Solicitation_-_Black_Kettle_Fishing_and_Boat_Dock_Replacement.docx

INFORMATION AND INSTRUCTIONS FOR THIS SOLICITATION

1. Intent of Solicitation: The purpose of this solicitation is obtain Construction: Fabricate and install three (3) prefabricated floating dock systems, including assembly, deck, gangway, support members, flotation floats, anchorage, cleats, connections and gangway assembly and other manufactured accessories needed or as shown on the drawings accompanying, manufacturer’s requirements, or specified in this section for a complete assembled floating dock system as described herein.

Questions on the solicitation or statement of work should be directed in writing to the Contract Officer. Answers to questions will be provided to all offerors via amendment to the solicitation.

Questions in writing may be sent to Contracting Officer: michelle.l.bahr@usda.gov.

2. Type of Contract to be Awarded: will be Firm Fixed-Price (FFP) Construction contract for a performance period to be determined. Magnitude of Construction Projects: Between $25,000 and $100,000.

3. NAICS (North American Industry Classification System) Code: 238990; Total Small Business Set-Aside with size standard of $15.0 Million.

4. Site Visit: No site visit scheduled at this time

Questions in writing may be sent to Contracting Officer: michelle.l.bahr@usda.gov.

5. Period of Performance: The Government anticipates awarding a Firm Fixed-Price contract for a performance period to be determined. The Government expects the project to begin in September.

6. Basis for Award: Award will be made utilizing Evaluation Factors under format for Lowest Price Technically Acceptable (LPTA) process. Under the LPTA process, there are two phases: Technical Acceptability and Price. Under the first phase, each submitted offer must pass the Technical Acceptability process in order to remain in the competitive range for price evaluation phase. The second evaluation phase for the Lowest Price, will determine the offer eligible for award. Price reasonableness will be determined by using competitive solicitation process.

The following factors will be used:

Technical Capability – Submit with your offer, in writing, your firm’s approach to installing of floating boat dock and accessories that meets or exceeds the standards or requirements perform the work in this solicitation. Use clear, concise, and sufficient language in describing your Technical approach to satisfy the Contracting Officer that your offer should remain in the competitive range. General or vague statements that do not address the specifics of this solicitation, may cause your offer to fail the test of Technical Acceptability. If an offer fails the Technical Acceptability, it will be removed from the competitive range and not eligible for consideration for award.

Prices – Submit the Return Package as part of your offer with proper pricing presented in Part I - The Schedule. Prices include all the work of PWS and any general and administrative costs associated with performance.

REQUEST FOR QUOTATION

PAGE OF PAGES

AND/OR DMS REG. 1

Michelle Bahr Email: michelle.l.bahr@usda.gov

30 S Chiricahua Drive

SEPTEMBER 10, 2019

4:00 PM (LOCAL TIME)

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)

12. DISCOUNT FOR PROMPT PAYMENT

c. COUNTY

AREA CODE

NSN 7540-01-152-8084

Previous edition not usable

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

PART I—THE SCHEDULE

BLACK KETTLE REPLACEMENT FISHING/BOATING DOCKS

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

BASE LINE ITEMS:

Quantity

Base Line Items Total Price

* Price or total cost shall include all Federal, State, Local taxes, permits, licenses, fees that may be necessary for this project.

CERTIFICATION OF OFFER AND SUBMISSIONS FOR THIS REQUEST FOR PROPOSALS:

VENDOR COMPANY NAME:____________________________________ DUNS#____________________

AUTHORIZED TO SIGN (NAME & TITLE):__________________________________________________________

SIGNATURE:____________________________________________________ DATE:_____________________

BUSINESS EMAIL: _____________________________________________

· Completed offers may be scanned into electronic document and emailed to: mbahr@fs.fed.us

PART I – SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

CONSTRUCTION: BLACK KETTLE REPLACEMENT FISHING/BOATING DOCKS

C1 – GENERAL DESCRIPTION OF WORK- Contractor shall fabricate and install three (3) prefabricated floating dock systems, including assembly, deck, gangway, support members, flotation floats, anchorage, cleats, connections and gangway assembly and other manufactured accessories needed or as shown on the drawings accompanying, manufacturer’s requirements, or specified in this section for a complete assembled floating dock system.

All work shall be in accordance with the plans and specifications contained herein. No changes to the specifications, terms, or conditions of this Request For Quotations (RFQ) shall be made without the prior approval of the Contracting Officer in writing.

C2 - LOCATION OF PROJECT

· Skipout lake is located 11.5 miles west of Cheyenne, OK on Hwy 47 and ½ mile north on county Rd NS 1750

· Black Kettle recreation area is located 9 miles north of Cheyenne, OK on Hwy 283

Technical Point of Contact:

Justin Hebert 580-497-2143 E-mail: justin.hebert@usda.gov

CONTRACT DEFINITIONS

· Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the CO acting within the limits of that person's authority.

· Contracting Officer's Representative (COR) - The on-site contract administrator for the CO. The duties and responsibilities of the COR are defined in a letter of designation issued by the CO.

· Inspector- The on-site contract inspector for the COR. The duties, limitations, and responsibilities of the Inspector are defined in a letter by the COR.

· Calendar Days - Every day of the contract time shown on the calendar, including Saturdays, Sundays and holidays.

· Contract Item - A pay item designated on the bid schedule and described by the Specifications section that is in this contract.

· General Provisions - Those provisions of an administrative nature applicable to the contract.

· Labor Standards Provisions - Those statutory and regulatory requirements in this contract that apple to the contractor's employees.

· Specifications - The section of the contract describing in detail the general and technical requirements of how the materials and products should be furnished.

SECTION D – PACKAGING AND MARKING

TECHNICAL SPECIFICATIONS

Black Kettle Replacement Fishing/Boating Docks

PART 1 -GENERAL

1.1 SUMMARY

This section applies to the fabrication and installation of three (3) prefabricated floating dock systems, including assembly, deck, gangway, support members, flotation floats, anchorage, cleats, connections and gangway assembly and other manufactured accessories needed or as shown on the drawing accompanying, manufacturer’s requirements, or specified in this section for a complete assembled floating dock system.

1.2 Schedule of Items

A. Item 001 Skipout Fishing Dock and Item 002 Black Kettle Fishing Dock - Two Fishing Docks:

The two (2) fishing docks will be fabricated to be identical and have a 4 feet x 30 feet composite walkway/gangway (or comparable) with a 12 feet x 16 feet (or comparable) platform and include galvanized steel handrails. The platform should extend perpendicular to the gangway in a “tee” shape. The locations will be one (1) at Black Kettle Recreation Area and one (1) at Skipout Lake, located near Cheyenne, OK. (See attachment #1 & #2)

1. Supply and install a 12 feet x 16 feet composite deck with galvanized steel guard rails and 4 feet x 30 feet walkway/gangway with galvanized steel handrails as shown on drawings. (see attachment#3)

2. Guardrail shall be not less than 42 inches high on the gangway on either side with a 34 inch handrail. The dock guardrail shall be 34 inches high on the platform and shall be incompliance with Architectural Barriers Act (ABA) and the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG).

3. Construction shall consist of galvanized steel framing and composite decking on the dock and gangway and decking shall be of an earth tone color.

B. Item 003 - One Boat Dock:

The boat dock shall have a 4 feet x 30 feet walkway/gangway with handrails (or comparable) and an 8 feet x 20 feet (or comparable) platform without handrails. The platform should extend out adjacent to the gangway so that the long side extends out from the gangway. The location will be Black Kettle Recreation Area near Cheyenne, OK. (See attachment #1)

1) Supply and install an 8 feet x 20 feet (or comparable) composite deck without handrails and with wheel chair stop bumpers on the dock. Supply and install a 4 feet x 30 gangway (or comparable) with galvanized steel handrails as shown on drawings. (See attachment #4)

2) Guardrail shall be not less than 42 inches high on the gangway on either side and shall include a 34 inches handrail. There shall not be guardrails on the platform but must include ABA compliant curbing around entire platform and follow Architectural Barriers Act (ABA) and the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG).

3) Construction shall consist of galvanized steel framing and composite decking on the dock and gangway and decking shall be of an earth tone color.

4) Boat bumpers and cleats on 3 sides to be placed on the 3 sides not secured to walkway/gangway.

1.3 DESIGN STANDARDS

Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) and Architectural Barriers Act (ABA).

C. Design drawings and plans are to be submitted by vendor with bid package for inspection by CO.

1.5 WARRANTY

A. Provide 5 year written warranty on material and workmanship.

1.6 SUBMITTALS

1.7 MATERIAL AND FABRICATION MINIMUM REQUIREMENTS

A. All framing, handrails, and hardware shall be fabricated using galvanized steel.

B. Decking shall be composite plastic material.

C. Drawings or plans of vendor’s

PART 3 - PRODUCTS

3.1 Delivery

A. Vendor shall deliver all docks onsite to locations identified in attachments #1 and #2.

3.2 INSTALLATION

End of Specification

SECTION E - INSPECTION AND ACCEPTANCE

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 re-inspection 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.

(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 replaces 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. (End of clause)

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, manufacturers, 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 nor for the repair of any damage that results 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.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

FAR 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 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.

AGAR 452.236-75 MAXIMUM WORK WEEK – 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:

1. A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

1. 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 shall be Monday through Friday, 0800 – 1600. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

SECTION G - CONTRACT ADMINISTRATION DATA

Government Furnished Items: (None).

Pre-work meeting will be scheduled before work can begin.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

APPENDIX A

PART II – 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://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision) 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 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 the environmental point of contact identified in paragraph (d) of this clause, 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;

(2) Submit this report no later than—

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

(ii) At the end of contract performance; and

(3) Contact the environmental point of contact to obtain the preferred submittal format, if that format is not specified in this contract.

(d) The environmental point of contact for this contract is: Phone 928-333-4301.

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

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

“Component” means an article, material, or supply incorporated directly into a construction material.

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

“Cost of components” means--

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 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: ______ [Contracting Officer to list applicable excepted materials or indicate “none”]

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

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

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

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

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

Foreign and Domestic Construction Materials Price Comparison

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

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

52.228-13 -- ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

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

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

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

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

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

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

(End of Clause)

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause) AGAR 452.228-70 Alternative Forms of Security (NOV 1996)

If furnished as security, money orders, drafts, cashier's checks, or certified checks shall be drawn payable to: USDA Forest Service.

Order of Precedence--Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

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

SECTION J--LIST OF ATTACHMENTS

EXHIBIT 1 DEPARTMENT OF LABOR WAGE DETERMINATION NUMBER Davis-Bacon Act WD # OK20190052 last updated January 18, 2019

EXHIBIT 2 USDA BIOPREFERRED PROGRAM

EXHIBIT 3 MAPS AND DIAGRAMS

EXHIBIT 4 BLACK KETTLE NATIONAL GRASSLAND FIRE PLAN

EXHIBIT 1 DEPARTMENT OF LABOR WAGE DETERMINATION NUMBER

Davis-Bacon Act WD # OK20190052 last updated January 18, 2019

General Decision Number: OK20190052 01/18/2019 Superseded General Decision Number: OK20180052

State: Oklahoma

Construction Type: Building

Building Construction -does not include residential construction consisting of single family homes and apartments up to and including 4 stories. (Including building projects on industrial sites and treatment plants)

County: Rogers County in Oklahoma.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019 1 01/18/2019

BROK0005-004 06/01/2016

Rates Fringes

BRICKLAYER.......................$ 23.34 9.01

ELEC0584-006 05/28/2018

Rates Fringes

ELECTRICIAN (Excludes Low Voltage Wiring and Installation of Alarms and Sound and Communication Systems).........................$ 30.43 7%+9.70

ELEC0584-019 05/28/2018

Rates Fringes

ELECTRICIAN (Low Voltage Wiring Only).....................$ 30.43 7%+9.70

* ELEV0083-003 01/01/2019

Rates Fringes

ELEVATOR MECHANIC................$ 40.69 33.705+a+b

PAID HOLIDAYS:

a. New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day.

b. Employer contributes 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; 6% for less than 5 years' service.

ENGI0627-020 06/01/2018

Rates Fringes

POWER EQUIPMENT OPERATOR:

Group 1.....................$ 29.70 13.58 Group 2.....................$ 28.00 13.58 Group 3.....................$ 27.45 13.58 Group 4.....................$ 26.65 13.58 Group 8.....................$ 22.90 13.58 Group10.....................$ 21.70 13.58

POWER EQUIPMENT OPERATOR

GROUP 1: All Crane Type Equipment 200 ton and larger and including 400 ton capacity cranes. All Tower Cranes.

GROUP 2: All Crane Type Equipment 100 ton capacity and larger cranes, and less than 200 ton capacity.

GROUP 3: All Crane Type Equipment 50 ton capacity and larger cranes, and less than 100 ton capacity. Crane Equipment (as rated by mfg.) 3 cu. yd. and over Guy derrick Whirley Power Driven Hole Digger (with 30' and longer mast).

GROUP 4: CRANES…