2020 Luna Allotment Wells RFQ.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12837120Q033

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

03/13/2020

PAGE 1 OF

PAGES 49

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

991184

6. PROJECT NO.

7. ISSUED BY CODE 8371 8. ADDRESS OFFER TO

USDA, Forest Service Southwest Region 333 Broadway SW Albuquerque, NM 87102

USDA, Forest Service/Gila National Forest Geraldine M. Carrasco, Contracting Officer 3005 E. Camino Del Bosque Silver City, NM 88061

9. FOR INFORMATION CALL: a. NAME

Dionisio Silva, Technical Representative Geraldine M. Carrasco, Contracting Officer

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

(575)539-2481

(575) 388-8345

SOLICITATION

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

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

2020 LUNA ALLOTMENT WELLS: The Gila National Forest is requesting offerors for performing the drilling of 2 water wells for livestock and wildlife use. The wells must meet all livestock (non-potable) well code and regulations. The Contractor will apply for water rights through the State of New Mexico and the Forest Service shall retain ownership of the water rights and facilities to make use of that water.

Drilling to a good reliable water source is estimated for each well (See Specs). Wells will be solely used for livestock and wildlife and will be a non-potable water source. This project is located on the Quemado Ranger District in Luna, New Mexico.

NAICS: 237110 SMALL BUSINESS SIZE STANDARD $39.5 MILLION

PREPOPOSAL MEETING/SITE VISIT: April 2, 2020 at 10:00 A.M. MST. at the Luna Work Center. Please contact Dionisio Silva at

575-539-2481 if you are planning on attending the Preproposal Meeting/Site Visit.

**PROJECT MAGNITUDE: Between $25,000 and $100,000.

11. The Contractor shall begin performance within 10 days of receipt of the notice to proceed, and complete project in accordance with deadlines stated in FAR

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) Alternate I. This performance period is mandatory, negotiable. (See Section F, Deliveries and Performance.)

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

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

YES NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

.A. Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 3:00 PM MST APRIL 13, 2020.

B. An offer guarantee , IS is not required.

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 45 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

Construction Project: 2020 Luna Allotment Wells

Gila National Forest Solicitation No.: 12837120Q0033

OFFER (Must be fully completed by offeror)

15. TELEPHONE NO. (Include area code)

Duns No. ______________________________________

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within __30 Days_____ calendar days after issuance of the Notice to Proceed. (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.)

PLEASE COMPLETE THIS BLOCK

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 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

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

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

USDA FOREST SERVICE

Gila National Forest 3005 E. Camino Del Bosque Silver City, NM 88061

All invoices will be processed using the Department of Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via IPP.

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __1__ copies to issuing office.) 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, certifications, and specifications incorporated by reference in or attached to this contract.

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.

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

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

GERALDINE M. CARRASCO

30b. SIGNATURE

30c. DATE

31b. UNITED STATES OF AMERICA

31c. DATE http://www.ipp.gov/

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Furnish all necessary materials, labor, supervision, equipment and incidentals needed to perform the 2020 Luna Allotment Wells on the Gila National Forest per contract specifications.

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION OF PROJECT ITEMS

UNIT OF

MEASURE

EST. QTY UNIT PRICE

EXTENDED

AMOUNT

Furnish all necessary materials, supplies, labor, equipment, supervision and incidentals needed to drill and complete the Adair Well for livestock and wildlife use.

LS 1 $________ $____________

Furnish all necessary materials, supplies, labor, equipment, supervision and incidentals needed to drill the Hy Clark Well for livestock and wildlife use.

LS 1 $________ $____________

**NOTE: OFFEROR’S SHALL SUBMIT A QUOTE ON

ALL LINE ITEMS.**

TOTAL $________ $____________

Contractor MUST be registered and active in the System Award Management (SAM).

http://www.sam.gov/portal/public/SAM/ by proposal/bid/quote submission date. Lack of SAM registration will result in offeror/response being rejected and no longer being considered for further evaluation.

Set Aside: This solicitation is set-aside for Small Business

Project magnitude: Between $25,000 and $100,000.

NOTE: Offers shall include all applicable taxes. Contractor shall acquire all necessary required permits for project.

Acknowledgment of Delinquency on Page 19 will have to be signed and returned with offer.

DUNS: _______________________________________

E-Mail: _______________________________________ http://www.sam.gov/portal/public/SAM/

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

GENERAL SCOPE

Overview

PURPOSE

The purpose of this contract is to fund a contractor to drill and case 2 wells on Gila National Forest, Quemado Ranger District. These wells are needed to increase cattle dispersion to the uplands, therefore decreasing impacts to riparian areas. Activities will include drilling wells, constructing permanent surface casing, installing a submersible pump and solar panel assembly. Infrastructure such as storage tanks, troughs and conveyances will be added at a later date by the Forest Service in conjunction with the permittee.

The contractor shall furnish labor and equipment to construct 2 non-potable water wells, Adair

Well approximately/up to 150 feet deep and Hy Clark Well approximately/up to 300 feet deep.

The wells will be outfitted by the contractor with a solar submersible pump, appropriate non-tracking solar panel array for pump, pipe, wiring etc. Well will be outfitted with pitless adapter and all conduit buried to array. The wells shall meet all livestock (non-potable) well codes and in accordance with Office of the State Engineers (OSE) well drilling specifications and provisions of the contract. NMOSE Exploratory Well Permits will be acquired by the Forest Service. Contractor shall acquire any additional required permits. Any cost savings from one well will be transferred to the other well.

LOCATION

The proposed wells are located on the Luna Allotment near Luna, NM and are 4 driving miles from one another.

Adair well will be drilled within the Sawmill Pasture, Section 8, Township 6 S, Range 20 W. N -

108 55.944 X W 33 47.8305. From Luna drive south on HWY 180 approx. 2 miles, drive east Co.

road B 042 for approx. 1.25 miles to project site.

Hy Clark Well will be drilled within the Hy Clark Pasture, Section 11, Township 6 S, Range 21

W. N -108 58.2897 X W 33 47.9096. From Luna drive south on HWY 180 approx. 1 mile, drive southwest on NFSR 4026Q approx. 2 miles to project site.

TECHNICAL SPECIFICATIONS

Wells will be equipped with a Grunfos 6SQF-3, Max Flow of 5.85 gpm and metered

Well discharge will be reduced down to 1.25” plumbing

Solar assembly will be equipped with 330 watt solar panels, contractor will consult with COR and

Range Staff to determine number of panels (2-4)

Panel support structure will be reinforced with concrete and designed to accommodate support needs of panels plus environmental conditions (wind, moisture, etc.)

Controller shall be installed in a locking electrical box sufficient to protect from water damage and vandalism.

Well regulations can be found on the Office of the State Engineers website at https://www.ose.state.nm.us/Statewide/wdRules.php.

https://www.ose.state.nm.us/Statewide/wdRules.php

QUALITY ASSURANCE

Code and Standards: The work shall comply with codes and standards applicable to each type of work and as listed in the individual sections of these specifications.

Conflict: Where a conflict occurs between reference documents and project specifications, the project specifications shall govern.

DELIVERY, STORAGE AND HANDLING

Delivery: The Contractor will supply and deliver all equipment and labor necessary for the actual work. The Contractor shall be responsible for removing and stockpiling (on site) all project wastes.

Handling: The Contractor shall load and unload products in such manner that protects them from damage until installation on the project

SEQUENCING AND SCHEDULING

Requirements: The Contractor shall be responsible for operations necessary to complete the work, including coordination with other crafts relative to the contractor’s requirements. Work shall be scheduled in such a manner as to avoid delays in overall construction and permit proper installation of work.

UTILITY CONNECTIONS

Electrical Service: Electric service to the site is not available.

Water Service: Water service to the site is not available.

CONSTRUCTION SCHEDULE AND PROGRESS CHARTS

Within 10 days after receipt of Notice to Proceed, the Contractor shall prepare and submit to the

Contracting Officer’s Representative for approval a practicable progress schedule. The schedule shall show the order in which the Contractor proposes to carry on the work, the date of which procurement of materials and equipment will take place, and the contemplated dates for completing same. The schedule shall be in the form of a progress chart of suitable scale to indicate graphically the percentages of work scheduled for completion at any time.

If, in the opinion of the COR, the work accomplished falls behind that schedule, the Contractor shall take such action as necessary to improve his progress. In addition, the COR may require the

Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of work within the contract time. If the COR finds the proposed plan not acceptable, he may require the Contractor to submit a new plan. If a satisfactory plan is not agree upon, the COR may require the Contractor to increase the work force, the construction plan and equipment, or the number of work shifts, without additional cost to the

Owner.

Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the COR that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified.

OPERATION AND MAINTENANCE MANUALS

The Contractor shall be required to submit operations and maintenance manuals for this project.

TEMPORARY CONSTRUCTION AND SERVICES

The Contractor may provide temporary porta-potties to job site if desired.

Temporary Closures: Contractor shall deploy temporary closures over openings when weather conditions render such action necessary for proper installation of any portion of the work.

Protection of Work in Place: Work in place that is subject to injury because of operations carried on adjacent thereto shall be covered, boarded up or substantially enclosed with adequate protection.

Temporary Fire Protection: Contractor shall provide and maintain fire extinguishers, fire hoses and other equipment necessary for fire protection during construction.

Signs: No signs will be required for this project.

Removal of Temporary Construction: Construction of a temporary nature shall be removed from the site as soon as the progress of the Work will permit; and the portions of the site occupied by the same shall be properly restored.

Plumbing and Drainage: Surface or subsurface water or other fluids shall be permitted to accumulate in excavations specific to the drilling operation. Should such conditions be encountered or develop, the fluid shall be controlled and suitably disposed of by means of temporary pumps, piping drainage lines, troughs, ditches, dams or other methods to prevent contamination to the nearby San Francisco

River.

CLEAN UP:

In addition to other provisions of the Specifications, the following shall be required:

Contractor must remove all waste materials.

Contain any fluid spillage and dispose of in accordance with well driller regulation and policy.

SECTION D – PACKAGING AND MARKING

D1—GENERAL INFORMATION:

See Section J for Exhibits that are incorporated as part of the statement of work:

SECTION J – Wage Determinations

SECTION J – Experience Questionnaire

SECTION J – Forest Fire Plan

SECTION J – Bio preferred Construction/Maintenance and Repair

SECTION E – INSPECTION AND ACCEPTANCE

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

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

http://farsite.hill.af.mil/

FAR 52.246-12 Inspection of Construction. (APR 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph

(i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

52-246-13 Inspection – Dismantling, Demolition, or Removal of Improvements (AUG 1996)

SECTION F – DELIVERIES OR PERFORMANCE

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives notice-to-proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days from issuance of notice-to-proceed. The time stated for completion shall include final cleanup of the premises.

AGAR 452.236-75 MAXIMUM WORK WEEK – CONSTRUCTION SCHEDULE (NOV 1996)

Within 10 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following information in writing for approval:

(a) A schedule as required by FAR 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposed to carry out the work

The maximum workweek shall be 5 days per week, Monday through Friday, from 8:00 AM to 6:00 PM. Any change in the work schedule shall be approved in writing by the Contracting Officer prior to commencement.

52.242-14 Suspension of Work (APR 1984)

SECTION G – CONTRACT ADMINISTRATIVE DATA

THIS SECTION IS NOT APPLICABLE TO THIS CONTRACT

SECTION H – SPECIAL CONTRACT REQUIREMENTS

USDA’s website for Bio-Preferred: http://www.biopreferred.gov/

Product categories: http://www.biopreferred.gov/ProductCategories.aspx

Federal Purchasing Requirement: http://www.biopreferred.gov/PurchasingBiobased.aspx

Federal vendor/contractor reporting requirements: http://www.biopreferred.gov/FARReporting.aspx

AGAR 452.237-74 Key Personnel (FEB 1988)

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

(b) During the first ninety (20) 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 20-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

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

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

http://www.biopreferred.gov/ http://www.biopreferred.gov/ProductCategories.aspx http://www.biopreferred.gov/PurchasingBiobased.aspx http://www.biopreferred.gov/FARReporting.aspx

PART II – SECTION I – CONTRACT CLAUSES

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

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

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfagara.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 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) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2010)

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

52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (AUG 2015)

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 (NOV 2011)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- 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 Davis-Bacon 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)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-1 Biobased Product Certification (MAY 2012)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) http://farsite.hill.af.mil/vffara.htm

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC2007)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-1 Buy American—Supplies (MAY 2014)

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

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) 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (JAN 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014)

52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.229-3 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 (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer –System for Award Management (JUL 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 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)

52.236-16 Quantity Surveys (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.242-13 Bankruptcy (JUL 1995) 52.243-4 Changes (JUN 2007)

52.243-5 Changes and Changed Conditions (APR 1981)

52.244-6 Subcontracts for Commercial Items (DEC 2015)

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)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-73 Attachments to Statements of Work/Specifications

452.232-70 Reimbursement for Bond Premiums – Fixed-Price Construction Contracts (NOV 1996)

452.236-71 Prohibition Against the Use of Lead-Paint (NOV 1996) 452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological 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)

452.236-78 Fire Suppression and Liability (MAY 2014)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C.

8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and

September 30;

(2) Submit this report no later than—

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

(ii) At the end of contract performance; and

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

http://www.biopreferred.gov/

(d) The environmental point of contact for this contract is: Deborah MacIvor (dmacivor@fs.fed.us) phone

928-333- 4301.

(End of clause)

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

1997)

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

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

Material (If none, insert “None”)

Identification

No. _

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

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material

Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard

No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.

313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the

Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

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

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

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

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

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

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

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

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

(End of clause) mailto:dmacivor@fs.fed.us

52.225-9 BUY AMERICAN ACT - 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 section 3 of the Shipping Act of 1984 (46 U.S.C.

App. 1702), 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 non-availability 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 Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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.

NONE

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:

(2) 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 Act 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 Act 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 Act. (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) B) Unit of measure;

(C) Quantity; (D) Price;

(D) Time of delivery or availability;

(E) Location of the construction project;

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

(G) 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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act or Balance of Payments Program.

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

Foreign and Domestic Construction Materials Price Comparison

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).

52.225-10 -- NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY

2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials” (Federal Acquisition Regulation (FAR) clause

52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

ORDER OF PRECEDENCE--CONSTRUCTION

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

(1) The Schedule (excluding the specifications)

(2) Representations and Other Instructions

(3) Contract Clauses

(4) Other Documents, Exhibits, and Attachments

(5) The Specifications

(6) Drawings

52.253-1 Computer Generated Forms. (JAN 1991)

452.228-70 Alternative Forms of Security. (NOV 1996) If furnished as security, money orders, drafts, cashiers checks, or certified checks shall be drawn payable to: U.S.

Forest Service.

452.232-70 Reimbursement for Bond Premiums - Fixed-Price Construction Contracts. (NOV 1996)

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)

I – 6 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

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

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the

United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

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

Contractor Signature Date

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

SECTION J – LIST OF ATTACHMENTS

SECTION J U.S. DEPARTMENT OF LABOR, WAGE DETERMNATION

SECTION J GILA NATIONAL FOREST FIRE PLAN

SECTION J EXPERIENCE QUESTIONNAIRE

SECTION J BIOPREFERRED CONSTRUCTION/MAINTENANCE & REPAIR (OCT 2010)

"General Decision Number: NM20200010 01/24/2020

Superseded General Decision Number: NM20190010

State: New Mexico

Construction Type: Heavy

Counties: Catron and Chaves Counties in New Mexico.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/03/2020

1 01/24/2020

* ELEC0611-007 01/01/2020

Rates Fringes

ELECTRICIAN

Zone 1......................$ 32.70 11.67

ZONE 1: Mileage calculated from the main post office in the following towns: Albuquerque-40 miles, Artesia-12 miles, Belen-12 miles, Carlsbad-12 miles, Carrizozo-12 miles, Clovis-12 miles, Espanola-14 miles, Farmington-6 miles, Gallup-10 miles, Hobbs-12 miles, Las Vegas-8 miles, Los

Lunas-12 miles, Lovington-12 miles, Portales-12 miles, Raton-6 miles, Roswell-12 miles, Ruidoso-12 miles, Santa

Fe-10 miles, Tucumcari-6 miles.

ZONE 2: Extending up to 20 miles beyond Zone 1, EXCEPT

ALBURQUERQUE, shall receive 9% above Zone 1 rate.

ZONE 3: Extending up to 30 miles beyond Zone 1, EXCEPT

ALBURQUERQUE, shall receive 15% above Zone 1 rate.

ZONE 4: Extending more than 30 miles beyond Zone 1, EXCEPT

ALBURQUERQUE, shall receive 26% above Zone 1 rate.

IRO…