Mauldin_Elk_Fence_Solicitation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 12751218Q0011 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

2. Note: An offer guarantee (Bid Bond) IS REQUIRED.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture; Forest Service Lincoln National Forest 3463 Las Palomas Alamogordo, NM 88310

Offers Are Solicited For:

Mauldin Springs Elk Fence for the Lincoln National Forest

Sacramento Ranger District

Otero County, New Mexico

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

Standard Form 1442, Solicitation, Offer, and Award

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1 -- Schedule of Items – Mauldin Springs Elk Fence for the Lincoln National Forest B- 2 – Price Proposal Instructions B- 3 – Bond Premiums B- 4 – Officer Submittal

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 – Project Description and Location C- 2 – Government-Furnished Property C- 3 -- Standard Specifications C- 4 –Supplemental Specifications C- 5 – Drawings C- 6 – Use of Premises and Camping C- 7 – Tools and Equipment C- 8 -- Biobased Product Utilization

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 -- Clauses Incorporated by Reference E- 2 – Inspection of Construction E- 3 -- Contracting Officer’s Representative

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 - Clauses Incorporated by Reference F- 2 - Commencement, Prosecution, and Completion of Work Alt I

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 - Conditions on Use of Premises H- 2 – Key Personnel H- 3 – Fire Control H- 4 – Loss, Damage and Destruction H- 5 – Incidental Payment Items H- 6 – Conformity with Drawings and Specifications H- 7 - Landscape Preservation H- 8 - Invoice Processing Platform (IPP) H- 9 - Accident Prevention

H- 10 - Weed-Free Equipment

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I-1 - Clauses Incorporated by Reference I-2 - Variation in Estimated Quantity

I-3 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I-4 - Buy American - Construction Materials I-5 - Bid Guarantee I-6 - Alternative Forms of Security I-7 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I-8 - Permits and Responsibilities I-9 - Alterations in Contract

I- 10- Order of Precedence - Construction

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

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

J- 1 - Wage Rate Decision J- 2 - Supplemental Specifications – J- 3 - Drawings/Construction Plans –

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 – Incorporation by Reference of Representations and Certifications

K- 3 - Corporate Tax Delinquency/Felony Conviction Representations

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 - System for Award Management L- 3 – Inquiries L- 4- Facsimile Proposals and Email Proposals L- 5 - Instructions for the Preparation of Technical and Business Proposals L- 6 - Amendments to Proposals L- 7 - Type of Contract L- 8 – Construction Wage Rate Requirements – Secondary Site of Work L- 9 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction L-10 - Notice of Buy American Requirements - Construction Materials L-11 - Service of Protest L-12 - Site Visit (Construction) L-13 - Preparation of Proposals – Construction

SECTION M - EVALUATION FACTORS FOR AWARD

M- 1 - Evaluation Factors M- 2 - Award Decision

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12751218Q0011

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFQ)

3. DATE ISSUED

06/24/2018

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

895064

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service Lincoln National Forest

USDA, Forest Service Lincoln National Forest 3463 Las Palomas Alamogordo, NM 88310

9. FOR INFORMATION

CALL:

a. NAME

TINA KELLY

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

406-544-5807 or email tinakelly@fs.fed.us

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 no., date):

MAULDIN SPRINGS ELK FENCE FOR THE LINCOLN NATIONAL FOREST

Lincoln National Forests

Otero County, New Mexico

Price Range: The Government’s estimate is between $100,000 and $250,000.

**FAXED OFFERS ARE NOT ACCEPTABLE. ORIGINAL BID BONDS ARE REQUIRED. OFFERS MUST BE MAILED OR HAND-CARRIED AND RECEIVED BY, MONDAY, August 27th, 2018 AT 2:00 PM LOCAL TIME (MST).

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 n/a

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm local time Monday, August 27, 2018. If this is a sealed bid solicitation, offers must 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. (If “is required” see AGAR Clause 452.228-70)

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 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

Duns No. _________________

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government 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.)

Please complete this block.

AMOUNTS

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 NO.

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:

22. AMOUNT

1. 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

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

USDA – Forest Service

Lincoln National Forest

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

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)

TINA KELLY

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

BY

31c. DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

CONSTRUCTION RFP thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Mauldin Springs Elk Fence for the Lincoln National Forest

SECTION B - SUPPLIES OR SERVICES AND PRICES

Schedule of Items

Mauldin Springs Elk Fence

Lincoln National Forest

Otero County

B- 1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

151 Mobilization ALL 1 $__________ $__________

619 Fences, Gates and Cattle Guards

619(1) Removal of existing fence LF 4650 $__________ $__________

619(2) Construct Elk fencing (one at upper

Mauldin and one at Lower Mauldin)

LF 4650 $__________ $__________

619(3) 2-post line braces (H-braces) EA 8 $__________ $__________

619(4) 5-post corner braces EA 10 $__________ $__________

619(5) Livestock gate EA 2 $__________ $__________

619(6) Woven wire mesh/panels LF 4650 $__________ $__________

TOTAL OFFER (ALL ITEMS) $__________________

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

B-2 PRICE PROPOSAL INSTRUCTIONS: Provide unit prices and total item amounts for all items except those designated as Lump Sum. Do not round the extended item totals and provide unit prices when required to the nearest dollar.

B-3 BOND PREMIUMS: 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 151.01 Mobilization. Payment will be made on actual work performed as described in FP-14 203.08 unless otherwise noted. The above pay items are contract quantities unless noted.

B-4 OFFER SUBMITTAL: As your offer, submit a completed and signed Standard Form 1442, the completed Schedules of Items B-1, a Technical Proposal, an original bid bond, and a completed Section

K. Corporate offerors are also required to complete and submit Section K-3. Both technical and price proposals are required for evaluation of offers. See Section L for proposal instructions and Section M for evaluation/award information.

Electronic or facsimile proposals are NOT acceptable.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 - PROJECT DESCRIPTION AND LOCATION

Description of Work.

(a) The intent of the contract is for the Contractor to construct a fenced exclosure around

Upper/Lower Mauldin Spring and adjacent wetland. Contractor shall construct approximately

4,650 feet of fencing, including one crossing, corners and H-bracing as required, and one gate at each location. Contractor shall also remove and dispose of existing barbed wire fence and all associated materials.

(b) The precise details of performing the work are not described, except as considered essential for the successful completion of the work. Furnish labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

Project Location.

(c) The project work area is located on the Lincoln National Forest, Sacramento Ranger District. All of the fence construction will take place within the Mauldin Spring area in Wills Canyon off of

New Mexico Highway 130 and County Road D18 (Wills Canyon Road). Project location is

Township 17 South, Range 12 East, Sections 29 and 30 (see attached map).

(d) The fences are used to exclude livestock, feral swine, and elk from riparian/wetland habitat.

(e) Price Range

Government Cost Estimate is between $100,000 and $250,000

(f) Start Work.

It is estimated that the notice to proceed under this contract will be issued approximately Novemember 26, 2018

(g) Period of Performance. Contract shall be completed by March 30, 2019. See Part 1, Section F, FAR

Clause 52.211-10 Alt I.

(h) Site Visit or Pre-Bid Tour A pre-bid tour or site visit is scheduled for this project. The site visit is scheduled for Thursday, August 2, 2018 at 10:00 pm MST. The meeting will be held at the Sacramento Ranger Station, 4 Lost Lodge Road, Cloudcroft, NM 88317. Interested contractors are encouraged to visit the project site prior to submittal of prices and technical proposal. To register for the site visit please contact Tina Kelly at (406) 544-5807 or by email at tinakelly@fs.fed.us.

mailto:tinakelly@fs.fed.us

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

Contracting Questions: Technical Questions:

Tina Kelly Rafael Castanon or Tim Carroll USDA Lincoln National Forest USDA, Lincoln National Forest Supervisor’s Office Supervisor’s Office 3463 Las Palomas 3463 Las Palomas Alamogordo, NM 88310 Alamogordo, NM 88310 Telephone: (406) 544-5807 Telephone: Rafael (575) 434-7373 Tim (575) 434-7250

C- 2 – GOVERNMENT and CONTRACTOR FURNISHED PROPERTY

.Government Furnished Materials

The Forest Service will furnish barbed wire, pipe, and rail. All government furnished materials will be delivered to the project area.

Contractor Furnished Materials and Labor

The contractor shall furnish any and all expertise, tools, equipment, labor, supervision, transportation, lodging, and safety equipment necessary to complete the project. Contractor shall provide all necessary concrete for the installation of the pipe posts, pipe brace postholes and down brace holes. The contractor will also provide any other miscellaneous materials that may be needed to construct the new fence. Contractor shall follow the Standard Specification and the Standard Fire Plan.

C- 3 – STANDARD SPECIFICATIONS

“Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects” (FP-14, U.S.

Customary Units) are included in this solicitation by reference only. The requirements contained in these

Specifications are hereby made a part of this solicitation and any resultant contract. Copies are available electronically on the U.S. Department of Transportation Federal Highways Administration website at:

https://flh.fhwa.dot.gov/resources/specs/

C- 4 – SUPPLEMENTAL SPECIFICATIONS

See Section J for the list of Forest Service Supplemental Specifications (FSSS) that are incorporated into this solicitation and any resultant contract.

C- 5 -- DRAWINGS

See Section J for the listing of Drawings that are incorporated into this solicitation and any resultant contract.

C- 6 – USE OF PREMISES AND CAMPING.

Camping will be allowed in close proximity to the project site in an area approved by the CO. Camping is restricted to the low impact (“Leave No Trace”) method in adherence with the wilderness ethic. (See Section H) https://flh.fhwa.dot.gov/resources/specs/

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

C- 7 – TOOLS AND EQUIPMENT

All tools and equipment shall be furnished by the Contractor.

C- 8 – BIOBASED PRODUCT UTILIZATION

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.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Hydraulic Fluids Penetrating Lubricants Degreasers Absorbents Diesel Fuel Additives Greases Dust Suppressants 2-Cycle Engine Oil Sorbents Adhesive and Mastic Removers Cleaners Concrete/Asphalt Release Fluids Composite Panels Sealers Wood and Concrete Sealers Graffiti and Grease Removers Stain Removers Metalworking Fluids

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product.

This information will be used for reporting purposes (see Section I, FAR Clause 52.223-2).

http://www.biopreferred.gov/

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

conventional product.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations

– http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52-246-6 Inspection-Time and Materials and Labor Hour (MAY 2001) **Applicable to Equipment

Rental Items only.

E-2 - INSPECTION OF CONSTRUCTION (FAR 52.246-12) (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

(e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E-3 - CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer (CO) will designate a representative, hereinafter referred to as the Contracting Officer's Representative (COR) or, alternatively, as the Engineer, who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the prework conference. The Contractor is cautioned to read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer. The term "Contracting Officer" as used throughout the Specifications, shall be interpreted to include the Contracting Officer's designated representative(s) acting within the limits of their delegation of authority.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

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 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 March 30, 2019. 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 November 26, 2018. 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.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 CONDITIONS ON USE OF PREMISES (Camping)

(a) Camping will be allowed only at the sites designated on the project maps or approved in advance by the Contracting Officer. Camping for durations longer that 14 days require a permit from the District Ranger.

(b) No improvements of a permanent nature shall be constructed without prior written approval of the Contracting officer.

Temporary structures such as tent frames, hitch racks, tents and tent pegs shall be removed at the end of the period of use, all evidence of the camp eliminated, and the site restored to its original condition. Final payment will not be authorized until the campsite has been cleaned up and the site is approved by the Contracting Officer or his designated representative.

Reusable native material may be neatly stacked for future use.

(c) Livestock will not be permitted without written approval from the Contracting Officer.

(d) Vegetation shall be undisturbed to the maximum extent possible. The Contractor will be permitted to cut only those trees designated by the CO.

(e) Storage of petroleum products in excess of 50 gallons at the campsite will require the approval of the CO. All petroleum spills shall be immediately cleaned up. All spills shall be reported immediatly to the CO or CO. Spills over 25 gallons or that cause a sheen on surface water shall be reported to the Montana State Department of Enviromental Quality. No waste disposal of petroleum product will be permitted on National Forest land.

(f) Chemical toilets are preferred for all campsites.

(g) Refuse including waste materials, garbage, and rubbish of all kinds, shall be disposed of in the following manner, and shall guard the purity of streams and living waters:

Garbage, trash, sewage waste, and other litter shall be kept in closed fly-proof containers and periodically hauled to an approved disposal facility located outside of the National Forest.

(h) Waste water shall be disposed of at a waste water dump station on a regular basis.

(i) No waste or by-products shall be discharged if it contains any substances in concentrations which will result in substantial harm to fish and wildlife, or to human water supplies.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters, or channels leading into water, that would result in substantial harm to fish and wildlife or to human water supplies.

(j) The camp area shall be maintained to present a clean, neat, and orderly appearance. Disposal of trash and debris, unusable machinery, Forest Service authorized improvements, etc., shall be kept current. Building materials, firewood, etc., shall be neatly stacked.

The campsite shall be left in a clean condition. Any clean-up work not accomplished by the Contractor at time of camp closure will be done by the Forest Service, and the actual cost of such clean-up will be deducted from payment otherwise due the Contractor.

H-2 AGAR 452.237-74 Key Personnel (FEB 1988)

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

Superintendent/On-site Contractor Representative (on-site supervisor) Quality Control Officer.

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

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

H-3 Fire Control

See Section J – Forest Service Supplementary Specifications

H- 4 Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

H- 5 Incidental Payment Items

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

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

H- 6 Conformity With Drawings and Specifications

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

H- 7 Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in 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) Operation 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.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water 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.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting

Officer.

H- 8 Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

H- 9 Reference FAR 52.236-13, Accident Prevention.

http://www.ipp.gov/

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

Safety. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials, and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control, and coordination with other users.

H- 10 Weed-Free Equipment

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

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment (equipment that operates off existing roads) prior to entry on the project area. This cleaning shall remove all dirt and plant parts and material that may carry noxious weed seeds into the project area. Only construction equipment inspected by the Contracting Officer will be allowed to operate within the project area. All subsequent move-ins of construction equipment shall be treated the same as the initial move-in.

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

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY

2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013)

52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (MAY 2014) 52.222-6 Construction Wage Rate Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JULY 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

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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 (SEPT 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JULY

1995) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-4 Patent Indemnity--Construction Contracts (DEC 2007 52.228-2 Additional Bond Security (OCT 1997) 52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014) 52.232-9 Limitation on Withholding of Payments (APR 1984) 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 (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) Alternate I (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)

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

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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) 52.236-16 Quantity Surveys (APR 1984 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-5 Payments to Small Business Subcontractors (JAN 2017) 52.242-13 Bankruptcy (JULY 1995) 52.243-4 Changes (JUNE 2007) 52.244-6 Subcontracts for Commercial Items (JAN 2017) 52.245-1 Government Property (JAN 2017 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering--Construction (OCT 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I

(SEPT 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.236-71 Prohibition Against the Use of Lead-Paint (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)

I-2 FAR 52.211-18 Variation in Estimated Quantity (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

Sacramento Ranger District

I-3 FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I-4 FAR 52.225-9 Buy American--Construction Materials (MAY 2014)

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

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

(1) Means any item of supply (including construction material) that is--http://www.biopreferred.gov/ http://www.sam.gov/

CONSTRUCTION RFQ thru FAC 2005-94B and 95B – 1/19/2017, Procurement Advisory 128 – 8/9/2017 12751218Q0011

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

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

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

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

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

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

"Cost of components" means--

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

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

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

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

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

(ii) The construction material is a COTS item.

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Sacramento Ranger District

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

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

(b) Domestic preference.

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

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

NONE.

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

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