1294TZ18R0002_4.13.18.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT 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)

5. REQUISITION/PURCHASE REQUEST NO.

DAVID WATSON 602.225.5350

1x 04/13/2018

1294TZ18R0002

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

PROJECT TITLE/LOCATION: Construct Payson Ranger Station,1009 E. Highway 260 Payson

AZ 85541

NAICS: 236220 SIZESTANDARD: $36.5M TOTAL SMALL BUSINESS SET ASIDE

The Payson Ranger Station is a 13,000 square foot single story office building constructed with structural insulated panel system (SIPS) walls and wood roof framing (I-joists) on a polished concrete slab-on-grade and with a standing seam metal roof. The building foundation will be conventional cast-in-place concrete footings. Work includes mechanical, electrical, plumbing and fire sprinkler systems, architectural finishes, sitework, water, sewer, power and communications wet and dry utility extensions, IT low voltage cabling, asphaltic concrete parking lots and minor roadways and landscaping. The new Ranger Station will be constructed adjacent to an existing Ranger Station and Fire facilities and it is anticipated that significant coordination will be needed in order to minimize impacts to ongoing operations and to the public The new building will be located at 1009 E. Highway 260

Payson, AZ which is approximately 1.0 miles east of SR87. The anticipated contract duration is 330 calendar days. The project is to be constructed in accordance with the Payson District Ranger Station plans and Payson District Ranger Station specifications.

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.)

10 330 calendar days and complete it within ________________ ________________ calendar days after receiving

05/23/2018

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

JANET C. SCAGGS

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 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1294TZ18R0002

Construct Payson Ranger Station

Delivery: 330 Days After Notice to Proceed

Delivery Location Code: 8180

TONTO NATIONAL FOREST

2324 E MCDOWELL ROAD

PHOENIX AZ 85006 US

FOB: Destination

001 Construct Payson Ranger Station

The contractor shall a new ranger station. Work includes mechanical, electrical, plumbing and fire sprinkler systems, architectural finishes, sitework, water, sewer, power and communications wet and dry utility extensions, IT low voltage cabling, asphaltic concrete parking lots and minor roadways and landscaping.

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

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

1.0 CONTRACT ADMINISTRATION DATA

2.0 SCHEDULE OF ITEMS

3.0 INTRODUCTION

4.0 BACKGROUND

5.0 ATTACHMENTS

6.0SUBMITTALS

7.0 INSPECTION AND ACCEPTANCE

8.0 PERIOD OF PERFORMANCE

9.0 PLACE OF PERFORMANCE

10.0 ORGANIZATIONAL CONFLICT OF INTEREST

11.0 KEY PERSONNEL

12.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

13.0 SCOPE OF WORK

14.0 CONTRACT CLAUSES AND SOLICITATION PROVISIONS

15.0 PROPOSAL INSTRUCTIONS

16.0 EVALUATION CRITERIA

Evaluation Method

Basis of Award

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

1.0 CONTRACT ADMINISTRATION DATA

1. Contract administration matters will be handled by:

a. CONTRACTOR:

DUNS Number _______________________Tax Identification Number

Contractor Authorized Representative

Point of Contact /Title

Telephone Number ________________________Fax Number

Email _____________________________________________________________

b. GOVERNMENT:

DAVID L. WATSON/JANET C. SCAGGS, Contracting Officer United States Forest Service; R3, Western Zone Contracting 2324 E. McDowell Road Phoenix, AZ 85006

(602) 225-5350/(602) 225-5342 Fax (602) 225-5204

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul 2013).

3. INVOICES: Invoices shall be submitted to the following address:

Invoice Processing Platform https://www.ipp.gov/ https://www.ipp.gov/ https://www.ipp.gov/

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

2.0 SCHEDULE OF ITEMS

BASE PERIOD

Line Item Description Unit Est Qty Unit Price Total Item Price 001 Construct Ranger Station

330 Calendar Days

LS LSQ 1

SUBTOTAL: $

OPTIONAL ITEMS 002-003

Line Item Description Unit Est Qty Unit Price Total Item Price 002 Optional Alternate 1- Exterior Training

Area

LS LSQ 1

003 Optional Alternate 2 - Temporary Vehicular Access to Mud Springs Road

LS LSQ 1

SUBTOTAL: $

Total Overall Price (All Line Items): $___________________

LS Lump Sum

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

3.0 INTRODUCTION

The Payson Ranger District office and compound of the Tonto National Forest is located on a Forest Service owned administrative site at 1009 East State Highway 260, on the eastern side of the town of Payson, Arizona.

The facilities at the current office site are insufficient for today's needs. The main office is too small and outdated for the current staffing and needs; the warehouse is too small and outdated and there are not adequate facilities for the needs of the fire organization.

Three modular office units are being utilized at the site for various staff units of the District and Forest. These facilities are outdated, spread out on the site and in need of replacement to meet current facility standards and to meet the future needs of the District.

4.0 BACKGROUND

The facilities located at the Payson site include the main office, a warehouse primarily occupied by the fire organization, a modular office building for the Law Enforcement Officers and Archaeologist, a modular office building for the fuels organization, a modular office building for the Payson Hotshot crew and a multi-use shop/garage/office/warehouse facility utilized by the Tonto National Forest Road Crew.

The site also contains approximately 23 portable storage buildings/sheds/containers, several wareyards and a number of parking areas for visitors, employees and government vehicles.

The Payson Ranger District facilities house approximately 50 permanent employees, 15 permanent seasonal employees and up to 60 seasonal employees. Due to the increases in the staffing of the district, primarily in the fire organization, and the age, size, condition and configuration of the facilities on the site, the current facilities are substandard and substantially inadequate for today's needs.

5.0 ATTACHMENTS

The following attachments provide additional background information pertinent to the construction of the Payson Ranger Station.

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

Attachment Title

Attachments will be provided thru Federal Business Opportunities, electronically.

A 2018-04-09 Ranger Station Plans.pdf

B 2018-04-09 Ranger Station Topography.pdf

C 2018-04-18 Ranger Station Specifications.pdf

D 2017-10-21 APS Trans Pad.pdf

E 2017-10-26 APS Plan.pdf

F Wage Determination

G Questions Template

H Past Performance Questionnaire

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

6.0 SUBMITTALS

General

Submittals are outlined in the following listed attachments and these are incorporated into the solicitation/contract by reference. Submittals are not separately priced.

7.0 INSPECTION AND ACCEPTANCE

The Government will perform Inspection and Quality Assurance in accordance with the contract Quality Assurance Surveillance Plan (QASP). The Government has the right to perform periodic surveillance of the Contractor to ensure that the Contractor’s work products and Quality Control processes are in compliance with the contract requirements. The Government and the Contractor will coordinate Government surveillance in a manner that will not unduly delay or disrupt the Contractor’s performance of the Contract.

8.0 PERIOD OF PERFORMANCE

The performance of this contract shall extend 330 calendar days from notice to proceed. The Government may extend the term of this contract by written notice to the Contractor, in accordance with the terms and conditions in the contract.

9.0 PLACE OF PERFORMANCE

The Contractor shall perform construction in Payson AZ, Payson Ranger Station.

Recognized Federal Holidays

The contractor must maintain an adequate workforce necessary to maintain the uninterrupted performance of the construction of the Payson Ranger Station and practice systems 24/7/365 which includes Holidays. All meetings with the Government falling on a Federal Holiday will be cancelled unless explicitly rescheduled by the COR. Federal Holidays are in accordance with 5 US Code 6103.

10.0 ORGANIZATIONAL CONFLICT OF INTEREST

The offeror’s attention is directed to FAR Subpart 9.5, Organizational Conflicts of Interest.

Any potential conflict of interest issues will be considered prior to award of the work to be performed. Additionally, Conflict of Interest should be monitored throughout contract performance and any potential conflicts shall be brought to the attention of the Contracting Officer immediately upon discovery.

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

11.0 KEY PERSONNEL

The Contractor must employ and maintain personnel in the management and key staff positions who meet the minimum requirements for each of the skill levels to which they are assigned, and shall be capable of performing the functions described in a competent and professional manner.

During the first ninety (90) (*60 for Transition Key Personnel) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. In such event, the Contractor must promptly provide the information required below to the CO and COR for approval prior to any substitution or addition of Key Personnel. Proposed substituted Key Personnel must have qualifications that meet, or exceed the qualifications of the persons replaced, and be an approved replacement by the Government. Whenever possible, fully compliant requests for substitutions or additions must be submitted, in writing to the CO and COR for approval at least fifteen business days in advance of the proposed change. The CO will notify the Contractor within fifteen business days after receipt of all required information of the decision on substitutions or additions. All disapprovals will require re-submission of another substitution or addition within fifteen days by the Contractor.

Request for Key Personnel changes must provide a detailed explanation of the circumstances necessitating the proposed substitutions or additions, a complete resume for the person to be substituted or added, and any other information requested by the COR.

Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of the contract for which the Government may seek any and all appropriate remedies, to include termination for default.

12.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Forest Service COR: To be named at time of award.

A copy of the COR delegation letter shall be provided to the Contractor after award.

The COR is responsible for the technical direction of the contract work. In no event, however, will any understanding, agreements, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual document executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which may affect the price, required delivery or completion times stated in the contract, so that identified desired changes and outside influences on the contract may be modified as necessary. Whenever, in the opinion of the Contractor, the COR requests efforts outside the scope of the contract, the Contractor shall advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferable in writing if time permits.

Proceeding with work without proper contractual coverage could result in non-payment.

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

13.0 SCOPE OF WORK

The Payson Ranger Station is a 13,000 square foot single story office building constructed with structural insulated panel system (SIPS) walls and wood roof framing (I-joists) on a polished concrete slab-on-grade and with a standing seam metal roof. The building foundation will be conventional cast-in-place concrete footings. Work includes mechanical, electrical, plumbing and fire sprinkler systems, architectural finishes, sitework, water, sewer, power and communications wet and dry utility extensions, IT low voltage cabling, asphaltic concrete parking lots and minor roadways and landscaping.

The new Ranger Station will be constructed adjacent to an existing Ranger Station and Fire facilities and it is anticipated that significant coordination will be needed in order to minimize impacts to ongoing operations and to the public The new building will be located at 1009 E.

Highway 260 Payson, AZ which is approximately 1.0 miles east of SR87. The anticipated contract duration is 330 calendar days. The project is to be constructed in accordance with the Payson District Ranger Station plans and Payson District Ranger Station specifications.

Contractor must be appropriately licensed with the Arizona Registrar of Contractors (B- 1 General Commercial Contracting or KB-1 General Dual License Contracting)

The full Scope of Work is outlined in the following listed attachments and these are incorporated into the solicitation/contract by reference.

1. 2018-04-09 Ranger Station Plans.pdf

2. 2018-04-09 Ranger Station Specs.pdf

3. 2018-04-09 Ranger Station Topography.pdf

4. 2017-10-26 APS Plan.pdf

14.0 CONTRACT CLAUSES AND SOLICITATION PROVISIONS

CONTRACT CLAUSES

The following clauses apply to this procurement:

52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(JUN 2010)

52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-2 Security Requirements. (AUG 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-6 Unique Entity Identifier. (OCT 2016) 52.204-7 System for Award Management. (OCT 2016) 52.204-13 System for Award Management Maintenance. (OCT 2016)

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) 52.211-13 Time Extensions. (SEP 2000) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999) 52.214-18 Preparation of Bids - Construction. (APR 1984) 52.214-34 Submission of Offers in the English Language. (APR 1991) 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) 52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2017) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011) 52.219-8 Utilization of Small Business Concerns. (NOV 2016) 52.219-9 Small Business Subcontracting Plan. (JAN 2017) 52.219-14 Limitations on Subcontracting. (JAN 2017) 52.219-16 Liquidated Damages - Subcontracting Plan. (JAN 1999) 52.219-28 Post-Award Small Business Program Representation. (JUL 2013) 52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014) 52.222-6 Construction Wage Rate Requirements. (MAY 2014) 52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (MAY 2014) 52.222-9 Apprentices and Trainees. (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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-50 Combating Trafficking in Persons. (MAR 2015) 52.222-54 Employment Eligibility Verification. (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658. (DEC 2015) 52.223-1 Biobased Product Certification. (MAY 2012) 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) 52.223-4 Recovered Material Certification. (MAY 2008) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) -- Alternate I (MAY 2011) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

(JUN 2016)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016) 52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.(MAY 2008) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011) 52.223-19 Compliance with Environmental Management Systems. (MAY 2011) 52.223-20 Aerosols. (JUN 2016) 52.223-21 Foams. (JUN 2016) 52.224-1 Privacy Act Notification. (APR 1984) 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (OCT 2015) 52.227-1 Authorization and Consent. (DEC 2007) 52.227-1 Authorization and Consent. (DEC 2007) -- Alternate I (APR 1984) 52.227-1 Authorization and Consent. (DEC 2007) -- Alternate II (APR 1984) 52.228-2 Additional Bond Security. (OCT 1997) 52.228-3 Workers' Compensation Insurance (Defense Base Act). (JUL 2014) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) 52.228-14 Irrevocable Letter of Credit. (NOV 2014) 52.228-15 Performance and Payment Bonds - Construction. (OCT 2010) 52.229-3 Federal, State, and Local Taxes. (FEB 2013) 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (FEB 2013) 52.232-14 Notice of Availability of Progress Payments Exclusively for Small Business Concerns.(APR 1984) 52.232-17 Interest. (MAY 2014) 52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.233-1 Disputes. (MAY 2014) 52.233-3 Protest After Award. (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-6 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)

52.236-10 Operations and Storage Areas. (APR 1984) 52.236-11 Use and Possession Prior to Completion. (APR 1984) 52.236-12 Cleaning Up. (APR 1984) 52.236-13 Accident Prevention. (NOV 1991) 52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-16 Quantity Surveys. (APR 1984) 52.236-17 Layout of Work. (APR 1984) 52.236-21 Specifications and Drawings for Construction. (FEB 1997) 52.236-28 Preparation of Proposals - Construction. (OCT 1997) 52.242-13 Bankruptcy. (JUL 1995) 52.243-4 Changes. (JUN 2007) 52.243-5 Changes and Changed Conditions. (APR 1984) 52.244-6 Subcontracts for Commercial Items. (NOV 2017) 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I

(SEP 1996)

52.204-1 Approval of Contract. (DEC 1989) This contract is subject to the written approval of Forest Service Region 3 Western Zone Contracting Officer and shall not be binding until so approved.

(End of clause)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2016)

(a) Definitions. As used in this clause:

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17

CFR

229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.

109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information.

(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if-

(i) In the Contractor's preceding fiscal year, the Contractor received-

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

(2) First-tier subcontract information. Unless otherwise directed by the contracting

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code

(NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a firsttier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if-

(i) In the subcontractor's preceding fiscal year, the subcontractor received-

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under

$300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

(End of clause)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause-

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

(i) A commercial item (as defined in paragraph (1) of the definition in 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.

(b) The Government suspends or debars Contractors to protect the Government's interests.

Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-

(1) Exceeds $35,000 in value; and

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate

I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within to be determined (TBD) in contract award calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than [* TBD.]. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by [TBD]. 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.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 Liquidated Damages - Construction. (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

422.302 Liquidated damages and overtime pay.

Heads of contracting activities (HCA's) are authorized to review determinations of liquidated damages due under section 104(c) of the Contract Work Hours and Safety Standards Act, and to take remedial action, if appropriate, in accordance with FAR 22.302(c). Contractors or subcontractors may request review of administrative determinations of liquidated damages by written notice to the contracting officer. The contracting officer shall promptly forward appeals of liquidated damages determinations to the HCA.

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.236-26 Preconstruction Conference. (FEB 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

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/vmfara.htm

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause) `

452.219-70 Size Standard and NAICS Code Information. (SEP 2001) The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): All

- NAICS Code 236220

- Size Standard $36.5M

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (Deviation 2012-01) Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 http://farsite.hill.af.mil/vmfara.htm

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately notify in writing, the CO, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the CO. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

SOLICITATION PROVISIONS

52.209-5 Certification Regarding Responsibility Matters. (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision;

and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed.

A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification

Solicitation No. 12-94TZ-18-R-0002 U.S. Forest Service Payson Ranger Station R3 Western Zone Contracting will be considered in connection with a determination of the…