1442_1282B122Q4002_Fence Project Solicitation.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

1074773

USDA FOREST SERVICE

SPOC INTERMOUNTAIN

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

82B1

MATTHEW SUTTON

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) matthew.sutton@usda.gov

622041

1282B122Q4002

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

Statement of Work; Contract Documents

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 90 calendar days and complete it within ________________ ________________ calendar days after receiving

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

JESSICA LYN H. RASMUSSEN

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 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1282B122Q4002

Delivery: 09/01/2022

Delivery Location Code: 03H8

USDA FOREST SERVICE

TOWNSEND RANGER DISTRICT

415 S FRONT

TOWNSEND MT 59644 US

Period of Performance: 09/01/2022 to 05/01/2023

0001 Remove and Replace fence burned by the Deep Creek 1 JC

Canyon fire in 2021. Reference SOW docs

Product/Service Code: Y1QA

Product/Service Description: CONSTRUCTION OF

RESTORATION OF REAL PROPERTY (PUBLIC OR PRIVATE)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Tree Clearing;

Solicitation No: 1282B122Q4002 Project Name: Remove and reconstruct fence burned in the Deep Creek Canyon Fire in 2021

Updated through FAC 2022-07 dated Aug 10, 2022

Table of Contents

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

H.2 OTHER REQUIREMENTS

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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

SECTION J--LIST OF ATTACHMENTS

J.1 ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 PROVISIONS

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 PROVISIONS

L.2 QUOTE PREPARATION INSTRUCTIONS:

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 PROVISIONS

M.2 PROPOSAL EVALUATION

M.3 TECHNICAL EVALUATION FACTORS

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS

Deep Creek Canyon Fire Fence Replacement Project 2022 Townsend Ranger District, Helena-Lewis & Clark National Forest

B- 1 - SCHEDULE OF ITEMS Deep Creek Canyon Fire Fence Project broken up into three segments based off of accessibility with equipment or level of work to do.

Pay Item Number Description

Method of Measurement Pay

Unit Estimated Quantity

*Unit Price based on ease of construction

Total Price

1 Mobilization LSQ LS All

B- 1 - SCHEDULE OF ITEMS Deep Creek Canyon Fire Fence Clearing

Pay Item Number Description Method of

Measurement Pay Unit

Estimated Quantity Unit Price Total Price

Felling and bucking of all burned trees 60’ on either side of the fence

AQ acre 32 $

Total

Pay Item No. 1 – Mobilization (entire project):

The work shall consist of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

Pay Item No. 2 – Felling and bucking of all burned trees sixty (60) feet on either side of the fence:

The work shall consist of felling all burned trees sixty (60) feet on either side of the fence. The area shall be cleared of all standing burned vegetation. All existing stumps and snags within the clearing limits shall be cut no more than a 4-inch stump height.

All vegetative material removed from the fence line should be scattered but leaving four

(4) feet on either side of the fence free of all debris to allow for construction of the fence.

Logs and slash shall be scattered outside the clearing limits of the four (4) feet on either side. Stump heights shall not exceed 4 inches above ground level as measured on the uphill side, or 4 inches above natural obstacles.

Clearing All the fence is in conifer stands that have burned. Felling of sixty (60) feet on each side of the fence and within clearing limits, four (4) feet on each side of the fence, eight (8) feet total, shall be cleared of trees and downfall.

A. All burned trees regardless of diameter breast height (dbh) within the clearing limits shall be felled. All dead trees should be removed within the clearing limits. Logs shall be cut into lengths less than 8-feet, delimbing not required. Logs and slash shall be scattered outside the clearing limits.

B. Removal of already downed brush and down logs is required within the four (4) feet on each side of the fence, eight (8) feet total, must be removed from the clearing limits and scattered.

The fence is located along US Highway 12 on the south side. Care in necessary not to allow trees to hit the highway. Contractor must work with Montana Department of transportation to see if flaggers are necessary in areas where the trees have the potential to affect the highway.

Payment will be made based on acres cleared.

Segment A:

The work shall consist of removing in its entirety the burned fence, reconstructing a boundary fence along the south side of US-HWY 12, T7N, R5E sections 30, 19 and 20 lost during the

Deep Creek Canyon Fire. This segment is completely inaccessible with equipment. There is a pretty good path/trail along the fence. The contractor is responsible for supplying all the necessary materials. The work shall consist of the construction of a 3 strand barbed wire wildlife friendly fence. Wildlife friendly fences are; the top wire will be no higher than 40 inches and the bottom wire will be no lower than 19 inches. Steel posts and line posts are required to be used.

The total cost includes braces (tree/line braces) every quarter of a mile or change in topography.

Line posts can be used in place of braces where approved. See Section C3 (3.04) for installation specs.

Pay Item Number Description Method of

Measurement Pay Unit

Estimated Quantity Unit Price Total Price

A1

Fence construction of 3 wire fence (labor)

AQ LF 6,800 ft $

A2 Contractor furnished materials

AQ LSQ ALL

A3 Line Brace AQ Each 12 $ $

A4 Corner Brace AQ Each 1

A5 Construction Of 12-16ft Wire Gate

AQ Each 1

A6 Fence removal AQ LF 6,800 ft

Segment B:

The work shall consist of removing in its entirety the burned fence, reconstructing a boundary fence along the south side of US-HWY 12, T7N, R5E section 20 lost during the Deep Creek Canyon Fire. Portions of this segment have been relocated to allow use of equipment; however some portions are inaccessible. The inaccessible areas are steep and side hilly. The contractor is responsible for supplying all the necessary materials. The work shall consist of the construction of a 3 strand barbed wire wildlife friendly fence. Wildlife friendly fences are; the top wire will be no higher than 40 inches and the bottom wire will be no lower than 19 inches. Steel posts and line posts are required to be used. Braces (tree/line braces) are to be used every quarter of a mile or change in topography. Line posts can be used in place of braces where approved. See Section C3 (3.04) for installation specs.

Pay Item Number Description Method of

Measurement Pay Unit

Estimated Quantity Unit Price Total Price

B1

Fence construction of 3 wire fence (labor)

AQ LF 4,900 ft $

B2 Contractor furnished materials

AQ LS ALL

B3 Line Brace AQ Each 12 $ $

B4 Corner Brace AQ Each 3 $

B5 Fence removal AQ LF 4,900 ft

Segment C:

The work shall consist of removing in its entirety the burned fence and reconstructing/heavy maintenance of the boundary fence along the south side of US-HWY 12, T7N, R5E section 20 and 21 lost during the Deep Creek Canyon Fire. Portions of this segment have some new posts and wire on the gates so the new materials will not be replaced with the exception of the braces.

The existing “new” braces are angle braces, and they will be replaced with a line brace, utilizing the new posts already in for one post. Most of this fence is accessible with equipment. The contractor is responsible for supplying all the necessary materials. The work shall consist of the construction of a 3 strand barbed wire wildlife friendly fence. Wildlife friendly fences are; the top wire will be no higher than 40 inches and the bottom wire will be no lower than 19 inches.

Steel posts and line posts are required to be used. See Section C3 (3.04) for installation specs.

Pay Item Number Description Method of

Measurement Pay Unit

Estimated Quantity Unit Price Total Price

C1

Fence construction of 3 wire fence (labor)

AQ LF 5,270 ft $

C2 Contractor furnished materials

AQ LS ALL

C3 Line Brace AQ Each 10 $ $

C4 Fence removal AQ LF 5,270 ft $ $

C5 Shrub/tree clearing of fence line

DQ AC 1

B- 2 - BASIS OF AWARD: Award will be made on the best value to the Government based on experience, past performance, price, and proximity of contractor’s place of business.

SECTION C - DESCRIPTION AND SPECIFICATIONS

C-1 GENERAL

1.01 Intent of Contract - The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. Furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract.

1.02 Description of Work – The work shall consist of the construction of a new 3-wire (barbed wire) fence.

Work covered under each Pay Item in the Schedule of Items includes:

Pay Item No. 1 – Mobilization (entire project):

The work shall consist of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

Pay Item No. A1 –Construction of 3-wire Fence:

The work shall consist of the construction of a 3-wire (three barbed wire fence with steel posts and wood line posts on hilltops, dips and swales See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A2 – Contractor Furnished Materials:

Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Stockpile locations can be agreed to on the ground by Forest Service inspectors. Approved materials can be found under, Section C2-Products.

Pay Item No. A3 – Construction of Line Brace:

The work shall consist of the construction line braces. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A4 – Construction of Corner Brace:

The work shall consist of the construction corner braces. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A5–Construction of 12-16ft Wire Gate:

The work shall consist of the construction of a 12-16 foot wire gate. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. A6 –Fence Removal:

The work shall consist of roll-up and removal of all fencing material on identified segments off of National Forest System Lands.

Pay Item No. B1 –Construction of 3-wire Fence:

The work shall consist of the construction of a 3-wire (three barbed wire fence with steel posts and wood line posts on hilltops, dips and swales). See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. B2 – Contractor Furnished Materials:

Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Stockpile locations can be agreed to on the ground by Forest Service inspectors. Approved materials can be found under, Section C2-Products.

Pay Item No. B3 – Construction of Line Brace:

The work shall consist of the construction line braces. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. B4 – Construction of Corner Brace:

The work shall consist of the construction corner braces. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. B5 –Fence Removal:

The work shall consist of roll-up and removal of all fencing material on identified segments off of National Forest System Lands.

Pay Item No. C1 –Construction of 3-wire Fence:

The work shall consist of the construction of a 3-wire (three barbed wire fence with steel posts and wood line posts on hilltops, dips and swales See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. C2 – Contractor Furnished Materials:

Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Stockpile locations can be agreed to on the ground by Forest Service inspectors. Approved materials can be found under, Section C2-Products.

Pay Item No. C3 – Construction of Line Brace:

The work shall consist of the construction line braces. See Section C2 for fence material specs and Section C3 (3.04) for installation specs.

Pay Item No. C4 –Fence Removal:

The work shall consist of roll-up and removal of all fencing material on identified segments off of National Forest System Lands.

Pay Item No. C5 - Fence Line Clearing:

The clearing work shall consist of the clearing brush, and downfall 5 feet on each side of the fence (10 foot total width). Logs and slash shall be scattered outside the clearing limits.

(Section C3 (3.03)).

1.03 Project Location. The project is located on the Townsend Ranger District, Helena-

Lewis & Clark National Forest, in Broadwater County, Montana. The Deep Creek Canyon Fire project area is approximately 16 miles east of Townsend, Montana. General elevation in the project area varies from is approximately 5,400 feet to 4,800. The elevation of the fence fluctuation is approximately 1000 feet in areas. The topography of this fence varies from extremely steep and rocky to fairly level but rocky. Access by equipment is very minimal.

The landscape ranges from burned juniper and Douglas fir to burned shrubland. All of this fence has been burned and burn severity was high.

1.04 Price Range. Between $25,000 and $100,000

1.05 Pre-Bid Tour. A pre-bid tour will not be held however contact Tracy Schilling, Townsend Ranger District, at 406-439-6219 concerning project location and site conditions.

1.06 Pre-Bid Conference. A pre-bid conference will not be held.

1.07 Start Work. It is estimated that the work will begin on September 1, 2022.

1.08 Performance Period. Contract time shall be 90 calendar days.

1.09 Contractor-Furnished Materials. Contractor is responsible for furnishing all required materials and will be paid at the lump sum bid rate after materials have been delivered and inspected by the Forest Service. Approved materials can be found under, Section C2-Products.

1.10 Work Schedule. The Contractor shall supply a work schedule before starting the project. The Contractor shall notify to Contracting Officer a minimum of 48 hours in advance of changes in the work schedule.

1.11 Use of Roads by the Contractor. The Contractor is authorized to use roads under the jurisdiction of the Forest Service for all activities necessary to complete this contract, subject to the limitations and authorizations designated in Road Order(s) or described in the contract, when such use will not damage the roads or National Forest System resources, and when traffic can be accommodated safely.

1.12 Off-road permits. Portions of the project area are inaccessible to highway vehicles but may be accessible via off-highway vehicles. The Contractor is encouraged to review site conditions prior to submitting bids.

Upon request, the Contractor will be issued an off-road permit for use of ATVs and other off-highway motor vehicles for the purposes of completing work required under this contract.

Contact Tracy Schilling at the Townsend Ranger District (406) 439-6219 for additional information.

1.13 Camping – Camping will be permitted in the contract area during the contract performance period with written permission from the Contracting Officer and District Ranger.

1.14 Cleanup and Disposal – The Contractor shall be responsible for solid waste disposal.

The Contractor shall at all times keep the area in a clean, neat, and orderly condition.

Construction related debris, camp refuse, etc. resulting from the Contractor’s operations shall be removed promptly from the site and disposed of in a lawful manner. The Contractor shall pay for fees for the use of landfills or transfer stations if there is a charge.

1.15 Security and Protection - The Contractor shall be responsible for protecting all equipment and supplies for use on the project and stored on the site. The Contractor shall be responsible for all costs required to provide such protection.

C2 – PRODUCTS

2.01 Posts

A. Steel Line Posts - Standard T post, minimum 1.33 lb/ft. with a steel anchorplate, minimum 5 1/2 foot length, and white tops.

B. Wood Line Posts – Pressure treated (.40 CCA) wood posts with minimum size of 5”x7’

C. Wooden Brace Posts - Pressure treated (.40 CCA) wood posts with a minimum size of 7"x7'6”.

D. Horizontal or Bracing Post – Pressure treated (.40 CCA) wood rail or post with a minimum size of 4" diameter will be used.

E. Gate Sticks - Pressure treated (.40 CCA) wood rail or post with a maximum size of 4" diameter will be used.

F. Gate Stays - Pressure treated (.40 CCA) wood rail or post with a maximum size of 3" diameter will be used.

G. Nails or Construction Screws- 5 inch minimum length unless otherwise approved.

2.02 Wire

A. Barbed Wire - 12.5 gauge, strength, 90,000 to 105,000 PSI.

B. Twisted Smooth Wire – 12.5 gauge (for bottom wire, brace wire, deadmans, and gate loops).

C. Staples – Barbed, galvanized 1.5 - 2 inch length.

D. Clips – standard steel clips manufactured for attaching barbed wire to steel posts E. Twist Stick– 5/8” rebar or fiberglass; 24” in legnth (twist stick)

2.03 Gate Closure – Gate closures shall be heavy duty and fit 2 7/8” pipe posts or be welded on.

C3 - EXECUTION

3.01 Delivery and Storage - Deliver, store, and handle material and other manufactured items so that they will not be damaged or deformed.

3.02 Underground Utilities – The Contractor is responsible for the location of all utilities prior to ground disturbance. Damaged utilities shall be repaired at the Contractor’s expense.

The Contractor shall contact Montana One Call prior to any ground disturbance.

3.03 Fence Line Clearing – The fence for Pay Item C is partially located in an aspen stand with alive trees and mixed conifers but most shrubs along the fence. Most of it has been cleared by the power line maintenance. Ten (5) feet on each side of the fence, ten (10) foot total, shall be cleared of trees and downfall.

• All conifers less than 9-inch diameter breast height (dbh) within the clearing limits shall be felled. All dead trees less than 12 inch dbh should be removed within the clearing limits. Logs shall be cut into lengths less than 8-feet, delimbing not required. Logs and slash shall be scattered outside the clearing limits.

• No live trees larger than 9-inch dbh are required to be cleared.

• Removal of already downed brush and down logs is not required, unless it will be in contact with the bottom wire, then it must be removed from the clearing limits and scattered.

3.04 Installation:

A. Staking – The fence alignments will go where old fence was removed except in segment B where the fence has been relocated. This will be staked or flagged for proximity reference only by the Forest Service. The Contractor shall survey the fence line as necessary to ensure the fence is installed in a straight line between posts and braces. The final fence alignment must be within 10 feet on either side of the Forest Service’s staked or flagged alignment or removed fence line. Contractor is responsible for maintaining all fence alignment stakes or flags throughout the life of the contract. All staking and/or flagging shall be removed and disposed of by the Contractor prior to final acceptance.

B. Alignment – The fence shall be constructed in straight line segments from brace to brace.

All turns will require a corner brace installed with the angle of the brace in line with the fence direction.

C. Line Braces - Line braces shall be placed a minimum of every quarter mile of stretch and where needed along draw crossings or hill points. Line braces shall consist of two brace posts and one horizontal 4” rail or post or 2” pipe. Brace posts shall be installed a minimum of 36 inches in the ground and tamped in layers around the post until firm.

Smooth wire brace will be double wire twisted tight. The twist sticks shall be secured in place. (See Exhibit A)

Exhibit A (Line Brace)

D. Gates - Gates will be 12 to 16 feet wide with three wooden stays at 1/4 width. Gate sticks will have a minimum diameter of 4 inches. Twisted smooth wire will be used for all bales on brace posts. The length of the gates and location will be determined by the COR. A gate closure shall be installed on one side of each gate. (see exhibit B)

Exhibit B (Gate)

E. Gate Braces - Construct gate braces as described for Line Braces above. (see exhibit A) F. Corner Braces - Corner braces shall be placed in all turns in fence, constructed as described above for Line braces and as shown on the drawings. (See exhibit C)

Exhibit C (Corner Brace)

G. Line posts - Spacing for line posts shall be as shown on the drawings. Steel posts shall be driven so the anchor plate is not above ground. Wood line posts shall be placed at low and high points along the fence and on each side of deadman. Wood line posts shall be embedded a minimum of 36 inches in the ground. (see exhibit D)

H. Wire Spacing – As shown on the drawings. In no case shall top wire exceed 40 inches above ground and the bottom wire be less than 19 inches from the ground. (See exhibit D) Exhibit D (Line and Wire Spacing)

Brace post driven to a minimum of 48”.

Diagonal brace rails secured with brace hardware at a maximum of 75% of the heigh of the brace post. Backing posts of a minimum of 4 to 6’ are driven to slightly above ground level, with brace rail secured via other brace hardware.

I. Deadman – A deadman shall be used for crossing small draws or ravines. A large rock buried 24 inches deep, or other methods approved by the Forest Service shall be used where needed. The method used shall hold fence wires down and in place without any upward movement. (see exhibit E)

Exhibit E (Deadman)

C4 – MEASUREMENT AND PAYMENT

4.01 Scope of Payment. Payment for all contract work is provided, either directly or indirectly, under the pay items shown in the bid schedule.

A. Direct payment. Payment is provided directly under a pay item shown in the bid schedule.

B. Indirect payment. Work for which direct payment is not provided is a subsidiary obligation of the Contractor. Payment for such work is indirectly included under other pay items shown in the bid schedule.

Compensation provided by the pay items included in the contract bid schedule is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature of prosecution of the work is included in the compensation provided by the contract.

Work measured and paid for under one pay item will not be paid for under any other pay item.

The quantities shown in the bid schedule are approximate unless designated as a contract quantity. Limit pay quantities to the quantities staked, ordered, or otherwise authorized before performing the work. Payment will be for the actual quantities of work performed and accepted or material furnished according to the contract. No payment will be made for work performed in excess of that staked, ordered, or otherwise authorized.

4.02 Unit of Measurements: Payment will be by units defined and determined according to measure. Unless otherwise specified, the meanings of the following terms are as follows:

A. Linear Foot (LF) – As applicable, measure the work along its length from end-to-end; parallel to the base or foundation; along the front face; or along the invert. Do not measure overlaps.

B. Mile – 5280 linear feet. Measure along slope line of each fence.

C. Lump Sum (LS) – Do not measure directly. The quantity is designated as “All”.

D. Each – One entire unit. The quantity is the actual number of units completed and accepted.

4.03 Methods of Measurement: One of the following Methods of Measurement for determining final payment is DESIGNATED on the SCHEDULE OF ITEMS for each pay item:

A. Contract Quantities (CQ) AND Design Quantities (DQ) - These quantities denote the final number of units to be paid for under the terms of the contract. They are based upon the original design data available prior to advertising the project. Original design data include the preliminary survey information, design assumptions, calculations, drawings, and the presentation in the contract. Changes in the number of units SHOWN in the SCHEDULE OF ITEMS may be authorized under any of the following conditions:

a) As a result of changes in the work authorized by the Contracting Officer.

b) As a result of the Contracting Officer determining that errors exist in the original design data used to determine designed quantities that cause a pay item to change by more than 15 percent.

c) As a result of the Contractor submitting to the Contracting Officer a written request showing evidence of errors in the original design data used to determine design quantities that cause a pay item total to change by 15 percent or more. The evidence must be verifiable and consist of calculations, drawings, or other data that show how the designed quantity is believed to be in error.

B. Actual Quantities (AQ) - These quantities are determined from measurements of completed work.

C. Lump Sum Quantities (LSQ) - These quantities denote one complete unit of work as required by or described in the contract, including necessary materials, equipment, and labor to complete the job. They will not be measured.

4.03 Mobilization. This work consists of moving personnel, equipment, material, and incidentals to the project and performing all work necessary before beginning work at the project site.

The mobilization lump sum will be paid as follows:

A. When 5 percent of the original contract amount is earned from other bid items, 50 percent of the mobilization item, or 5 percent of the original contract amount, whichever is less, will be paid.

B. When 10 percent of the original contract amount is earned from other bid items, 100 percent of the mobilization item, or 10 percent of the original contract amount, whichever is less, will be paid.

C. Any portion of the mobilization item in excess of 10 percent of the original contract amount will paid after final acceptance.

C-5 CLAUSES

452.211-72 Statement of Work/Specifications (FEB 1988)

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

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

SECTION D--PACKAGING AND MARKING

D-1 PACKING AND MARKING

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government.

D-2 PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each project with a contract number at time of award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 CLAUSES

52.246-12 Inspection of Construction (AUG 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

F.1 CLAUSES

52.211-13 Time Extensions (SEP 2000) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.242-14 Suspension of Work (APR 1984)

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

Alternate I (APR 1984) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 September. 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.

F.2 OTHER REQUIREMENTS

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 CLAUSES

G.2 OTHER REQUIREMENTS

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within 10 days after the date of contract award. The conference will be held virtually over TEAMS or telephonically.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES

452.228-71 Insurance Coverage (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $100,000 per occurrence.

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

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

H.2 OTHER REQUIREMENTS

452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (10) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 10-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 3 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 3calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

ARCHAEOLOGICAL OR HISTORIC SITES

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

INSURANCE COVERAGE

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

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

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence. (2) The Contractor shall have property damage liability insurance shall be required in the amount of $100,000 per occurrence.

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

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

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 CLAUSES

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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation (MAY

2018) 52.222-6 Construction Wage Rate Requirement (AUG 2018) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021) 52.222-9 Apprentices and Trainees (JUL 2005) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Pricing Method) (AUG 2018) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (MAY 2022) 52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (JAN

2022) 52.222-62 Paid Sick Leave under Executive Order 13706 (JAN 2022) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-15 Energy Efficiency in Energy Consuming Products (MAY 2020) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams. (Jun 2016) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises

(June 2000) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.228-2 Additional Bond Security (OCT 1997) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (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) 52.236-17 Layout of Work (APR 1984) 52.243-5 Changes and Changed Conditions (APR 1984) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

(APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 452.236-71 Prohibition Against the Use of Lead-Based Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-76 Samples and Certificates (FEB 1988) 452.236-77 Emergency Response (NOV 1996)

52.225-9 Buy American Act-Construction Materials (NOV 2021)

(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 product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

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

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

and

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

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

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

Cost of components means-

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

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the 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) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

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

or

(ii) A construction material manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 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. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly…