12850818R0004.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

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

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

905928

USDA FOREST SERVICE

ROCKY MOUNTAIN REGIONAL OFFICE

1617 COLE BLVD

LAKEWOOD CO 80401

82X9

USDA FOREST SERVICE -AQM

1617 Cole Blvd

LAKEWOOD CO 80401

STAR YEO (303)275-5311

1x 05/10/2018

12850818R0004

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Medicine Bow Routt National Forest a requirement to remove and replace approximately 515 linear feet of guardrail located 40 miles west of Laramie, Wyoming on National Forest System Road 500. The guardrail is being replaced along the north side of the embankment that crosses finger of Rob Roy Resevoir. See Attached Map.

The Contractor shall provide all materials, equipment and labor to complete this requirement.

NAICS: 237310

Contract Magnitude: Between $25,000 and $100,000

WOMAN OWNED SMALL BUSINESS SET ASIDE

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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

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

d. Offers providing less than

12b. CALENDAR DAYSYES NO

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

10 60 calendar days and complete it within ________________ ________________ calendar days after receiving

C.4 Period of Performance

06/22/2018

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

2PAGE OF

MEDICINE BOW NATIONAL FOREST

2468 JACKSON ST

LARAMIE WY 82070

STAR M. YEO

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

12850818R0004

The Medicine Bow Routt National Forest a requirement to remove and replace approximately

515 linear feet of guardrail located 40 miles west of Laramie, Wyoming on National Forest

System Road 500. The guardrail is being replaced along the north side of the embankment that crosses finger of Rob Roy Resevoir. See Attached

Map.

The Contractor shall provide all materials, equipment and labor to complete this requirement.

NAICS: 237310

Contract Magnitude: Between $25,000 and $100,000

WOMAN OWNED SMALL BUSINESS SET ASIDE

Delivery: 06/01/2018

Delivery Location Code: 8508

MEDICINE BOW NATIONAL FOREST

2468 JACKSON ST

LARAMIE WY 82070 US

FOB: Destination

Period of Performance: 07/09/2018 to 09/10/2018

001 Keystone Fire Guardrail Replacement

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

12850818R0004

SECTION B – SCHEDULE OF ITEMS

Price should be the total cost to the Government, including; salary, travel, per diem, equipment, supplies, reporting, computer use, publishing, photographs, telephone, fax, office services, andall other related expenses.

NOTE: The project Schedule of Items includes several Base Items and Option items. Base Items are essential to the contract, whereas Option items may be selected in lieu of any or all of the Base Items if determined beneficial to the government. Provide pricing for all items listed in the Schedule of Items.

For example, the contract award could be for Pay Items #15101-0000, #61701-1850, #61702-0600, #61701-4300, #20302-1200, OR Pay Items #15101-0000, #161701-1800, #61702-0600, #61701-4300, #20302-1200, #5 …etc.

The Option Items give the government the opportunity to select various material options but at least 5 items will be awarded to construct the project described in Section C.1.

B.1 Schedule of Items Table Pay Item No. Description Method of

Measure Estimated Quantity

Units Unit Price Total

Base Item 15101-0000 Mobilization LSQ 1 Each $ $ 61701-1850 Guardrail System G4, Type 4, Class A Wood Posts

AQ 440 Linear Feet $ $

61701-0600 Terminal Section, Type 4 Flared Parabolic

LSQ 2 Each $ $

61701-4300 Guardrail System CRG, Type 4, Class A

AQ 45 Linear Feet $ $

20302-122 Removal of Guardrail AQ 515 Linear Feet $ $

Base Total $ Option Items 61701-1800 Guardrail System G4, Type 4, Class A Steel Posts

AQ 440 Linear Feet $ $

61701-1250 Guardrail System G4, Type 2, Class A

Wood Posts

AQ 440 Linear Feet $ $

61701-1200 Guardrail System G4, Type 2, Class A Steel

Posts

AQ 440 Linear Feet $ $

61701-0601 Terminal Section, Type 2 Flared

Parabolic

LSQ 2 Each $ $

61701-4100 Guardrail System CRG, Type 2, Class

A

AQ 45 Linear Feet $ $

Option Total $

GRAND TOTAL $

1. Mobilization will be negotiated and paid for on this contract.

2. Mobilization shall be paid one time per job. Mobilization will not be paid for the return trip to the base of operations, or for re-mobilization to the same project (e.g. equipment taken back to the base of operations for the weekend), unless agreed in advance by the Contracting Officer.

3. Mobilization covers the movement of personnel, equipment, supplies, and incidentals to the project area.

4. PAYMENT WILL BE MADE ON ACTUAL WORK PERFORMED.

5. REQUIREMENTS: OFFERORS MUST BE REGISTERED WITH THE SYSTEM FOR AWARD

MANAGEMENT (SAM) IN ACCORDANCE TO FAR 52.204-7. (www.sam.gov)

Company Name Mailing Address Base of Operations (If Different from Mailing ddress):__________________________________ City, State, Zip Telephone # E-Mail Address DUNS Number

END OF SECTION B

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This project consists of the removal, disposal, and replacement of approximately 515 linear feet of damaged guardrail and posts with new G4 W-Beam Guardrail and posts. This project is located approximately 40 miles west of Laramie, Wyoming on National Forest System Road 500. The guardrail system is only being replaced on the north side of the embankment that crosses the northeast finger of Rob Roy Reservoir.

All work shall adhere to industry standards, attached specifications, and manufacturer installation recommendations.

The project shall include all labor, materials, mobilization, equipment, and incidentals necessary to perform the work. This project will be completed under a single construction contract and shall be performed in accordance with all applicable OSHA and U.S. Forest Service safety regulations. The contractor shall be responsible for obtaining all Local, State and Federal permits, as necessary.

The roadway will be open to traffic during construction. Therefore, the Contractor shall take the necessary safety measures to protect employees and the public during construction.

Detailed site plans were not feasible for this project. In lieu of detailed site plans, the site will be staked by the contractor in accordance with the standard guardrail plans and accepted by the contracting officer prior to construction beginning. Final quantities will be measured upon completion of the project and payment will be adjusted according to the bid items listed in the schedule of items.

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

(End of Clause)

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

(End of Clause)

C.2 Project Location & Description The project is located on Medicine Bow – Routt National Forest and Thunder Basin National Grassland on the Laramie Ranger District near Albany, Wyoming. Please see attached project area map.

Latitude: 41.219014, Longitude: -106.237437

C.3 Maps Maps showing the vicinity and project location are included.

C.4 Estimated Start Date & Contract Time

Estimated Start Date: July 9, 2018. Contract Period of Performance will be for 30 days.

C.4.1 AGAR 452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from July 9, 2018 through August 9, 2018

(End of Clause)

C.5 Restrictions on Work Work will be restricted to daylight hours Monday through Friday and no work may be conducted on Federal Holidays.

C.6 Technical Requirements

C.6-1 Definitions None

C.6-2 Specifications This project requires the use of the “Standard Specifications for the Construction of Roads and Bridges on Federal Highway Projects” (FP-14) and the attached Forest Service Supplemental Specifications (FSSS).

C.6-3 Contractor-Furnished Equipment N/A

C.6-4 Government-Furnished Property N/A

C.6-5 Submittals

Provide electronic submittals to the contracting officer for approval at least 30 days in advance of construction of the following:

1. Traffic Control Plan – See FSSS Section 156

2. Manufacturer’s Drawings for Terminal Sections

3. Manufacturer’s Drawings for G4 W-Beam Section

4. Guardrail Posts

C.7 BIOBASED PRODUCTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative

(COR).

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

Hydraulic fluid, Equipment Lubricants, Hydraulic Fluids, Fuel Additives, Engine Oils, Office Products (Ink, paper, cleaning products).

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

http://www.biopreferred.gov/

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

http://www.biopreferred.gov

END OF SECTION C

http://www.biopreferred.gov/

SECTION D – PACKAGING AND MARKING

There are no additional provisions or clauses in this section.

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E. 1 FAR 52.246-1 Contractor Inspection Requirements. (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

E.2 FAR 52.246-12 Inspection of Construction. (APR 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

(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)

E.3 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.

(End of clause)

E.4 FAR 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 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)

E.5 AGAR 452.246-70 Inspection and Acceptance. (FEB 1988)

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

b) Inspection and acceptance will be performed at: the project site.

Addendum to 452.246-70 – Formal acceptance or rejection of all work willbe accomplishedbytheContract Officer or Contracting Officer Representative upon completion of this project on a certified USDA Forest Service Form FS-6300-15 Certification of Final Inspection. After final payment has been received by the Contractor,theContractorwillcertifybysigningtheUSDASForestService Form FS-6300-16 Contract Release, and provide the original to the Contracting Officer.

E.6 Contractor Quality Control Inspection System The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

E.6.1 Quality Control Plan. The Contractor shall provide a general Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the QCP within 7 days before start work based on items awarded to the Contractor and Government comments. The contractor shall conduct quality control inspections on all aspects of work. The field inspections shall be performed on each sub-item listed in each task order.

The general Quality Control Plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. The Plan shall describe how quality will be monitored to assure the performance standards are met, the supervision of crew and work, and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, residiual tree protection and other associated tasks, suchs as sample plots of thinning and subitems.

E.6.2 Contractor Quality Control Inspection At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

END OF SECTION E

SECTION F –DELIVERIES AND PERFORMANCE

F.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work. (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

F.2. FAR Clause 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 Contractor receives the Notice to Proceed (FS-6300-8), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than August 9, 2018. The time stated for completion shall include final cleanup of the premises.

(End of Clause) Alternate I (Apr 1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 9, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

NOTE concerning FAR Clause 52.211-10:

(1) It is the Contractor’s due diligence to ensure this clause is in the contract when reviewing the Request for Quotation (RFQ) or Proposal (RFP) or Invitation for Bid (IFB), to ensure that a set start time and completion time are established in the contract.

(2) Should the clause not be written in the contract, then this note becomes effective and the Contractor shall commence work within 10 calendar days after the notice to proceed is issued, which shall not occur until the Government accepts in writing the bonds if they are required, and complete it by the delivery date listed on the SF 33, the form used for the contract.

(3) This note is not applicable to contracts that have FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) in them.

*The Government recognizes that seasonal climatic conditions may occur that restrict or prohibit normal construction activities. The anticipated length of the seasonal delay for this project is 30 days. This number of days has been included in calculating the stated period of performance. Therefore, the contract period of performance will not be extended due to normal seasonal weather delays.

END OF SECTION F

http://farsite.hill.af.mil/ http://www.usda.gov/procurement/policy/agar.html

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICE

G.1.1 The Department of Agriculture (USDA) mandated the transition of all Integrated Acquisition System (IAS) payments to the US Treasury Invoice Processing Platform (IPP). This allows electronic routing and approval of IAS related invoices. The Forest Service's (FS) completed transition to the new process is scheduled for February 24, 2014.

It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.

The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information located on the IPP website. Please make sure that your company has registered with IPP to establish your account.

G.1.2. INVOICE FORMAT

The invoice format/template the contractor shall use in submitting invoices is to reflect the award document with the individual line items through the IPP platform. The contractor shall attached their companies version of the paper invoice to the IPP invoice.

G.1.3 INVOICE SHALL BE SUBMITTED TO

Contractor shall submit invoices to the IPP platform.

IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THIS CONTRACT.

G.2. PAYMENT:

(1) Contractor and government personnel will decide on the method of payment, whether it be partial payments, based on some measure, or as one deliverable at the end of the project.

(2) Payment for Materials Off Site In accordance with Clause 52.232-5, progress payments may include payment for materials stored off site.

Contractor shall provide a copy of the paid invoice; provide evidence that the material will be included in the finished project; and identify the location where the materials are stored, so that the government may make visual inspection if the Contracting Officer deems it necessary. The Contractor shall be liable for loss, damage, or destruction of the materials until such time as the materials are physically in the possession and control of the government. The Contractor will not be held liable to the extent that the Contracting Officer determines that the loss, damage, or destruction occurred through the fault or negligence of the government or its agents.

G.2.1 PAYMENT WILL BE MADE BY:

Payments are made by the US Department of Treasury through information from System for Award Management

(SAM).

G.3 FOREST SERVICE REPRSENTATIVES:

G.3.1 The Procuring Contracting Officer (PCO) is responsible for the administration of this contract and is solely authorized to take action on behalf of the Government. Unless specified otherwise within this contract, the PCO referred to as the Contracting Officer. The Contracting Officer for this contract is:

STAR M. YEO, CONTRACT SPECIALIST

PHONE: 303-275-5311

FAX: 303-275-5453

EMAIL: starmyeo@fs.fed.us US Department of Agriculture Forest Service, Rocky Mountain Region 740 Simms Street Golden, Colorado 80401

G.3.2 The Contracting Officer Representative is responsible for the on-site administration of this contract. The delegated authority and responsibilities will be defined on a delegation letter issued after contract award.

The Contracting Officer Representative for this contract is:

JACOB BROWN, FOREST ENGINEER

PHONE: 307-745-2436

EMAIL: jacobwbrown@fs.fed.us US Department of Agriculture https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/ mailto:starmyeo@fs.fed.us mailto:jacobwbrown@fs.fed.us

Medicine Bowe National Forest 2468 Jackson Street Laramie, WY 82070

G.4 AGAR 452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled by the Contracting Officer’s Representative with time and place.

(End of Clause)

G.5 CONTRACT ADMINISTRATION DATA

1. Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract award and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

END OF SECTION G

SECTION H – Special Contract Requirements

H.1 AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Project Manager and Project Foreman.

(b) During the first thirty (30) 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 30-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.2 FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

H.3 AGAR 452.228-71 Insurance Coverages (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)

H.4 MATERIAL CERTIFICATIONS, TESTING REPORTS & OTHER SUBMITTALS

The following certificates, test reports, samples and test data shall be submitted on this report. See AGAR section 452.236-76 for timely submittal and approval by Contracting Officer.

The following shall be submitted on this project:

Title Referenced by Specification No.

Time of Government Approval After Submittal

Project Work Schedule FAR 52.236-15 5 Days Notification of Proposed Contractor-Provided Material Sources 10 Days Contractor Quality Control Plan 5 Days Disposal Statement N/A

H. 5. PRE WORK CONFERENCE

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

H.6 SAFETY PLAN

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris.

The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

H.7 AGAR 452.236-77 Emergency Response. (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

(b) Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

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

H.8 Loss, Damage, or Destruction

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

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

H.9 Barricades, Warning Signs, and Other Devices The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public.

Roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness.

Suitable warning signs shall be provided to properly control and direct traffic.

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration and applicable safety codes.

Necessary warning signs and guards shall be posted during blasting operations to safeguard the public.

END OF SECTION H

PART II

SECTION I – CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Regulations URLs: http://farsite.hill.af.mil/ and the Agriculture Acquisition Regulation may be accessed at http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2016) 52.222-3 Convict Labor. (JUN 2003) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (JUL 2005) 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) 52.222-11 Subcontracts (Labor Standards). (MAY 2014) 52.222-12 Contract Termination - Debarment. (MAY 2014) 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011) 52.225-1 Buy American - Supplies. (MAY 2014) 52.225-3 Buy American - Free Trade Agreements - Israeli Trade Act. (MAY 2014) 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-25 Prompt Payment. (JAN 2017) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.233-3 Protest After Award. (AUG 1996) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) 52.236-5 Material and Workmanship. (APR 1984) 52.236-6 Superintendence by the Contractor. (APR 1984) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.236-8 Other Contracts. (APR 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-26 Preconstruction Conference. (FEB 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.237-3 Continuity of Services. (JAN 1991) 52.242-13 Bankruptcy. (JUL 1995) 52.243-1 Changes - Fixed-Price. (AUG 1987) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) http://www.usda.gov/procurement/policy/agar.html

52.244-5 Competition in Subcontracting. (DEC 1996) 52.244-6 Subcontracts for Commercial Items. (NOV 2017) 52.245-1 Government Property. (JAN 2017) 52.245-9 Use and Charges. (APR 2012) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction). (APR 1984) 52.249-14 Excusable Delays. (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

452.236-72 Use of Premises. (NOV 1996) 452.236-73 Archaeological or Historic Sites. (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988)

I.2 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.

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…