Sol_TBRD_Elec_Dist_Repair_Upgrade-Phase_2.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

AG-0112-S-15-0028

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

06/18/2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

USDA, Forest Service, Pacific Northwest Region, AQM Northwest Contracting Area 1835 Black Lake Blvd., Suite A Olympia, WA 98512

USDA, Forest Service, Pacific Northwest Region, AQM Northwest Contracting Area

9. FOR INFORMATION

CALL:

A. NAME

Miley Sutherland

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

(360) 956-2471 / msutherland@fs.fed.us

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):

Thorne Bay Ranger District, Electrical Distribution Upgrade – Phase 2 a.) This is a firm, fixed price contract.

b.) The period of performance for this contract is from date of award to September 30, 2016.

c.) This is a ‘Best Value” solicitation. See additional requirements in Sections L and M of this solicitation.

d.) This acquisition is a Total Small Business set-aside. The contractor is required to perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

e.) The Government Estimate is between $250,000.00 and $500,000.00.

FAX PROPOSALS ARE NOT ACCEPTED.

EMAIL PROPOSALS ARE ACCEPTED. Bid Bonds must be submitted in paper copy with “blue ink” signatures.

Currently funds are not available for this project. If funds are committed to this project an amendment will be issued. The due date for proposals will be 21 days after the amendment is posted on Federal Business

Opportunities webpage (fedbizopps.gov).

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See Clause F.2.)

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 0 copies to perform the work required are due at the place specified in Item 8 by 4:30 p.m. Local time 07/21/2015

(date). If this is a sealed bid solicitation, offers must 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.

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 60 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) mailto:msutherland@fs.fed.us

OFFER (Must be fully completed by offeror)

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

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 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.

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

Invoice Processing Platform (IPP): All invoices must be submitted electronically through the IPP system via www.ipp.gov .

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or 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)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85) http://www.ipp.gov/

Thorne Bay RD Electrical Distribution

Upgrade – Phase 2

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

OF

PART I—THE SCHEDULE

SECTION B—CONSTRUCTION – Prices

SCHEDULE OF ITEMS

B.1 Base Items:

Pay Method of

Pay Total

Item Item Description Measurement Quantity Unit Price

1 50 KVA* service to (3) Fourplexes LS 1

LUMP

SUM $

30 KVA* service to District Office

(Administration Building) LS 1

LUMP

SUM $

3 25 KVA* service to Duplexes A & B LS 1

LUMP

SUM $

4 25 KVA* service to Duplexes D & E LS 1

LUMP

SUM $

5 25 KVA* service to Dormitory LS 1

LUMP

SUM $

6 15 KVA* service to Duplex C LS 1

LUMP

SUM $

7 15 KVA service to Trailer 1 LS 1

LUMP

SUM $

8 Demolition of service to Trailer 4 LS 1

LUMP

SUM $

9 Advance meter rewiring LS 1

LUMP

SUM $

Site Lighting Conductor Replacement and Circuit Bonding LS 1

LUMP

SUM $

*Government shall furnish transformer for work in pay item.

TOTAL:

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

Prices Submitted By:

Signature: Phone:

Vendor Name: Fax:

Address: Email:

DUNS#:

Special Notes:

1. The Offeror must submit prices on all items. Round to the nearest cent.

2. Contractor will be paid in lump sum quantities.

3. In the event of an error in extending the prices, unit prices will govern unless otherwise determined by the

Contracting Officer in accordance with applicable regulations.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION C--DESCRIPTION/SPECIFICATIONS

C.1 Scope

1. Description:

This project completes the repair or replacement of the entire electrical distribution system on the Thorne

Bay Ranger District (TBRD) administrative compound in Thorne Bay Alaska. The intent of the project is to bring this system into compliance with Alaska Power & Telephone (AP&T) electric utility standards with the objective of eventual transferrance of the system to AP&T.

The scope includes includes everything necessary to complete the project in accordance with drawings, specifications, and provisions of the contract. All appurtenances, fasteners, hardware, connections, etcetera to make a complete final product are considered incidental to the work.

2. Price Range: $250,000 - $500,000

3. Project Location:

Thorne Bay Ranger District

1312 Federal Way

Thorne Bay, AK 99819

C.2 Special Conditions

1. The TBRD Administrative Site consists of an office, warehouse, bunkhouse, 5 duplexes, and a 12-plex apartment building, including connecting roadways and paths. The site was constructed between the years of 1982 and 1986.

2. Work will be ongoing on a Forest Service Administrative Site, mostly in residential areas. Traffic control and site safety are of utmost importance.

3. The Office and Warehouse have normal business hours of 0700 to 1630, Monday through Friday excluding federal holidays. Residential buildings are occupied by families working for the Thorne Bay

Ranger District.

4. Work will be ongoing around high voltage conductors. Contractor’s project approach shall accommodate the hazards posed by these working conditions, optimizing safety for contractor personnel and site occupants.

5. All scheduled power outages required for the work shall be approved by the Contracting Officer (CO) 72 hours in advance of the outage. Power outages in residential buildings shall be scheduled between 0800 to 1630 on normal business days, unless otherwise approved.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

C.3 General Conditions and Requirements

1. Work Hours: 0800 to 1800 Monday through Friday, unless otherwise approved by the CO. Exceptions to these hours are expected for the purposes of minimizing impacts of outages.

2. Work Schedule: Within 14 calendar days after the Notice to Proceed, Contractor shall submit a written work schedule showing beginning and completion dates for salient work items to the CO for approval.

Schedule to also include dates and times of outages and any other significant impacts to the operations of the Site. Contractor shall maintain the schedule up to date, and shall provide it to the CO upon request.

3. Permits: Permits are not required as these are federally owned facilities. However, contractor is required to coordinate with Alaska Power and Telephone for service disconnect and reconnect services. Contractor is responsible for all fees for incidental Utility services required by the work.

4. Applicable Codes:

a. NFPA 70 – National Electric Code (NEC), 2014 edition

b. ANSI C2, National Electric Safety Code (NESC)

c. The current family of ICC codes

5. Licensure for Trades: Electrical work shall be performed under an administrator’s license in the State of

Alaska.

6. Staging Area: Contractor shall be allowed to stage materials and equipment in a location on site as approved by the CO.

7. Building Access: Contractor shall coordinate with the CO for access to buildings and facilities.

8. Material Storage and Handling: All material shall be delivered, stored, handled, and installed per manufacturer’s specifications and recommendations.

9. Daily Cleanup: Contractor shall maintain the site clean, removing construction debris daily.

10. Contractor’s Use of On-Site Facilities: Contractor will have access to electric power, potable water, and restroom facilities (in the warehouse during normal business hours) while working on site. Contractor’s use of restroom facilities shall not impose additional cleaning requirements.

C.4 Work Items

1. General – The work listed in the Schedule and described below is a portion of a larger project described by the specifications and the original drawings. The drawings have been modified to show portions of work that are specifically included in this contract as “Phase 2”. The drawings, completed in 2010, have also been modified to reflect as-built conditions and changes that have occurred since 2010.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

2. Base 1 – 50 KVA service to (3) Fourplexes:

a. Demolition: Remove transformer, disconnects, wiring, and components as indicated on drawings.

Provide new wiring and components as indicated on drawings. All removed materials to be properly disposed of by the contractor.

b. Service: Install 50 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to (3) Fourplexes including work in MHE-44 and associated conduits.

3. Base 2 – 30 KVA service to District Office (Administration Building):

disposed of by the contractor.

b. Service: Install 30 KVA three phase transformer, wiring, components, and associated work as indicated on drawings to provide service to District Office (Administration Building) including work in MHE-1 through MHE-6 and associated conduits.

4. Base 3 – 25 KVA service to Duplexes A & B:

disposed of by the contractor.

b. Service: Install 25 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to Duplexes A & B including work in MHE-45 and associated conduits.

5. Base 4 – 25 KVA service to Duplexes D & E:

disposed of by the contractor.

b. Service: Install 25 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to Duplexes D & E including work in MHE-48 and associated

6. Base 5 – 25 KVA service to Dormitory:

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

disposed of by the contractor.

b. Service: Install 25 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to Dormitory including work in MHE-41 through MHE-43 and associated conduits.

7. Base 6 – 15 KVA service to Duplex C:

disposed of by the contractor.

b. Service: Install 15 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to Duplex C including work in MHE-46 and MHE-47 and associated

8. Base 7 – 15 KVA service to Trailer 1:

disposed of by the contractor.

b. Service: Install 15 KVA one phase transformer, wiring, components, and associated work as indicated on drawings to provide service to Trailer.

9. Base 8 – Demolition of service to Trailer 4:

a. Demolition: Remove transformer, disconnects, wiring, components, and trailer pedestals as indicated on drawings. All removed materials to be properly disposed of by the contractor.

10. Base 9 – Advance Meter Rewiring:

a. Rewire: Rewire Advance Meter as indicated in drawings.

11. Base 10 – Site Lighting Conductor Replacement and Circuit Bonding:

a. Remove all existing site lighting conductors from existing buried conduit between electric manholes.

Pull new site lighting conductors and terminate.

b. Bond site lighting conduits in accordance with the NEC and the drawings.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

C.5 Statement of Work/Specifications (AGAR 452.211-72) (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.

C.6 Attachments to Statement of Work/Specifications (AGAR 452.211-73) (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.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION D--PACKAGING AND MARKING

D.1 Project Labeling for Official Correspondence

a. 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, to include emails, starting upon notice of award.

NOTE: The solicitation number will have an “S” for the solicitation indicator in the number. Contracts will have a similar number format but will have a “C” in place of the “S”.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION E--INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.246-12 Inspection of Construction AUG 1996

E.2 Inspection and Acceptance (AGAR 452.246-70) (FEB 1988)

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

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

http://www.arnet.gov/far/

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION F--DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Clause Number Title Date

52.242-14 Suspension of Work APR 1984

F.2 Commencement, Prosecution, and Completion of Work (FAR 52.211-10) (APR 1984) Alternate I

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 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 September 30, 2016. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 30, 2015. 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.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Post Award Conference (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled and held within _30_ days after the date of contract award. The conference will be held at a mutually agreed upon location.

G.2 Contract Release

When submitting final payment, Contractor shall provide a signed and dated contract release that includes the following information:

"In consideration of receipt of final payment in the amount of $__________ Contractor hereby releases the

United States of America from any and all obligations arising under this contract and any modifications thereof except as reserved herein.

Reservations: ______________"

G.3 Government Furnished Property

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

Item

No.

Property Description Qty Location Date Available

01 Transformer, 50 KVA one-phase 1 Thorne Bay

Compound

Warehouse

Date of contract award.

02 Transformer, 30 KVA three-phase 1 Thorne Bay

Compound

Warehouse

Date of contract award.

03 Transformer, 25 KVA one-phase 3 Thorne Bay

Compound

Warehouse

Date of contract award.

04 Transformer, 15 KVA one-phase 1 Thorne Bay

Compound

Warehouse

Date of contract award.

G.4 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

a. Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access and use

IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

b. Final Payment. The final invoice must be accompanied by a release of claims against the

Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. Final payment will not be approved without a properly executed Contract Release, Form 6300-16.

c. In addition, when submitting the invoice, the Contractor shall submit payrolls, subcontractor payment information and a spreadsheet detailing the payment breakdown in accordance with the Pay Items in the Schedule of Items, Section B.1 (either electronically in IPP, hard copy, or via fax) to the Contracting

Officer (see FAR 52.232-5 Payments Under Fixed Price Construction Contracts).

G.5 Contract Administration

a. This contract will be administered by the Contracting Officer located at:

Pacific Northwest Region, Attn: CO – Miley Sutherland

Olympic National Forest Service

b. All matters related to the performance of this contract shall be coordinated through the Contracting

Officer.

G.6 Designation of Contracting Officer’s Representative

a. The Contracting Officer designates the Contracting Officer's Representative(s) (COR). The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

b. The Contracting Officer should be informed as soon as possible of any actions or inactions by the

Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

c. On all matters that pertain to the contract terms, the Contractor must communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

G.7 Contractor’s Designated Representative

a. It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer.

Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 Availability and Use of Utility Services (FAR 52.236-14) (APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The

Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

H.2 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

H.3 Product Substitution

Any modification of other items, designs, materials, products or equipment (including Government-furnished property), made necessary because of a substitution, will be the responsibility of the Contractor without adjustment in contract price or time. The Contracting Officer's approval of any substitute will not affect the

Contractor's responsibility for such modification. Any and all substitutions will be requested by the

Contractor after award of the contract has been made. No approvals will be made prior to award.

H.4 Contractor’s Representation & Responsibility

A. In making formal request for substitution the Contractor represents he/she:

1. Have investigated proposed product and determined that it is equal to or superior in all respects to that originally specified.

2. Will provide same warranties and bond for substitute as for originally specified product.

3. Will coordinate installation of accepted substitution into the work, and will make such changes as may be required for the work to be complete in all respects.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

4. Will waive claims for additional costs caused by substitution, which may subsequently become apparent.

5. Cost data is complete and includes related costs under the contract, but not:

a. Costs under separate contracts.

b. Contracting Officer costs for redesign or revision of contract documents.

B. The Contractor assumes full responsibility that the substitution and/or alternate items or procedures proposed will meet the job requirements.

C. The Contractor is solely responsible for the cost of redesign and modifications to this and other parts of the work caused by the substitutions or alternates furnished.

H.5 Product Substitution Request

A. When submitted within 30 days after contract award, the Contracting Officer will consider formal requests for substitution of products, equipment and methods, in place of those specified. Requests submitted after 30 days will be considered only in case of product unavailability or other conditions beyond the control of Contractor. Requests shall provide the information and be in the format as specified in paragraph B below.

B. Submit separate request for each substitution. Support each request with:

1. Complete data substantiating compliance of proposed substitution with requirements stated in contract documents:

a. Product identification, including manufacturer's name and address.

b. Manufacturer's literature; identify:

1) Product description

2) Reference standards

3) Performance and test data

c. Samples, as applicable

d. Name and address of similar projects on which product has been used, and date of each installation.

e. Comparative data of item to be deleted by proposed substitution. Include drawings to same (or larger) scale as pertinent portion of contract documents and marked to show how differences will be accommodated.

f. Show complete system/assembly as revised to accommodate proposed alternate for difference in performance, size, configuration, connections, service, accessibility, or any other significant characteristics.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

g. Show complete layout of system except that which is identical to contract documents unless unchanged portion must be shown to indicate clearances, etc.

h. Include complete detail drawings of supports for all substitute equipment and complete load calculations for adequacy of support prepared and signed by a registered structural engineer.

1. Itemized comparison of the proposed substitution with product specified; list significant variations.

2. Data relating to changes in construction schedule.

3. Any effect of substitution on separate contracts.

4. List of changes required in other work or products.

5. Accurate cost data comparing proposed substitution with product specified.

6. Proposed amount of change to the contract.

7. Designation of required license fees or royalties.

8. Designation of availability of maintenance services, sources of replacement materials.

C. Substitutions will NOT be considered for acceptance when:

1. They are merely indicated or implied on shop drawings or product data submittals without a formal request from Contractor.

2. They are requested directly by a subcontractor or supplier.

3. Acceptance will require substantial revision of contract documents.

4. Substitution has not been requested in accordance with this and related clauses.

D. Substitute products shall not be ordered or installed without written acceptance of the Contracting Officer.

E. Contracting Officer will determine acceptability of proposed substitutions.

F. Number of Substitution Submittals: Only one proposed alternative will be considered for each item. Provide specified item if substitution proposal is rejected.

H.6. Landscape Preservation

(a) Confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Unless otherwise agreed to by the CO, retrieve material which falls outside of these limits and either incorporate the material in the work or dispose of the material as directed by the CO.

(b) Schedule and conduct operations to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.). Install silt fencing around areas immediately next to streams and ponds to mitigate suspended sediments when designated on the drawings.

Do not discharge pollutants such as raw sewage, and other harmful materials into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Do not allow wash water or waste water from concrete or aggregate operations 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.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

Collect and return waste motor oils, fuels, lubricants, bitumens and similar hydrocarbons to the supplier. Comply with the requirements of 40 CFR 279, Standards for the Management of Used Oil. Do not discharge hydrocarbon products on the ground, use them for road oiling, or bury them in a landfill.

Do not operate mechanized equipment in live streams without written approval of the Contracting Officer.

H.7 Contractor’s Use of Existing Roads

The Contractor is authorized to use roads in the immediate construction project area for performance of work under this contract. Such roads are those which are necessary for direct access to designated borrow sites, quarries, stockpile sites, waste areas, campsites, equipment unloading ramps, and other approved work areas. The roads authorized for use will be subject to the following general conditions:

(a) Federal Regulations contained in 36 CFR 261.12; except vehicle weight will not exceed that of AASHTO

HS20-44 and/or U80 Loading. Submit written requests to the CO for approval to use L90 and U102 overload

Loadings on roads authorized for use. Regulations prohibit damaging a road or blocking a road open to use by others, except as otherwise provided in the Special Project Specifications.

(b) The Government will not snowplow roads for the Contractor's use. The Contractor may snowplow any road designated for his use. A permit defining snowplowing requirements is required and will be issued by the

District Ranger, upon request by the Contractor. Repair any damage to the road structure caused by snow removal operations. Vehicles, other than conventional over-the-snow vehicles (snowmobiles), will not be permitted to use roads when there is an average of more than 4 inches of snow unless the road has been snowplowed.

The Contractor is responsible for and will perform road maintenance on Forest Service roads in the construction area commensurate with his use. Perform road maintenance at such intervals that prevent deterioration of the roadway, or as directed by the Contracting Officer.

H.8 Emegency Control

(a) Immediately extinguish without expense to the Government all fires on or in the vicinity of the project which are caused by the Contractor's employees, whether set directly or indirectly as a result of construction operations, with or without direction by the Forest Service. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the

Government resulting from fires set or caused by Contractor's employees or resulting from construction operations.

(b) Contractor's Responsibility for Controlling Other Emergencies - When requested by the Contracting Officer, allow the Forest Service to temporarily use employees and equipment for emergency control work. Payment will be made at not less than the current area rate established by the Forest Service.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

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

Whistleblower Rights (APR 2014)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)

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 2013)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014)

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

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 -- Overtime Compensation (MAY 2014)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds (MAY 2014)

52.222-8 Payrolls and Basic Records (MAY 2014)

52.222-9 Apprentices and Trainees (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements (FEB 1988)

52.222-11 Subcontracts (Labor Standards) (MAY 2014)

52.222-12 Contract Termination - Debarment (MAY 2014)

52.222-13 Compliance with Construction Wage 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) http://www.usda.gov/procurement/policy/agar.html

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

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 (JUL 2014)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (JUL 2014)

52.222-40 Notification of Employee Rights under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.222-54 Employment Eligibility Verification (AUG 2013)

52.222-55 Establishing a Minimum Wage for Contractors (DEC 2014)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

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

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

52.227-1 Authorization and Consent (DEC 2007)

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

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

52.228-2 Additional Bond Security (OCT 1997)

52.228-11 Pledges of Assets (JAN 2012)

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

52.228-14 Irrevocable Letter of Credit (NOV 2014)

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

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

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

52.232-17 Interest (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

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

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

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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

52.233-1 Disputes (MAY 2014)

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)

52.236-17 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)

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Items (APR 2015)

52.245-1 Government Property (APR 2012)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value Engineering – Construction (OCT 2010)

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

452.232-70 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)

I.2 Reporting Executive Compensation and First-Tier Subcontract Awards (FAR 52.204-10)

(JUL 2013)

(a) Definitions. As used in this clause:

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

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the

Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

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

“Total compensation” means the cash and noncash dollar value earned by the executive during the

Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)

(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the

Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

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

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

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

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

(b) Section 2(d) (2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-

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

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

(d)

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

(i) In the Contractor’s preceding fiscal year, the Contractor received—

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

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

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and

Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following http://www.sec.gov/answers/execomp.htm

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

information at http://www.fsrs.gov for that first tier subcontract. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

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

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

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

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

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

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

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the

Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sub grants), cooperative agreements, and other forms of Federal financial assistance; and http://www.fsrs.gov/ http://www.fsrs.gov/ https://www.fsrs.gov/

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

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

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and

Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

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

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the

Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the

Contractor does not need to report awards for that subcontractor

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and

FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the

SAM database information is incorrect, the contractor is responsible for correcting this information.

I.3 Commercial and Government Entity Code Maintenance (FAR 52.204-18) (NOV 2014)

(a) Definition. As used in this clause—

“Commercial and government Entity (CAGE)” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense

Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the

NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as the NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government

Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

Sol. No. AG-0112-S-15-0028

Updated Thru FAC 2005-81

PAGE

initiates those changes via…