Solicitation_12837918Q0017_-_Santa_Fe_NF_Forest-Wide_Blading_2018.pdf

REQUEST FOR QUOTATION PAGE OF PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE 1 60

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

12837918Q0017 05-XX-2018 902317

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5a. ISSUED BY 6. DELIVER BY (Date)

SANTA FE NATIONAL FOREST

NORTHERN ACQUISITION MANAGEMENT ZONE

11 FOREST LANE

SANTA FE, NEW MEXICO 87508

5b. FOR INFORMATION CALL (NO COLLECT CALLS) 7. DELIVERY FOB DESTINATION

NAME TELEPHONE NUMBER OTHER (See Schedule)

AREA CODE NUMBER 9. DESTINATION

Kiernan Holliday (COR) Joseph Varoz (ACO)

438-5363 438-5341

NAME OF CONSIGNEE

8. TO:

NAME COMPANY STREET ADDRESS

STREET ADDRESS CITY

CITY STATE ZIP CODE STATE ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the

July 10, 2018, 5:00 PM MST submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

1.

Santa Fe NF Forest-Wide Blading Project

Santa Fe National Forest. Road Maintenance per specifications, plans, and drawings included in this solicitation.

Note: All quoters are required to submit a written offer to be considered for award. Please include all applicable taxes in your quote Prospective contractors must be registered/active in SAM.gov on RFQ due date/time.

It is mandatory that offers be e-mailed only to:

jvaroz@fs.fed.us . All offers must be received no later than 5:00 P.M. on, July 10, 2018.

See Schedule of Items

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

12. DISCOUNT FOR PROMPT

PAYMENT

NUMBE

R

PERCENTA

GE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO 15. DATE OF

a. NAME OF QUOTER SIGN QUOTATION QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:jvaroz@fs.fed.us

Important items applicable to a contract resulting from this solicitation:

1.) Performance Bonds are required in an amount equal to 100% of the Contract Value resulting from this solicitation. Reference Contract Clause 52.228-15 PERFORMANCE AND PAYMENT

BONDS.

2.) Payment Bonds are required in the amount of 100% of the contract price if the awardee intends to use a subcontractor(s). Reference Contract Clause 52.228-15

3.) The Forest Service, US Department of Agriculture has adopted FP-14, Standard Specifications for

Construction of Roads and Bridges on Federal Highway Projects, for construction of National Forest

System Roads. All work associated with this road maintenance and construction solicitation shall conform to these specifications or as modified in Forest Service Special Project Specifications

(FSSS) and/or Supplemental Specifications. The FP-14 is available for downloading at the following: URL: http://flh.fhwa.dot.gov/resources/specs/fp-14.htm

4.) Prospective contractors shall submit an offer on the base item and all optional items solicited.

5.) The basis of award will be a conforming offer, considering the prospective contractor’s response to the evaluation criteria below, the price or cost of which may or may not necessarily be the lowest.

6.) If the contractor has questions about the project they shall submit them in writing to both the CO –

Joseph Varoz (jvaroz@fs.fed.us) and COR – Kiernan Holliday (kiernanholliday@fs.fed.us) no later than Thursday, June 20th, 2018 at 10:00 AM MDT.

7.) A link for maps of Forest Service Roads is included below:

https://www.fs.usda.gov/detail/santafe/landmanagement/projects/?cid=stelprdb5412097

Evaluation Criteria (Response to the evaluation criteria below is mandatory):

1. Past Performance: Please list all prior similar work performed over the past three (3) years. Please provide all contact information (Name, Address, Phone number, E-mail Address, Cell phone number) for both the

Contracting Officer (CO) and Contracting Officer Representative (COR) on all projects listed.

2. Availability of Contractor to perform work during specified times.

3. Price http://flh.fhwa.dot.gov/resources/specs/fp-14.htm mailto:jvaroz@fs.fed.us mailto:kiernanholliday@fs.fed.us https://www.fs.usda.gov/detail/santafe/landmanagement/projects/?cid=stelprdb5412097

Schedule of Items (Base – Contract Time – 60 Days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1 15101 Mobilization ALL LPSM

2 30307 Roadway

Reconditioning

Miles 78.7

Subtotal

Tax

Total

Passenger Car Roads—Base Schedule

District Road Number Start End Approximate

Miles

Coyote 151 NM 96 Monastery 13.1

76 NM 96 Rd 103 9.5

8 NM 96 End of aggregate 11.0

99 Rd 100 Rd 144 6.8

100 NM 96 End of aggregate 15.1

103 NM 96 District

Boundary

19.2

11 Rd 8 Loop 4.0

Approximate

78.7

Signature_________________________________Date___________________________________

DUNS Number___________________________________________________________________

Schedule of Items

(Option A – Subject to the Availability of Government Funding. Contract Time – 30 days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1A 15101 Mobilization ALL LPSM

2A 30307 Roadway

Reconditioning

Miles 67

Subtotal

Passenger Car Roads—Option A

District Road

Number

Start End Approximate

Cuba 95 Co Rd 16 Trailhead 4.2

96 Co Rd Trailhead 1.5

103 NM 126 Jct Rd 103/315 8.6

70 NM 126 Rd 103 17.6

20 NM 126 Rd 534 14.6

69 Rd 103 Rd 70 5.7

6 Rd 7 M.P 5.7 5.7

5 NM 112 End of aggregate 9.0

Approximate Miles 67.0

Signature___________________________________Date____________________________________

DUNS Number_______________________________________________________________________

(Option B – Subject to the availability of Government funding. Contract Time – 30 Days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1B 15101 Mobilization ALL LPSM

2B 30307 Roadway

Reconditioning

Miles 32.4

Subtotal

Passenger Car Roads—Option B

Number

Jemez 133 NM 4 Loop 1.3

376 End of asphalt NM 126 16.7

604 Rd 376 End of aggregate 3.2

144 NM 126 Rd 315 11.2

Approximate Miles 32.4

Signature____________________________________Date_____________________________________

DUNS Number_________________________________________________________________________

(Option C – Subject to the availability of Government funding. Contract Time – 30 Days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1C 15101 Mobilization ALL LPSM

2C 30307 Roadway

Reconditioning

Miles 38.4

Subtotal

Passenger Car Roads—Option C

Number

Española 31 End of asphalt Jct Rd 31/27 8.0

27 Rd 31 Forest Boundary 2.5

306 Rd 440 Borrego CG 6.1

440 Road 306 Forest boundary 0.4

144 Forest boundary Chicoma 20

24 Co. Road 62 Campground 1.4

Approximate Miles 38.4

Signature__________________________________________Date_______________________________

DUNS Number________________________________________________________________________

(Option D – Subject to the availability of Government funding. Contract Time – 30 Days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1D 15101 Mobilization ALL LPSM

2D 30307 Roadway

Reconditioning

Miles 31.4

Subtotal

Passenger Car Roads—Option D

Number

Pecos-

LV

263 Road 156 Loop 6.7

156 Road 263 End 8.3

156A Road 156 Loop 0.4

18 Road 156 Forest Boundary 5.5

83 NM223 Road 83Y 10.5

Approximate

31.4

Signature__________________________________________Date______________________________

(Option E – Subject to the availability of Government funding. Contract Time – 30 Days)

Item No. Pay Item Description Quantity Unit Unit Price Amount

1E 15101 Mobilization ALL LPSM

2E 30307 Roadway

Reconditioning

Miles 146.0

Subtotal

High-clearance Vehicle Roads—Optional Schedule E

Number

Start End Approximate

Miles

Coyote 100A Rd 100 Lookout 3.0

171 Rd 76 Cecelia Trailhead 4.2

93 End of aggregate Rd 103 6.6

458 Rd 316 Rd 311D 1.1

8 End of aggregate Rd 11 4.0

71 Rd 76 End of road 4.6

316 End of aggregate Rd 103 3.3

11 Rd 8 Gallegos Spring 2.0

Cuba 531 Rd 20 M.P. 2.0 2.0

539 Rd 534 Girl Scout camp 4.9

88 US 550 M.P. 2.0 2.0

534 Rd 20 M.P. 7.3 7.3

507 Rd 6 Lookout 0.9

533 NM 126 Rd 20 6.7

515 Rd 313 End of road 9.7

315 Rd 103 Rd 104 6.8

Jemez 239 Rd 376 Jct. 653E 2.5

653 Jct. Rd 239/653E Jct. 558/653E 4.6

376 NM 126 Hot Springs 4.6

Española 27 Cerro Peon Rd 422 5.0

306E Rd 306 Trailhead 0.5

435 Rd 435G Trailhead 1.5

102 NM 475 Co. Rd. 76 7.6

412 Rd 102 Trailhead 1.7

306 Borrego CG Forest Service boundary

3.8

418 Rd 31 past Forest

Service Boundary

M.P. 2.8 2.8

Pecos-

LV

637 FS Bdy M.P. 3.0 3.0

83Y 83 Lookout 2.4

324 NM 34 M.P. 4.0 4.0

632 Co. Rd. A042 638 1.1

638 Jct 638 SW 1/4 Sec 6 4.0

113 Walker Flats Chapulin CFRP 2.5

113E 113 Trailhead 233 6.9

375 FS Bdy Lookout 8.4

92 Jct 86 SW 1/4 Sec 26 4.0

86 FS Bdy M.P. 3.0 3.0

223 FS Segment Segment 3.0

Approximate Miles 146.0

Signature__________________________________________Date______________________________

Santa Fe National Forest IDIQ Road Work FY 18 Scope of Work and General

Project Information

Contract Description

The work under this contract is divided into a basic schedule and 5 optional schedules. Bidders must provide a quotation on the basic schedule and all optional schedules. The optional schedules may be awarded subject to the availability of government funding.

Basic Schedule and Optional Schedules A through E Description and Location

This work consists of providing a crew and necessary equipment to perform Section 303 Roadway

Reconditioning: Maintaining native or aggregate surface roads in a condition to facilitate traffic and provide proper drainage. It includes maintaining the crown or slope of the traveled way, shoulders, drainage dips, ditches, berms, and turnouts and provides a level of smoothness appropriate for the traffic served. The work is to maintain approximately 248 miles of passenger car road and approximately 146 miles of high-clearance vehicle road, forest-wide on the Santa Fe National Forest. Payment under the basic schedule and optional schedules A through E will be paid by the mile of work.

The location of the work under the basic schedule and optional schedules A through E is forest-wide on the

Santa Fe National Forest.

Equipment and Work Crews

Provide the equipment and work crews necessary to perform the required work. The roadway reconditioning work under this task order may require equipment and laborers other than a motorgrader and an operator.

Perform the road reconditioning on each road regardless of the equipment required or the condition of the road.

These are remote roads and some have not been maintained in the best condition. Take an opportunity to visit the road sites and determine what equipment and crews are necessary for the work.

Do not work on Saturdays, Sundays, or holidays.

After completing the work on one road, do not move the equipment to the next road until the work on the road just completed is approved.

Construction Requirements

Begin work on acceptance of this task order.

Complete work by December 31, 2019

Specifications and Drawings

The specifications for this contract are: Standard Specifications for Construction of Roads and Bridges on

Federal Highway Projects, FP-14, U.S. Customary Units, published by the U.S. Department of

Transportation, Federal Highway Administration. The specifications are available at the following website:

The following are changes and additions to the FP-14

Standard Specifications:

Section 101 — Make the following changes and substitutions:

101.01 Meaning of Terms. Add the following paragraph

Delete all references to the TAR (Transportation Acquisition Regulations) in the specifications.

101.03 Abbreviations. Add the following abbreviations:

(a) Acronyms.

AGAR — Agriculture Acquisition Regulations

FSAR — Forest Service Acquisition Regulations

(f) Miscellaneous unit abbreviations.

MP — milepost location

101.04 Definitions. Change and add the following definitions:

Adjustment in Contract Price — “Equitable adjustment,” as used in the Federal Acquisition Regulations.

Bid Schedule — The Schedule of Items.

Bridge — A structure, including supports, erected over a depression or an obstruction such as water along a road, a trail, or a railway and having a deck for carrying traffic or other loads.

Change — “Change” means “change order” as used in the Federal Acquisition Regulations.

Culvert — Any structure with a bottom, regardless of fill depth, depth of invert burial, or presence of horizontal driving surface, or any bottomless (natural channel) structure with footings that will not have wheel loads in direct contact with the top of the structure.

Notice to Proceed — Written notice to the Contractor to begin the contract work.

Right-of-Way — A general term denoting (1) the privilege to pass over land in some particular line

(including easement, lease, permit, or license to occupy, use, or traverse public or private lands), or (2) Real property necessary for the project, including roadway, buffer areas, access, and drainage areas.

Solicitation — The complete assembly of documents (whether attached or incorporated by reference) furnished to prospective bidders.

Section 102. — Delete the entire section.

Section 103— Delete the entire section and substitute the following:

Section 103. — SCOPE OF WORK

103.01 Intent of Contract. The intent of the contract is to provide for the construction and completion of the work described. 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.

Section 104— Delete the entire section.

Subsection 106.01. Delete the entire subsection and substitute the following:

106.01 Conformity with Contract Requirements.

Follow the requirements of FAR Clause 52.246-12 Inspection of Construction.

References to standard test methods of AASHTO, ASTM, GSA, and other recognized standard authorities refer to the methods in effect on the date of solicitation for bids.

Perform all work to the lines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in the contract.

Incorporate manufactured materials into the work according to the manufacturer’s recommendations or to these specifications, whichever is more strict.

Plan dimensions and contract specification values are the values to be strived for and complied with as the design values from which any deviations are allowed. Perform work and provide material that is uniform in character and reasonably close to the prescribed value or within the specified tolerance range. The purpose of a tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons.

When standard manufactured items are specified (such as fence, wire, plates, rolled shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.), the identification will be considered to be nominal masses or dimensions. Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted.

The Government may inspect, sample, or test all work at any time before final acceptance of the project.

When the Government tests work, copies of test reports are furnished to the Contractor upon request.

Government tests may or may not be performed at the work site. If Contractor testing and inspection is verified by the Government, the Contractor’s results may be used by the Government to evaluate work for acceptance. Do not rely on the availability of Government test results for process control.

Acceptable work conforming to the contract will be paid for at the contract unit bid price. Four methods of determining conformity and accepting work are described in Subsections 106.02 to 106.05 inclusive. The primary method of acceptance is specified in each Section of work. However, work may be rejected at any time it is found by any of the methods not to comply with the contract.

Remove, repair, or replace work that does not conform to the contract, or to prevailing industry standards where no specific contract requirements are noted. Removing, repairing, or replacing work; providing temporary traffic control; and any other related work to accomplish conformity will be at no cost to the

Government.

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

1. Sampling method;

2. Number of samples;

3. Sample transport;

4. Test procedures;

5. Testing laboratories;

6. Reporting;

7. Estimated time and costs; and

8. Validation process.

If the evaluation requires additional sampling or testing be performed, mutually agree with the Government on witnessing procedures and on sampling and testing by a third party laboratory. Use a third party laboratory accredited by the AASHTO accreditation program. Provide proof of the laboratory’s accreditation for the test procedures to be used. Do not use the same laboratory that produced the disputed

Government test results or that produced the test results used as a basis for the dispute.

The CO will review the proposed resolution protocol and may modify it before final approval and execution.

The Government will use the approved resolution protocol test results to determine the validity of the disputed testing. If the Government test results are validated, the Contractor will be responsible for all costs associated with developing and performing the resolution protocol. If the Government test results are not validated, the Government will be responsible for all costs associated with developing and performing the resolution protocol. If the validity of the Government test results cannot be determined, the Contractor and

Government will equally share all costs associated with developing and carrying out the resolution protocol.

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

1. Have the work accepted at a reduced price; or

2. Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Subsection 106.02. Delete the entire subsection and substitute the following:

106.02 Visual Inspection.

Acceptance is based on visual inspection of the work for compliance with the specific contract requirements.

Use prevailing industry standards in the absence of specific contract requirements or tolerances.

Subsection 107.05. Delete the entire subsection.

Section 108 — Delete the entire section.

Section 109 — Delete Subsections 109.06, 109.07, 109.08, and 109.09:

Section 155 — Delete the entire section.

Section 303. — Delete the entire section and substitute the following:

Section 303. — ROADWAY RECONDITIONING

Description

303.01 This work consists of reconditioning ditches, shoulders, roadbeds, and aggregate surfaces.

Material

303.02 Conform to the following Subsection:

Water 725.01

Construction Requirements

303.03 Ditch Repair. Remove all slide material, sediment, vegetation, and other debris from the existing ditches and culvert inlets and outlets. Reshape ditches and culvert inlets and outlets to achieve positive drainage and a uniform ditch width, depth, and grade. Dispose of waste according to Subsection 204.14.

303.04 Shoulder Repair. Repair soft and unstable areas according to Subsection 204.07. Remove all slide material, vegetation, and other debris from existing shoulders including shoulders of parking areas, turnouts, and other widened areas. Reshape shoulders and dispose of waste according to Subsection 204.14.

303.05 Roadbed Repair. Repair soft and unstable areas according to Subsection 204.07. Remove all organic, deleterious, or oversize material larger than 6 inches from the top 6 inches of roadbed. Dispose of waste according to Subsection 204.14. Fill incised areas, remove surface irregularities, and shape to provide a uniform surface. Compact according to Subsection 204.11.

303.06 Aggregate Surface Repair. Repair soft and unstable areas to the full depth of the aggregate surface and according to Subsection 204.07. Scarify to the depth of the aggregate surface or to a depth of 8 inches, whichever is less, and remove surface irregularities. Reshape, finish, and compact the entire aggregate surface according to Section 308.

303.07 Roadway Reconditioning. Perform all the applicable work described in Subsections 303.03 through

303.06.

303.08 Acceptance. Roadway reconditioning work will be evaluated under Subsections 106.02.

Measurement

303.09 Measure the Section 303 items listed in the bid schedule according to Subsection 109.02.

Payment

303.11 The accepted quantities will be paid at the contract price per unit of measurement for the Section 303 pay items listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section.

See Subsection 109.05.

Typical roadway section drawing showing the maintenance limit for Section 303 Roadway Reconditioning.

This task order has a basic schedule and 5 optional schedules. Bidders must submit bids on the basic schedule and all five optional schedules. The contracting officer has discretion to award the optional schedules.

SECTION D - PACKAGING AND MARKING

(Not applicable in this solicitation/contract)

SECTION E - INSPECTION AND ACCEPTANCE

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):

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

52.246-12 INSPECTION OF CONSTRUCTION (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) of this section.

(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.

(e) The Contractor shall promptly furnish, at no increase in contract price, 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 http://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html

(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.

(End of clause)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.

(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may—

(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and

(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the

Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of—

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The

Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the

Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the

Contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that may result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

Alternate I (Apr 1984). If the Government specifies in the contract the use of any equipment by “brand name and model,” the contracting officer may add a paragraph substantially the same as the following paragraph (k) to the basic clause:

(k) Defects in design or manufacture of equipment specified by the Government on a “brand name and model” basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

SECTION F - DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises. The performance period is negotiable if actual site conditions and the work required should so dictate.

AGAR 452.236-75 MAXIMUM WORKWEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within _5_ calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

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

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

The maximum workweek is 7 days per week.

AGAR 452.228-71 Insurance Coverage.

AGAR 452.232-70 Reimbursement for Bond Premiums--Fixed-Price Construction Contracts

AGAR 452.236-70 Additive or Deductive Items.

452.236-76 Samples and Certificates.

As prescribed in 436.576, insert the following clause:

SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P309_18323 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P335_20970 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P346_21550 http://farsite.hill.af.mil/reghtml/regs/other/agar/436.htm#P67_5171

AGAR 452.236-80 Firms Ineligible for Award -- Construction.

AGAR 452.237-70 Loss, Damage, Destruction or Repair.

AGAR 452.237-71 Pre-Bid/Pre-Proposal Conference.

AGAR 452.237-73 Equipment Inspection Visit.

AGAR 452.237-74 Key Personnel.

As prescribed in 437.110(d), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988)

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

(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.

(End of Clause)

AGAR 452.237-75 Restrictions Against Disclosure.

AGAR 452.237-76 Progress Reporting.

http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P484_33468 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P494_33838 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P514_35466 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P537_37060 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P551_37761 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P565_39137 http://farsite.hill.af.mil/reghtml/regs/other/agar/452.htm#P577_40413

SECTION G - Contract Administration Data

(Not applicable in this solicitation/contract)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Industrial Fire Plan

The following requirements are a part of this solicitation and any resultant contract, and shall be provided at the Contractor’s expense:

(c) Wildfire Prevention – During periods of contract performance, fire prevention and immediate suppression actions shall be performed by the Contractor.

(d) Execution of Industrial Fire Plan

a. Forest Service personnel involved will, in all cases, coordinate through the Contracting Officer’s Representative (COR) except in cases of emergency, Red Flag Days, or Forest closure.

b. The Contractor shall designate a Fire Guard, fluent in English, who shall be responsible for executing and carrying out the Industrial Fire Plan requirements.

The name of this representative will be provided to the COR at the pre-work meeting.

c. The Contractor shall include the Industrial Fire Plan requirements in all subcontracts.

d. The Contractor shall assure that all contract employees are informed of the existence and conditions of the Industrial Fire Plan requirements.

(e) Compliance Inspection

a. Inspection by the Forest Service will be made to insure compliance with the fire requirements.

b. Should any deficiencies appear during the inspection, the Contractor will be informed and the deficiencies shall be corrected within 24 hours. Activities with the potential to start fires shall be halted until the deficiencies are corrected and the corrections are approved by the COR.

c. The Contractor’s Fire Guard shall make daily inspections to insure that the terms of the Industrial Fire Plan requirements are met at all times, both on the job-site and in the Contractor’s camp.

(f) Fire Pre-Suppression Requirements

a. Fire Toolbox - During contract performance, the Contractor shall furnish and maintain, at the Contractor’s expense, one mobile Fire Toolbox, within ¼ mile or less of the location where the Contractor is currently performing work and camping.The fire toolbox is to be maintained with tools in good condition, in such quantities and mix to provide a fire tool for each person in the Contractor’s workforce. This equipment is for the sole purpose of firefighting: a mix of three shovels, size 0 or larger, one axe, two fire rakes, two Pulaskis, and two 3-5 gallon hand pump garden sprayers or backpack pumps filled with water. Where appropriate, a chainsaws may be substituted for the axe; a McLeod tool or heavy duty garden rake for a fire rake, and a heavy duty garden wide hoe or other sturdy digging/scraping tool may be substituted for the Pulaski.

The fire toolbox shall be replenished with re-sharpened, reconditioned, or new tools by the Contractor after each use.

b. Work Hours – The Contractor shall restrict operations in accordance with the following Industrial Fire Plan level unless the COR waives the requirement in writing.

Each day of operation when there is a predicted change in the Industrial Fire Plan level, the Forest

Service will inform the Contractor between 3 and 6 pm MST (4 and 7 pm MDT). Notification will be made of the alphabetical industrial fire precaution plan (Supplement 1) to be followed the next day within the local operating area.

No later than 9 am MST (10 am MDT) the following day, the Forest Service will inform the Contractor of any change in the fire precaution schedule. In the case of Red Flag Days, the Forest Service will inform the Contractor as soon as possible after the National Weather Service issues their high wind warning for that day, which often comes after 9 am MST.

c. Blasting – Use of caps and safety fuse detonators for blasting is not permitted during periods when fire precaution plan C, or D, or Red Flag is in effect. A Fire Guard shall be required in accordance with the Industrial Fire Plan level (see Section H.3.0.). This individual, when required, shall remain on duty to check for fires for at least 1 hour after blasting is finished. Required equipment shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. Blasting hours are restricted under fire precaution plan C; and blasting is prohibited under fire precaution plan D and on Red Flag days.

d. Welding –Written permission must be obtained from the COR during fire precaution plan B, C, and D. Welding is prohibited on Red Flag days. Required equipment at the welding site shall consist of at least one 5 lb. fire extinguisher, one shovel, size 0 or larger and one 3-5-gallon hand pump garden sprayer or backpack pump filled with water. An area commensurate with the amount of welding to be accomplished shall be cleared to bare mineral soil before welding operations are started. The area in the immediate vicinity of the operation shall be wet down before and after operations. The area adjacent to the welding operations shall be thoroughly checked by the Fire Guard for fires for at least 1 hour after welding.

e. Slash Incineration – Operation of forced-air burners must comply with all state and federal open burning laws, regulations and policies. Forced air burners shall be operated with a minimum set back from combustibles of 100’. This activity is prohibited on fire precaution plan C, D and Red Flag days.

f. Ash disposal – Ash from slash incineration shall be treated in such a manner as to not constitute a wildfire risk, and shall be disposed of in an approved manner designated by the COR.

g. Controlled Burning – All planned burns, including pile burns or use of air curtain burners, conducted by the Contractor under the terms and conditions of the contract are required to have a written Burn Plan that meets the requirements of Forest Service Manual 5140 for the project. The Burn Plan must be prepared, recommended and approved by the appropriate Forest Service Officers. The Contractor will notify the CO, COR, and District Fire Management Officer prior to implementation of a burning project. The Contractor will insure all appropriate Federal, State and local laws, regulations, and policies pertinent to the Burn Plan, are adhered to. Training and qualification standards for the Contractor’s employees conducting burning operations will be required according to the applicable regulations in NWCG 310-1, which can found at the National Wildfire Coordinating Group website, www.nwcg.gov/pms/docs/docs.htm.

h. Fire Guard – To prevent, detect, and suppress wildfires, the Contractor shall provide one or more trained Fire Guards at each operating area where internal combustion engines, incineration equipment, controlled burns or camps are used. Each Fire Guard is required to read, understand, and perform the Industrial Fire Plan duties.

The Fire Guards may perform other contract work in conjunction with Fire Guard duties, provided such other work does not distract from Fire Guard responsibilities.

A Fire Guard(s) assigned on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of twenty (20) minutes to any of the other areas.

Each Fire Guard shall be physically able, and trained to prevent, detect, and report any fire, and to immediately take suppression action with the required firefighting equipment and employees on any wildfire that starts within the contract area. The Fire Guards shall perform their duties during normal operating hours; with an added three (3) hour watch after work stops for the day when the Fire

Precaution Plan is at level B or C. If the Contractor has agreed to additional terms for operation under Fire Precaution Plan D, the Fire Guard will perform all requirements specified in the Plan D

Authorization Letter issued by the CO.

Each Fire Guard shall be equipped with a vehicle capable of carrying a minimum 5 lb. fire extinguisher and fire tools consisting of a cache box with one shovel, size 0 or larger, one cutting tool such as either an axe, Pulaski or chainsaw, one fire rake or heavy duty garden rake, and two 3-5-gallon hand pump garden sprayers or backpack pumps filled with water. All equipment and tools shall be maintained in serviceable and operable condition. The tool cache for the Fire Guard will be in addition to the Fire

Toolbox maintained for the work crews and available for use at both the work site and campsite.

i. Communications –The Contractor shall provide some form of direct communication, such as a cell phone or two-way radio, between the Fire Guard(s) and the work crews, and when technically possible, between the job-site and the Forest Service. The Contractor’s cell phone number, or other form of contact, will be reported to the COR at the pre-work meeting. All communications will be in English.

SECTION I - CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.nwcg.gov/pms/docs/docs.htm www.acquisition.gov/far/ www.usda.gov/procurement/policy/ag ar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JAN 2012)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government

(SEP 2006)

52.203-7 Anti-Kickback Procedures (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

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.

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-7 System for Award Management

52.204-19 Incorporation by Reference of Representations and

Certifications.

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

2010)

52.211-10 Commencement, Prosecution, and Completion of Work

(Alternate I)

52.211-18 Variation in Estimated Quantity (APR 1984)

52.212-4 Contract Terms and Conditions – Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.

52.215-2 Audit and Records -- Negotiation (OCT 2010)

52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort.

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

52.215-23 Limitation on Pass – Through Charges (Alternate I)

52.216-24 Limitation of Government Liability (Note 1)

52.216-25 Contract Definitization (Note 1)

52.219-6 Notice of Total Small Business Set-Aside

(NOV 2011)

52.219-8 Utilization of Small Business Concerns (JAN 2011) Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-11 Special 8(a) Contract Conditions.

52.219-12, Special 8(a) Subcontract Conditions.

52.219-14, Limitations on Subcontracting.

52.219-17, Section 8(a) Award

52.222- Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime

Compensation (JUL 2005)

52.222-6 Davis-Bacon Act (JUL 2005)

52.222-7 Withholding of Funds (FEB 1988) 52.222-8 Payrolls and Basic Records (JUN 2010)

52.222-9 Apprentices and Trainees

(JUL 2005)

52.222-10 Compliance with Copeland Act Requirements

(FEB 1988)

52.222-11 Subcontracts (Labor Standards) (JUL 2005)

52.222-12 Contract Termination - Debarment (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act

Regulations

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (FEB 1988)

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction (FEB 1999)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other

Eligible Veterans (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2010)

52.222-50 Combating Trafficking in Persons (FEB 2009)

52.223-5 Pollution Prevention and Right-to-Know Information

(MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products

(DEC 2007)

52.223-18 Contractor Policy to Ban Text Messaging While

Driving

52.225-13 Restrictions on Certain Foreign Purchases (JUN

2008)

52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or Transactions Relating to

Iran – Representations and Certifications

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.232-5 Payments under Fixed-Price Construction Contracts

52.232-18 Availability of Funds.

52.232-27 Prompt Payment for Construction Contracts

52.232-39 Unenforceability of Unauthorized Obligations

52.233-2 Service of Protest

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.236-2 Differing Site Conditions

52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-5 Material and Workmanship

52.236-6 Superintendence by the Contractor

52.236-7 Permits and Responsibilities

52.236-8 Other Contracts.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P522_96627 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1270_225145 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1281_226680…