129JGP18R0031.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

129JGP18R0031

USDA FOREST SERVICE

R5 CENT-CAL ACQ SERV AREA CCASA

631 COYOTE STREET

NEVADA CITY CA 95959

PLUMAS NF OFF-CHANNEL WATER SOURCES PROJECT ON THE PLUMAS NATIONAL FOREST

THE GOVERNMENT'S ESTIMATE IS BETWEEN $250,000 AND $500,000

CONTRACTOR MUST BE REGISTERED IN:

SYSTEM FOR AWARD MANAGEMENT (SAM) WWW.SAM.GOV PRIOR TO AWARD.

**PLEASE PROVIDE THE FOLLOWING INFORMATION**

DUNS# ________________________

TIN# __________________________

PROPOSALS MAY BE SUBMITTED TO THE ADDRESS IN

BLOCK 7.

895915

9JGP

CRAIG ERICSON 530-478-6142

01 4603/12/2018

04/12/2018

SECTION F

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

9JGP

USDA FOREST SERVICE - CCASA

631 COYOTE STREET

NEVADA CITY CA 95959

CONTINUED...

CRAIG ERICSON

SOLICITATION NO. 129JGP18R0031

PLUMAS NF OFF-CHANNEL WATER SOURCES PROJECT

PLUMAS NATIONAL FOREST

SECTION B—SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

PROJECT Plumas NF Off-Channel Water Sources Project

UNIT Plumas National Forest

SOL. # 129JGP18R0031

ITEM NO. DESCRIPTION UNIT

Method

Of

Measure

EST

QTY

UNIT

PRICE

TOTAL

PRICE

010250 Construction Staking LS LSQ 1

011900 Mobilization LS LSQ 1

023705 Temporary Stream Diversion LS LSQ 1

133402

Utility Box – 48” Diameter Corrugated Metal Pipe Box, 14 gage, Including Air Release Valve & Plumbing

Appurtenances

EA AQ 2

221100-1 Pipeline, 4” HDPE, 160 psi with Heat Fusion Joints, Including Trench and Backfill

EA AQ 665

221100-2

Pipeline, 6” HDPE, 160 psi with Heat Fusion Joints, Overflow and Drain System, Earth Reservoirs, Including

Outlet Riprap

EA AQ 49

221100-3

Water Storage Tank Overflow and Drain Systems, Including 4” HDPE, 160 psi with Heat Fusion Joints;

Trench, Backfill, and Outlet Riprap

EA AQ 240

221102 Curb Valve and Boxes EA AQ 3

221200-1

Water Storage Tank, 7,000-gallons, Corrugated Metal

Pipe Underground Detention System, Including

Excavation and Backfill

LS LSQ 1

221200-2

Water Storage Tank, 10,000-gallons, Corrugated Metal

Pipe Underground Detention System, Including

Excavation and Backfill

LS LSQ 1

311000 Clearing and Grubbing LS LSQ 1

312005-1 Excavation, Water Reservoir, Earth CY CQ 138

312005-2 Embankment Construction, Water Reservoir, Earth CY CQ 80

312005-3 Collection Pool, Including Riprap Placement EA AQ 5

312005-4 Training Dike, Including Class 4 Riprap Placement EA AQ 1

312005-5 Interceptor Ditch, with Class 3 Riprap LF AQ 240

312005-6 Interceptor Ditch (No Riprap) LF AQ 58

321204 Crushed Aggregate Base, Government-Furnished or

Commercial Source

CY CQ 50

321206 Loose Rock Riprap, Class 6 CY CQ 80

322210 Roadway Barriers, Closed Roads EA AQ 6

REQUIRED ITEMS TOTAL

Optional Item

312005-7 Imported Clay, Including Placement and Compaction

(Est. 10 CY per Collection Pool)

CY CQ 50

OPTIONAL ITEMS TOTAL

NOTES:

1) Respondent must price each item to be considered for award.

2) Responses for quantities less than those listed may be rejected.

3) If award is made in excess of $30,000, bonds will be required. (See Section I.)

4) If response is greater than $150,000, include bid bond =20% of the total price.

5) Following are abbreviation definitions from FP-03, Section 109 that may appear in the "Unit" column of the Schedule of

Items; AC=Acre, CQ=Contract Quantity, CY= Cubic Yard, EA=Each, GAL=Gallon, HR=Hour, LB=Pound, LF=Linear Foot, LS=Lump Sum, MI=Mile, SY=Square Yard

6) Following are abbreviation definitions that may appear in the “Method of Measure” column of the Schedule of Items;

AQ=Actual Quantity, CQ=Contract Quantity, LSQ=Lump Sum Quantity

7) Option Item to be exercised if native material is determined to not the meet the specified requirements for the collection pool seal. See specifications for details.

PRICE SUBMITTED BY:

Signature Phone

Vendor Name

FAX

Address Email

B-2 NOTE:

(1) Payment for bond premiums in accordance with Clause 52.232-5, Payments under Fixed-Price

Construction Contracts, shall not be in addition to the contract price. Include bond payments under 011900 Mobilization.

(2) Payment will be made on actual work performed as described in FP-03 109.01 unless otherwise noted.

(3) A list of documents to be submitted as part of the offer may be found in Section L.

mailto:hh@deadend.com

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

Furnish all labor, equipment, and materials, to accomplish the Work under this contract. This project consists of constructing small reservoirs or installing underground tanks for off-channel water source developments. Additional work associated with this project includes water line installation, riprap placement, earthwork, and installation of valve box and plumbing appurtenances. All work for this project is within the Plumas National Forest.

The Contractor should refer to the Schedule of Items, Project Area Map, and referenced

Specifications when making estimates of quantities or work.

C.2 PROJECT LOCATION

State of California, County of Plumas, Plumas National Forest

The project locations are as follows:

1. East Branch Lights Creek: Township 27 North, Range 11 East, Section 10 Mount Diablo, B&M, Kettle Rock 7.5 minute USGS quadrangle.

2. Lowe Flats: Township 28 North, Range 12 East, Section 26 Mount Diablo, B&M, Janesville 7.5 minute USGS quadrangle.

3. Peters Creek: Township 26 North, Range 11 East, Section 4 Mount Diablo, B&M, Kettle

Rock 7.5 minute USGS quadrangle.

4. Pierce Creek: Township 26 North, Range 8 East, Section 8 Mount Diablo, B&M, Diamond Mountain 7.5 minute USGS quadrangle.

5. Taylor Creek: Township 26 North, Range 11 East, Section 25 Mount Diablo, B&M, Antelope Lake 7.5 minute USGS quadrangle

NOTE: Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (See Section L, 52.236-27, SITE VISIT.)

C.3 PRICE RANGE

The Government’s estimated price range of this project is between $250,000 and $500,000.

C.4 ESTIMATED START DATE

Estimated start work date is June 1st, 2018. The contract time will be 140 days. Contract time includes delays for weather; locating and transporting supplies and materials; and final site cleanup. Contract time excludes winter seasonal work shutdown.

All work, including punch list items, site cleanup, and de-mobilization, shall be completed prior to

October 19th, 2018.

C.5 SITE INFORMATION AND LIMITATIONS

The following site conditions are considered incidental to the contract and the contractor will not be paid directly for any of the following items:

1. Construction sites will be closed to the public during construction but open to authorized government employees. The Contractor will be responsible for signing, limiting public access, and safety of public and/or government employees in the area. All roads leading through the construction site shall remain open, with minimal disruption to traffic.

Submit a traffic control and signing plan for each site for approval, prior to the start of construction.

2. The Contractor is responsible for the security of the Contractor’s equipment and materials.

3. Utilities are not available at the site for construction purposes.

4. Fuel storage on site is permitted within the project sites, so long as the storage tanks are set in a location far away from the creeks that go through each project location, and proper containment structures are provided. Fuel trucks must be equipped with spill containment kits and portable berms that meet all state and federal regulations. A spill containment plan must be submitted and approved prior to construction.

5. The Contractor shall provide temporary toilet facilities (porta-potty) at the site during all construction work. Toilet facilities shall be provided at a rate of one stool for every 10 workers assigned or working on site.

6. All construction equipment shall be pressure washed before entering the Site. The removal of mud and debris from treds, tracks and undercarriage, with emphasis on axles, frame, cross-members, motor mounts, and underneath steps, running boards, and front bumper/brushguard assemblies will be required. The purpose is to reduce or eliminate the transportation of noxious weeds, which is required by Federal and State regulations.

Coordinate with the Forest Service on an inspection location.

7. Water for construction purposes can be obtained from any creek within each project area.

If those sites are not sufficient for the contractor needs, additional water sources may be made available to the contractor upon request at Antelope Lake on the Plumas National

Forest.

8. Stony Quarry shall be made available to the contractor, to utilize aggregate surfacing and backfill material. The quarry is located off FSR 26N16A, approximately 6 miles southeast from the east shore of Antelope Lake (<1 mile from Doyle’s Crossing).

Township 27 North, Range 13 East, Section 2, Mt. Diablo, B&M, Antelope Lake 7.5 minute USGS quadrangle. Obtain written permission to the Contracting Officer for approval, prior to using the quarry.

C.6 WORKER’S COMPENSATION INSURANCE

The contractor shall provide evidence of Worker’s Compensation Insurance or a written explanation as to why the contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

C.7 WORK CAMPS, STAGING AND STORAGE AREAS

Areas for staging operations and storage of materials shall be approved by the Contracting Officer. The

Contractor must request in writing for approval from the CO to stage trailers (work or housing) on site.

Overnight camping will be allowed on site, upon written approval to the Contracting Officer.

C.8 MAPS

INCLUED WITH DRAWINGS

C.9 SPECIFICATIONS

The following Standard and Special Project Specifications are applicable to this contract:

Specifications

Section 010250 - Construction Staking

Section 011900 - Mobilization

Section 013300 - Submittal Procedures

Section 014100 - Quality Control

Section 023705 - Temporary Stream Diversion

Section 024100 - Waste Material Disposal

Section 033020 - Concrete from Packaged Dry Mix for Minor Structures

Section 133402 - Utility Boxes

Section 221100 - Water Distribution Systems

Section 221102 - Curb Valves and Boxes

Section 221103 - Plumbing Appurtenances

Section 221200 - Underground Water Storage Tank

Section 311000 - Clearing and Grubbing

Section 312005 - Earthen Structures

Section 321204 - Crushed Aggregate Base or Surface Course

Section 321206 - Loose Rock Riprap

Section 322210 - Roadway Barriers

The requirements contained in these specifications are hereby made a part of this solicitation and any resultant contract.

C.10 PRE-BID CONFERENCE OR TOURS

There will be no Pre-Bid Tour for the project. The Contractor acknowledges that they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the

Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.11 TRAFFIC CONTROL AND CONSTRUCTION SIGNING

No work that endangers, interferes, or conflicts with traffic or access to work sites shall be performed until a plan for satisfactory warning and handling of traffic has been submitted by the contractor and approved by the Contracting Officer. Construction signing for traffic control shall conform to the

Manual of Uniform Traffic Control Devices (MUTCD). All traffic control signs will be placed in areas adequate for a truck pulling a fifth wheel trailer to be turned around. Contractor shall not be paid directly for this item, rather it will be considered incidental to other items of work listed in the Schedule of Items.

C.12 INSPECTION OF WORKSITE

The contractor acknowledges they have taken the necessary steps to ascertain the nature and location of work, and have investigated and satisfied themselves as to the general and local conditions that can affect the work or its cost. Any failure of the contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from the responsibility of estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expenses to the government.

C.13 PERMITS

A. The Contractor will be responsible for obtaining and paying fees for the following permits:

1. Air Quality (Northern Sierra Air Quality District)

2. National Pollutant Discharge Elimination System (NPDES) Permit (State)

B. The Forest Service will obtain permits and pay fees for the following:

1. No additional permitting is required.

SECTION E--INSPECTION AND ACCEPTANCE

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

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 Inspection of Construction (AUG 1996)

Inspections Government inspections are for the purpose of satisfying the Government that the supplies and/or services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control. The Contracting Officer's Representative or designated inspector will conduct all inspections.

The Contractor (or designated representative) is encouraged to be present to observe inspections

SECTION F—DELIVERIES OR PERFORMANCE

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, 52.242-14 Suspension of Work (APR 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 140 after the effective date of the notice to proceed.

The time stated for completion shall include final cleanup of the premises.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from June 1st, 2018 through October 19th, 2018.

Work Timing

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time.

Winter Shutdown

When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time specified.

SECTION G—CONTRACT ADMINISTRATION DATA

Pre-work

Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

PRECONSTRUCTION CONFERENCE

This required conference will be scheduled by the COR. (See also Section I, Clause 52.236-26.)

Payment Payments . Payment will be made for fully acceptable work at the prices bid in the schedule of items.

Payment will be made monthly or at the milestones as specified in the contract specifications.

Deductions In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

[ ] Liquidated damages will be charged as follows: None

Contract Release.

Before final payment will be made the Contractor shall sign a release of all claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the

Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

INVOICES

Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic

Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of

Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.

After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. The one-time enrollment in IPP means a series of emails will be sent to the point of contact (POC) established in your

System for Award Management (SAM) account at www.sam.gov. So, please verify that the POC’s email address is up to date in your company’s SAM account prior to starting the IPP enrollment process.

If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Invoices shall be accompanied by the signed contractor certification, using the exact wording in the clauses, FAR 52.232-5, and be up-to-date on certified payrolls for the invoiced timeframe, FAR 52.222-

8. (See next page for invoice certification language.) Invoices that do not meet these requirements will be rejected.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/

The contractor shall submit payrolls weekly for each week in which any contract work is performed.

The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information listed on the form WH-347 (available for download at www.dol.gov., including the certification verbatim from the WH-347. Forms from other State or County governments are not compliant. Invoices that do not meet these requirements will be rejected. A Contract Release is required with the final invoice, or the invoice may be rejected.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

At the request of the Contractor, aggregate surfacing material and backfill material from Stony Quarry for use on this project. Padlocks for each manhole and valve box opening will also be provided to the

Contractor.

The Government will provide the following items to the Contractor at the assigned work location as needed:

1. Padlocks (for valve boxes)

2. Aggregate Roadway surfacing material from Stony Quarry

3. Additional backfill material from Stony Quarry

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.

INCIDENTAL ITEMS

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

http://www.dol.gov/

SECTION H—SPECIAL CONTRACT REQUIREMENTS

Emergencies

Fire Plan

[ X ] See Section J, Fire Plan

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

[ ] (a) Trail Construction – 100 meters on either side of the centerline

[ ] (b) Construction of Structures – 100 meters around the perimeter of the project

[ ] (c) Road Construction – 400 meters on either side of the centerline

[ X ] (d) Special for this project: Special for this project: 1,320 foot perimeter around the project

UTILITY SERVICE

None

Superintendence by Contractor In addition to Clause 52.236-6, the following applies: The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use his/her own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

Loss, Damage or Destuction

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.

Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.

Camping Permit Compliance Contractor shall comply with all terms and conditions of any camping permit issued to allow use of premises. Any non-compliance will result in suspension of work until compliance is achieved.

Archaeological and Historic Sites

Location of known archaeological, historic, or pre-historic materials--such as Amerind artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (l6 USC

433)--will be identified for the contractor before work commences.

Spill Plan

If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures

(SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations.

The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The

Contractor shall immediately report all petroleum products spills to the Contracting Officer.

EQUIPMENT CLEANING AND NOXIOUSWEED-FREE CERTIFICATION

A. Unless the entire project area is already infected with noxious weeds, the contractor shall ensure that prior to moving from one on forest location to another part of the project area all off-road equipment, which last operated in areas known by Forest Service to be infected with noxious weeds, is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall certify in writing to the CO that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to other project areas. Measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all equipment operating off of paved roadways. A Current list of noxious weeks of concern to Forest Service is available at the

Forest Supervisor’s office. Contractor shall clean off-road equipment prior to moving between project areas with known infestations with noxious weeds and other project areas, if any, which are free of such weeds. Project Area maps show areas known by Forest Service that contain specific noxious weeds species of concern. Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

B. Contractor shall notify Forest Service at least 24 hours prior to beginning of work in area designated as a noxious weed area, unless otherwise approved by CO. Notification shall include the location of the equipment’s most recent operations. If the prior location of the off-road equipment cannot be identified, Forest Service may assume that it was infested with noxious weed seeds. Upon request of Forest Service, Contractor must arrange with CO for

Forest Service to inspect each piece of off-road equipment prior to it being placed into service.

If Contractor desires to clean off-road equipment on National forest land, such as at the end of a project or prior to moving to a new unit that is free from noxious weeds, Contractor and Forest

Service CO shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any. New infestations of noxious weeds, of concern to Forest Service and identified by either Contractor or Forest Service, within the project area or on the haul route, shall be promptly reported to the other party.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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, 52.202-1 Definitions (NOV 2013)

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)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)

52.204-19 Incorporation by Reference of Representation and Certifications (DEC 2014)

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

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

52.211-12 Liquidated Damages – Construction (SEPT 2000)

52.211-18 Variation in Estimated Quantity (APR 1984)

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

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-8 Utilization of Small Business Concerns (OCT 2014)

52.219-14 Limitations on Subcontracting (JAN 2017)

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 Act Regulations

(MAY 2014)

52.222-14 Disputes Concerning Labor Standards (FEB 1988)

52.222-15 Certification of Eligibility (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015)

52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

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

52.222-37 Employment Reports on Veterans (OCT 2015)

52.222-40 Notification of Employee Rights Under the National Labor Relation Act (DEC 2010)

52.222-50 Combating Trafficking In Persons (MAR 2015)

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)

52.223-6 Drug-Free Workplace (MAY 2001)

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)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

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

52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014)

52.228-15 Performance and Payment Bonds – Construction (OCT 2010)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts (MAY 2014)

52.232-17 Interest (MAY 2014)

52.232-18 Availability of Funds (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014)--Alternate I (DEC 1991)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by The Contractor (APR 1984)

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)

Alternate I (NOV 1991)

52.236-15 Schedules for Construction Contracts (APR 1984)

Alternate I (APR 1984)

52.236-17 Layout of Work (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-13 Bankruptcy (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (DEC 2015)

52.245-1 Government Property (AUG 2012)

52.245-9 Use and Charges (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2015)

52.249-2 Termination for Convenience of the Government (Fixed Price) (APR 2012)--Alternate I

(SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the

Contractor shall represent its size status according to paragraph (c) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the

Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs © or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code

______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer’s name and title].

http://www.sba.gov/content/table-small-business-size-standards

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

“Construction material” means an article, material, or supply brought to the construction site by the

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

“Cost of components” means—

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

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

“Domestic construction material” means—

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

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

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

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the

Buy American statute is waived for construction material that is a COTS item. (See FAR

12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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

(1)

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material.

However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

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

(NOV 1996)

The Contract Price includes the total amount for premiums that the Contractor attributes to the furnishing of performance and payment bonds required by the contract. Reimbursement for bond premiums under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, shall not cover any amount therefor not included in the contract price.

AGAR 452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use…