gate will be at 16 inches above ground with the next two spaced 8 inches apart and the top wire spaced at 10 inches. Ends of the gate shall be attached to trees, rock jacks, rock cribs or H-braces.

C.5.6 WIRE STRETCHING

Wire will be tightened adequately to set the wire twists and remove factory kinks. It is, however, important to refrain from stretching the wire excessively. Excessive tension will weaken the barbed wire by removing the capacity for it to stretch. Location of stretch points will be determined by topography and the availability of tie-trees.

C.5.7 SPLICING

Splices in the wire shall be made by wrapping the ends of the wire back around the wire three times, thereby forming an eye at the end of the wire. The other wire end is then placed through the eye and wrapped back around itself at least three times. All wraps shall lie directly adjacent to each other, thus forming neat, tight wraps.

C.5.8 ROCK JACKS/LINE JACKS

Rock jacks or line jacks will be placed at the top and bottom of all abrupt breaks in slopes. Rock Jacks will also be used to anchor both sides of gates, stream crossings and fence end points.

Tree-ties or H-braces may be substituted for rock jacks.

C.5.9 TREES

Solid live trees over 8 inches DBH may be used in place of posts, provided they are located not over 2 feet out of line. Tree branches shall be removed completely around the fence, to a height of 8 feet. A scab shall be securely nailed, with 6" helix nails to the tree at three points: top, center, and bottom.

C.5.10 STAPLING

Staples shall be driven at a slant to the grain of the wood to prevent the wood from splitting and will not be driven so deep as to nick the galvanizing on the wire. Staples should be driven to allow movement of the wire between the wire and post/tree scab to prevent the wire from pulling into the scab.

C.5.11 WATER GAPS/STREAM CROSSINGS

Stream crossings shall be constructed to allow the flow of high water and provide a barrier for livestock.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

E-2 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the project location.

E-3 INSPECTION AND TESTING PERFORMED BY GOVERNMENT

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

Inspection for acceptance of work will be accomplished by visual inspection and will be based on adherence to the specifications. In the event visual inspection finds less than satisfactory work is being performed, re-work will be required at no additional cost to the Government.

Areas not adhering to specifications will be flagged, identified to the contractor, and documented in the daily diary.

E-4 DETERMINATION OF ACCEPTABLE WORK

Inspection as stated above shall be performed by the Forest Service for evaluation of contract specification compliance. The Contractor will be notified in writing the fence items not meeting contract specifications. Portions of fence which do not meet contract specification will be reconstructed by the Contractor and the identified items will be brought up to the required standard before the fence will be considered acceptable.

E.5 UNACCEPTABLE WORK

If any portion of the project is found to be unacceptable, the Contractor shall reconstruct the unacceptable portion to comply with the specifications. Upon completion of the reconstructed portion of the project, the Forest Service will re-inspect to determine compliance. If more than two inspections are needed for repeated deficiencies, the Contractor may be charged inspector’s time and vehicle use.

Solicitation No: 1240BJ24Q0028 Project Name: R6 Livestock Fence Construction IDIQ

E.6 RE-INSPECTION UPON CONTRACTOR REQUEST

If the original inspection results are not acceptable to the Contractor, a re-inspection may be requested in writing up to 7 days after being notified of the unacceptable work. The original inspection will be re-examined. If the re-inspection confirms the original inspection as not meeting standards, the Contractor shall reimburse the Government the actual costs incurred in making the re-inspection. If the inspection indicates that work meets acceptable standards, the Government assumes the cost of re-inspection and payment will be made for the fence.

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 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (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 November 30, 2024. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by SEP 9. 2024. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

SECTION G--CONTRACT ADMINISTRATION DATA

G-1 DESIGNATION OF CONTRACTNG OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (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 assignments which were issued by the COR provided they do not affect the delivery schedule or the performance period stated in the contract.)

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

G-2 PAYMENT FOR MATERIALS DELIVERED OFF THE SITE

As provided in FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, material acquired for incorporation into the project, and stored off site by the Contractor, may, at the option of the Contracting Officer, be included in progress payments. Prior to payment, such material will be subject to Government inspection and must be stored separately from other materials, and be identified as, "PROPERTY OF THE UNITED STATES, Project Name and Contract Number." In addition, the Contractor shall furnish the Government with a right of ingress and egress to the property together with right of removal.

G-3 PAYMENTS FOR INCIDENTAL 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 incidental to and included in the payment for items shown.

G-4 PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

G-5 RETURN OF PERFORMANCE AND PAYMENT BONDS

Performance and payment security furnished under this contract must be retained by the Government for a minimum of one year after acceptance of all work under the contract.

Performance and payment security other than corporate or individual surety bonds will be returned to the Contractor one year after completion of work if no claims against these bonds have been filed at that time.

G-6 PAYMENT FOR PERFORMANCE AND PAYMENT SECURITY EXPENSES

It is mutually agreed that the premium costs for performance bonds, payment bonds and alternative payment protections furnished for this contract are included in the total amount bid for other items and that any payment to the Contractor for the cost of bonds made in accordance with FAR 52.232-5 refers only to corporate sureties listed in the current Department of Treasury Circular 570 and no advance payment will be made for bond premiums where other than corporate surety bonds are furnished. Bond premiums as used in this paragraph and FAR 52.232-5 shall include any Small Business Administration fees paid in connection with SBA guaranteed corporate surety bonds.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 USE OF PREMISES

(a) Before any camp or storage is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H.2 ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(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 POTENTIAL SAFETY HAZARDS (will be identified per Individual Task Order)

(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] Tree falling [X] Heavy equipment operation [X] Fire hazards [X] Hydraulic and/or pneumatic and/or other high pressure hazards [X] Mechanical hazards such as pulleys, springs, etc.

[X] Other: Chainsaws; Fuel for equipment; Barbed Wire

H.5 LANDSCAPE PRESERVATION

The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawn, 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 ensure that any spill of such oil or oil products does not enter any stream or other waters of the United States or any of the individual states. If a spill of petroleum product should occur in water, the Contractor shall take immediate action to clean up or contain the spill and immediately notify:

• The COR and Contracting Officer

• Either the Oregon Emergency Response System (1-800-452-0311 or 1-503-378-4124) or the Washington Emergency Management Division (1-800-OILS-911), as applicable

AND

• The National Response Center (1-800-424-8802)

Oil absorbing mats are required under all stationary equipment, or equipment being serviced while on Government land to prevent leaking or spilled petroleum base products from contaminating soil and water resources. Such material will be furnished by Contactor and approved by Contracting Officer.

Equipment shall be furnished on a fully operational basis, of modern design and in good operating condition with no fuel or oil leaks. Repairs and move-in/move-out are the Contractor’s responsibility. All equipment shall be power washed and shall be clean prior to entering Government Land.

(c) No objectionable material (i.e. gasoline, oil and hydraulic fluids) shall be allowed to enter any stream, river, lake, or other body of water. Material which falls in these areas shall be retrieved and disposed of, or incorporated in the work as directed by the Contracting Officer, and damage to vegetation or structures outside the project limits shall be repaired as directed by the Contracting Officer.

(d) The Contractor shall not operate equipment or otherwise disturb the natural vegetation and soil beyond the fence ROW.

(e) The Contractor will make every reasonable attempt to preserve the scenic and natural environment along this construction project.

H.6 PROSECUTION OF WORK (will be identified per Individual Task Order)

Construction activity shall be limited to , coordinate your work plan with the Contracting Officer. The Contractor shall conduct activities so that interference with the public shall be kept at a minimum. The project site shall be open to public access and free of hazards on weekends. Any activities requiring closure to the public shall be scheduled with the COR at least 7 days in advance.

H.7 FINAL CLEANUP

Contractor shall remove and dispose all 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 the fence construction, all stakes, flagging, and similar debris within the project area. This Cleanup is a subsidiary item for which no special payment will be made. If a forest has a food storage order in place for bears, the contractor will comply with that order. All debris shall be disposed off of National Forest Land and in accordance with State and Local disposal requirements.

H.8 USE OF ROADS BY CONTRACTOR (will be identified per Individual Task Order) As defined within the specs

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described per Individual Task Order, and when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

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

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (Whistleblower

Guidance to contractor employees) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-2 Security Requirements (MAR 2021) Alternate II (APR 1984) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV

2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec

2023) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

[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.

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation

(MAY 2018)

FAR 52.222-6 Construction Wage Rate Requirement (AUG 2018) FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (JUL 2021) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) FAR 52.222-12 Contract Termination - Debarment (MAY 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (MAY 2014) FAR 52.222-14 Disputes Concerning Labor Standards (FEB 1988) FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (APR 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction (APR

2015) FAR 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or

Separately Specified Pricing Method) (AUG 2018) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026

(JAN 2022)

FAR 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021)-

Alternate l (JULY 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) Hydrofluorocarbons (MAY 2024)

FAR 52.223-23 Sustainable Products & Services (MAY 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (June 2000) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

FAR 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-11 Individual Surety - Pledge of Assets (FEB 2021) (DEVIATION MAY

2023) FAR 52.228-12 Prospective Subcontractor Requests for Bonds (DEC 2022) FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment Bonds -- Construction (JUN 2020)

(DEVIATION MAY 2023)

FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) FAR 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (APR 1984) FAR 52.236-10 Operations and Storage Areas (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-12 Cleaning Up (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-17 Layout of Work (APR 1984) FAR 52.243-5 Changes and Changed Conditions (APR 1984) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB

2024) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (APR 1984) FAR 52.249-10 Default (Fixed-Price Construction) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991) AGAR 452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts

(NOV 1996)

AGAR 452.236-72 Use of Premises (NOV 1996) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-eliminate-hard-copy-original-documents-signatures-notarization-seals-bonds-other-seals.pdf

AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response (NOV 1996)

FAR 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 thirty (30) days before end of contract.

(End of clause)

FAR 52.225-9 Buy American Act-Construction Materials (OCT 2022)

(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 product (as defined in paragraph (1) of the definition of “commercial product” 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. 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—

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost https://www.acquisition.gov/far/part-2#FAR_2_101 of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029.

Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all component used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners.

Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of https://www.acquisition.gov/far/part-25#FAR_25_105 the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. Chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (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 product or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) 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 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_505 https://www.acquisition.gov/far/part-12#FAR_12_505 unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, 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 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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

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

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